A. The Plaintiff was established on the basis of the laws of the Hong Kong Special Administrative Area (hereinafter “China”) of the People’s Republic of China (hereinafter “China”), and is a limited liability company (limited liability company) with its head office in Hong Kong. The Defendant is a corporation established on the basis of the laws of the Republic of Korea and its head office in Seoul.

B. On October 18, 2016, the Plaintiff and the Defendant set up a sales contract (Evidence 1-1, 200, hereinafter “instant sales contract”) with the content that: (a) the Plaintiff and the Defendant set the Defendant a total of KRW 160,000 per unit price of USD 2.6 per unit price; (b) half of the total number of the above units shall be December 20, 2016; and (c) the remainder shall be shipped on December 30, 2016 and delivered at the port of Korea; and (d) the amount of the goods shall be paid within 60 days from the date of receipt of the goods.

There was no provision concerning the choice of applicable law in the contract of sale.

C. On December 20, 2016, the Plaintiff loaded 81,600 clothes of USD 212,160 (hereinafter “the first shipment”) in the Republic of Korea.

On the same day, the Defendant prepared a payment guarantee under the name of the Defendant (Evidence 3-1) and delivered it to the Plaintiff via C, a clothing trading company, and stated the phrase “the payment guarantee for goods” within 60 days when the goods loaded on December 20, 2016 are delivered to the Plaintiff, and the phrase “the payment guarantee for goods” was given within 60 days.

On December 21, 2016, D, an individual entrepreneur who has substantially operated C, received the goods directly after filing an import declaration with the Incheon Customs Office in the name of C.

Around that time, the operator of C was registered as E, but on July 3, 2017, the operator was registered as D.

E. Since January 15, 2017, the Plaintiff’s clothes equivalent to USD 87,807.2, not more than 33,772, is the second part of the instant case.