1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 15,693,137,170 won to the plaintiff and 508,641.

Basic Facts

The plaintiff is a company that carries out aviation-related projects, such as design, manufacture, sale, and remodeling of aircraft, space lines, satellite, industrial posters, and their parts, and the Defense Acquisition Program Administration under the defendant is a government agency responsible for defense acquisition programs, such as improvement of defense power, procurement of military supplies, and fostering of the defense industry.

D Development Project Promotion and Business Structure Defendant decided to promote D Development Project (hereinafter “D”) from around 2005 to promote national projects under the supervision of the Ministry of Commerce, Industry and Energy, the Ministry of Commerce, Industry and Energy and the Defense Acquisition Program Administration, with the aim of acquiring E through domestic research and development, in order to develop components for the combined use of the aged foreign helicopter in the military as well as the military helicopter and to lay the foundation for independent production of the helicopter used by the private sector as well as the military helicopter.

In the development project of this case, E is divided into 100 parts, and one of 71 items was determined as “contestable components,” and the remaining 29 items were determined as “contestable components,” respectively.

With respect to the instant development project, the Plaintiff, the Agency for Defense Development (AD) and the Korea Aerospace Institute (KARI) jointly participated in the development project, and the said three major institutions in charge share the roles of 100 components of E. However, the Plaintiff, as a domestic system comprehensive business entity, is responsible for the overall management of system development and system integration, as well as for the development of certain items (38 items) among the aforementioned “contestents subject to development,” and the Agency for Defense Development (AD) and the Korea Aerospace Institute (KARI) are responsible for supporting this and taking charge of the key components and part of military core components for both civilian and military purposes.

Pursuant to the selection procedure of the participating company of the instant development project, C., the Intervenor joining the Plaintiff, around December 2005.