1. The plaintiff's primary claim against the defendant Republic of Korea is dismissed.

2. Defendant B Co., Ltd. shall be the Plaintiff 320.

Basic Facts

On June 1, 2006, the president of the Cuniversity, who is the competent authority in charge of the establishment and operation BO projects of Cuniversity D, entered into a concession agreement with Cuniversity D D D (hereinafter “instant concession agreement”) with the title corporation I (i.e., company J, and another Defendant B is changed in sequence again; hereinafter “Defendant Company”) established by joint investment by E, F, G, and H Co., Ltd. (hereinafter “C University D”) and the main contents are as follows.

-The main contents of the concession agreement - Article 6 (Reversion, etc. of Facility Ownership) (1) ownership of the facility shall revert to the competent authority upon completion and the competent authority shall grant the concessionaire the right to manage and operate the facility as a measure to guarantee the concessionaire's rights and legal status under this Convention at the same time as completion of completion

Article 53 (Early Termination of an Convention) (1) - Where any cause attributable to a concessionaire prescribed in Article 48 occurs, the competent authority may cancel this agreement after notifying the concessionaire in writing and may cancel the designation of the concessionaire or cancel the management and operation rights and take other necessary measures, such as cancelling the designation of the concessionaire or cancelling the management

Article 54 (Payment Method at Time of Termination) (1) The competent authority shall pay the concessionaire the payment at the time of termination calculated under Article 55 (Determination of Payment at Time of Termination and Purchase Price) of the present Convention.

Provided, That where a project operator has outstanding principal and interest as of the date of termination among the amounts raised by a loan contract, the competent authority may directly pay such unpaid principal and interest to a legitimate creditor under a loan contract.

If the competent authority fails to pay the deferred payment upon termination within 30 days from the date of calculation of the deferred payment upon termination, it shall start with the financial institution from the day following the expiration of 30 days from the date of calculation of the deferred payment upon termination to the actual payment.