1. The agreement between the Plaintiff and the Defendant entered into on July 3, 2009 between the Plaintiff and the Defendant for the build-transfer-lease project for sewage culvert rearrangement (BTL).

1. Case summary

A. The party status of the Plaintiff was established on January 23, 2009 as a corporation with the purpose of completing a new construction, extension, or improvement project of the sewerage system in Incheon and at the same time, for lease-based private investment projects (BTL) for which the management and operation right of the above facility is granted pursuant to Article 26 of the Act on Private Participation in Infrastructure (hereinafter “Private Investment Act”).

The defendant is the competent authority in charge of the above business affairs in accordance with relevant Acts and subordinate statutes.

B. Conclusion of the concession agreement and approval and announcement of the implementation plan 1) The Defendant’s project on the construction, extension, improvement or operation of the sewerage system in the Incheon City, an infrastructure facilities (hereinafter “instant facility project”).

(2) The Plaintiff, before completing the registration of incorporation, prepared a project plan and submitted it to the Defendant according to the master plan publicly notified on January 18, 2008, which was in the position of the company under establishment.

12. The term “management and operation rights” means rights to gratuitously use, profit, maintain and manage the facilities and to receive user fees (facility rental fees and operating expenses) from the competent authority for the period determined by the concession agreement after the concessionaire has confirmed the completion of the construction of the facilities.

46. The term “rent for facilities” means the price for provision of the project facilities which the concessionaire receives from the competent authority in equal installments of the principal and interest during the period for which the management and operation rights are established.

68. The term "total costs of private investment" means the aggregate of the costs of price fluctuation from the date of public announcement of the total costs of private project, construction interest, and instruction for proposal (the base point of October 10, 2007) to the time of each quarter of the total costs of private project;

In such cases, each quarter.