1. The defendant shall pay 129,564,427 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Basic Facts

Around April 2009, Defendant Advanced Engineering Korea Co., Ltd. (hereinafter “Defendant Advanced Engineering”) concluded a concession agreement on the said project (hereinafter “instant concession agreement”) with the Defendant’s Intervenor, as it was designated as the executor of the Pool Tech University dormitory and engineering-based private investment project (hereinafter “instant project”) ordered by the Ministry of Labor (on the present Ministry of Employment and Labor, hereinafter “Defendant Auxiliary”) under the Republic of Korea’s control of the Intervenor.

The contents of this case in the concession agreement are as follows:

(3) If a concessionaire requests the commencement or extension of the period of work, due to any cause attributable to the competent authority, force majeure, and other causes recognized by the competent authority, and the competent authority recognizes it, the time or period of work as referred to in paragraph (1) may be adjusted.

Article 28 (Compensation for Delay) (1) Where a project operator completes the completion of a project for each unit facility (including the date of extension under this Convention) in excess of the completion date of the project for each unit facility (including the date of extension under this Convention), the project operator shall pay compensation for delay from the day following the completion date of the project for each unit facility (the completion date reflected in the extension date of the construction period under this Convention) under Article 74 of the Enforcement Decree of the State Contracts Act and Article 7

Article 74 of the Enforcement Decree of the Act on Contracts to Which the State is a Party and Article 75 (1) of the Enforcement Rule of the same Act provide that the rate of liquidated damages shall be 1/1,000 in the case of construction works.

In such cases, the contract amount which is the basis for the calculation of liquidated damages shall be deemed the total project cost for each unit facility.

Defendant’s advanced engineering is designed and designed between the completion construction company, etc. (hereinafter “water construction”) for the instant project on December 8, 2009.