The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

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

A. According to the facts acknowledged by the court below, Article 38 (3) 1 of the concession agreement of this case amended on November 1, 2006 provides that "the project implementer may request the increase of tolls, the extension of the period of free use, or the provision of government subsidies where operating expenses are increased due to any of the following reasons during the operation period, and the Government may request the reduction of tolls and the reduction of the period of free use, if operating expenses are reduced due to the reasons under subparagraph 3, and subparagraph 3 thereof provides that "the project implementer may request the reduction of tolls and the reduction of the period of free use."

In Article 38(3)1 of the aforesaid concession agreement, the lower court determined that the term “in cases where operating expenses are reduced due to the cause under subparagraph 3” does not mean the cases where the actual operating expenses of the pertinent year are reduced or the amount of corporate tax is reduced, but rather, the term “corporate tax reduction” means “in cases where a person selects a method of reducing financial subsidies (subsidies) instead of “in cases of reducing tolls,” the amount of the adjusted tolls should be calculated in the interim calculation process of calculating the amount of the amount of the financial subsidy reduced, and that the term “in cases where a person selects a method of reducing the amount of the financial subsidy (subsidies).” The lower

B. Furthermore, according to the reasoning of the judgment below, Articles 44(1)4, 44(2), and 45(3) of the concession agreement of this case provide that where a cause for the adjustment of tolls occurred as stipulated in the concession agreement, “financial support adjustment” may be “in lieu of the actual adjustment of tolls,” and pursuant to Article 38(4) of the concession agreement of this case, the government shall provide that where a cause for reduction of operating expenses under the concession agreement occurs