1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal shall be borne by the Intervenor.

1. Basic facts

A. On March 8, 2013, the Defendant contracted for D Corporation 1,040,584,000, and concluded each contract by dividing the said construction into the primary construction and the secondary construction from the Incheon Regional Maritime Port Authority.

B. The primary construction work is a construction work that produces a sub-structure comprised of a table and three steel poles on the land. The Defendant entered into a contract with the Incheon Regional Maritime Affairs and Port Authority for the first construction work, setting the contract amount of KRW 300,000,000, and the construction period from July 30, 2012 to November 26, 2012, and it was awarded a subcontract to the Gsung Co., Ltd. (hereinafter referred to as the “Songsansan”), thereby completing the construction work on November 26, 2012.

C. The second construction works are the construction works that, by transporting light materials manufactured in the first construction works into the maritime design location, stick the 3 mouth columns under the lower part of a table, such as drilling three holess into the bottom bottom, and then fix the sub-structures with the surplus space of the steel pole at cement tar (hereinafter “instant construction works”). The Defendant entered into a contract with the Incheon Regional Maritime Port Authority by setting the contract amount to KRW 740,584,00 for the construction period and the second construction period from March 11, 2013 to July 8, 2013, and entered into a contract with the Busan District Office for the construction works.

On May 3, 2013, the Plaintiff sent to the Defendant a content-certified mail to the effect that the Plaintiff’s patent technology is reflected in the design of the instant construction project, for which the Plaintiff was awarded a contract for the settlement of disputes, and the Plaintiff’s patent right use should be permitted or approved by the Plaintiff, the patentee. On May 21, 2013, the Plaintiff agreed on May 23, 2013, as the Plaintiff sent a petition to the Incheon Regional Maritime Port Office, the Defendant, on May 23, 2013, to terminate the construction contract as a matter of public law, with respect to the instant construction project.

E. On May 27, 2013, the Defendant: (a) the construction period between the Plaintiff and the Plaintiff for the instant construction works from May 27, 2013 to July 8, 2013; and (b) the construction amount is 465.