1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Basic Facts

The plaintiff is a corporation that runs the harbor transport business, harbor facility maintenance business, warehouse business, grain sprinking business (grain loading and unloading business and storage business).

According to the implementation of the terminal operating company system, which provides a private wharf operating company with exclusive responsibility on a leased basis with a private wharf operating company (Terminal, TOC), which is the port facilities owned by the Defendant, for the use of old harbor facilities (excluding port facilities and user fees, etc.; hereafter the same shall apply in this Article) under Article 27 (1) of the former Harbor Act (amended by Act No. 8338 of April 6, 2007) owned by the Defendant, any person who intends to use harbor facilities (excluding port facilities and user fees, etc.; hereafter the same shall apply in this Article), may enter into a lease contract with the managing agency or a person who has entrusted or entrusted the operation of harbor facilities (hereinafter referred to as a "harbor facilities operator") under the conditions as prescribed by the Presidential Decree, or with the consent of a person who has entered into the lease contract (hereinafter referred to as a "leased contractor").

Provided, That any person who intends to use harbor facilities determined by the management agency shall report it to the management agency.

On May 7, 2004, the chief of a regional maritime affairs and fisheries office (hereinafter referred to as the “Defendant”) publicly announced the “plan for the selection of the grain processing company operating the wood-free ports” (hereinafter referred to as the “instant selection plan”).

Of the instant selection plan, the details related to performance guarantee are as follows.

An enterprise selected as a wharf operating company shall submit a guaranty insurance policy or securities equivalent thereto to guarantee (1) the securing quantity of cargo, (2) the inducement plan for new cargo, (3) the contribution to port modernization, and the performance guarantee period shall be from the date of the rental contract to 90 days after the expiration of the execution period of the rental contract.

(a).

The amount to be paid for a performance guarantee (1) The amount to be paid for the performance guarantee for the quantity of new loading and unloading of the wharfs to be leased - the quantity of loading and unloading x 5,304 won x 20/100.