The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the ground of appeal No. 2, the lower court determined that it is difficult to view that the Plaintiff, the concessionaire of the B private investment project, and the Defendant, the competent authority, were obligated to maintain the financial structure under the instant concession agreement, which was premised on the time the instant concession agreement was concluded, in the first agreement on December 14, 200 and the subsequent three times thereafter.

The judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the legal nature of the annual plan and the interpretation of concession agreement, or by exceeding the bounds of the principle of free evaluation

2. As to the grounds of appeal Nos. 1 and 3

A. (1) The purpose of the Act on Public-Private Partnerships in Infrastructure (hereinafter “Act”) is to contribute to the development of the national economy by promoting the creative and efficient expansion and operation of infrastructure by promoting the investment of the private sector in infrastructure facilities.

(1) The Government shall make efforts to maintain the public interest while setting up and publicly announcing the basic plan for infrastructure facilities in line with mid- to long-term plans for national investment priorities and national investment priorities, and creating such conditions as to serve the creativity and efficiency of the private sector.

Article 7(1) and (2) of the Act. Furthermore, the competent authority shall establish and publicly announce the master plan for infrastructure project (hereinafter referred to as “master plan for infrastructure project”) in accordance with the master plan for infrastructure project within one year from the date of designation as the master plan for infrastructure project for the pertinent year (Article 10(1) and (3) of the Act), including the matters concerning the estimate investment amount, etc. of the solicited project (Article 10(1) and (3) of the Act, and the matters concerning the concessionaire’s profit, including user fees, (Article 3) and the

§ 11.