1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. On January 19, 201, the Plaintiff entered into a contract for the supply of cancer (hereinafter referred to as “instant contract”) under which the Defendant entered into an open bid on the annual unit price of Samcheon and Anncheon Power Plants (hereinafter referred to as “Tcheon”) with regard to “Tcheon- and Anncheon-Power Power Plants de facto Purchase” and the Defendant’s contract price of KRW 504,00 (excluding value-added tax; hereinafter the same shall apply) and the estimated contract amount of KRW 2,278,584,00, and the term of contract from January 28, 2011 to January 28, 2012 (hereinafter referred to as “instant contract”).

B. Article 7(2) of the instant contract and relevant statutes stipulate that “the method of applying the adjustment of the contract amount due to price fluctuation (in index adjustment)” (hereinafter “general conditions”) among the general conditions for the purchase of goods, which are part of the terms and conditions of the instant contract, the provisions pertaining to the instant case, the Enforcement Decree of the Act on Contracts to Which the State Is a Party (hereinafter “Enforcement Decree”), the Enforcement Rule of the said Act (hereinafter “Enforcement Rule”), and the guidelines for the execution of government bids and contracts (hereinafter “accounting rules”) among the rules on accounting of the Ministry of Strategy and Finance, are as follows.

(3) Except as otherwise provided for in this condition, the Act on Contracts to which the State is a Party, the Enforcement Decree, the Enforcement Rule, the Enforcement Rule, the Regulations on the Management of Contracts of Public Agencies, the Regulations on Contracts of Public Agencies, the Regulations on Contracts, and the letter of intent to purchase goods (manufacture), shall be governed by the provisions of the Act on Contracts to which the State is a Party.

Article 11 (Adjustment of Contract Amount Due to Price Fluctuations) (1) The adjustment of contract amount due to price fluctuation shall be governed by Article 64 of the Enforcement Decree and Article 74 of the Enforcement Rule.

(2) When the contract amount is adjusted for the same contract, the product adjustment rate and index adjustment rate shall not be applied simultaneously, and the contract shall not be concluded.