1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On August 24, 2009, the Plaintiff entered into a contract with the Defendant for the new construction of Lonedo Passenger Terminal (hereinafter “instant construction”) for the total construction cost of KRW 4,704,105,00, and for the total construction period from August 28, 2009 to August 27, 2011. The Plaintiff divided the instant construction into five parts and concluded a separate construction contract in a successive order.

Therefore, on August 24, 2009, the Plaintiff and the Defendant concluded a construction contract with the construction cost of KRW 913,828,000 and the construction period from August 28, 2009 to February 23, 2010 regarding the first portion of the instant construction project, and the Plaintiff commenced the first portion of the construction project on August 28, 2009.

The details of the first minute construction were included in the construction works on the first, second terminals, construction works on the first, second terminal temporary waiting rooms, removal works, and installation works on the first, second terminal temporary waiting rooms.

B. On December 14, 2009, the Enforcement Decree of the Harbor Act was amended and enforced by Presidential Decree No. 21882 on December 14, 2009, and the authority for the implementation, management, etc. of harbor works was delegated to the Mayor/Do Governor with respect to local management ports, such as Seodo. Accordingly, Jeonnam-do began to manage and supervise the construction as the implementer of the instant construction project from March 22, 2010.

C. On December 28, 2009, the Plaintiff and the Defendant entered into a modified contract with the content of reducing the construction cost for the primary construction to KRW 422,233,000, depending on the need of the ordering authority, “Adjustment of the amount of construction for the primary construction following the allocation of the expenditure budget.” On February 23, 2010, the Plaintiff and the Defendant again entered into a modified contract with the content of extending the deadline for the completion of the primary construction to April 9, 2010 upon the request for the extension of the deadline for the completion of the primary construction.

On April 9, 2010, the Plaintiff completed the first part of the instant construction work.

On July 23, 2010, the Plaintiff entered into a construction contract with respect to the second part of the instant construction works with respect to Jeonnam-do and the instant construction works by setting the construction amount of KRW 2,210,049,380, and the construction period from July 28, 2010 to March 18, 201.