1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) is a company that manufactures and sells life-certification devices, such as Japan, C Certification, and related chips, etc., and the Defendant is a company that operates a security business related to C Recognition in Korea.

B. On February 15, 2016, A entered into a contract with the Defendant to allow the Defendant to use the know-how of manufacturing technology A (D) and to supply at USD 800,000 for ASIC chips (hereinafter “instant goods”) (hereinafter “instant technical assistance and supply contract”), and the Defendant ordered the instant goods to A around February 25, 2016 pursuant to the said contract.

C. On May 2, 2018, when the lawsuit of the first instance court was pending, A was ordered to commence bankruptcy at the east District Court of Japan.

(hereinafter “instant bankruptcy procedure”). The Plaintiff was appointed as a bankrupt trustee of A on the same day and taken over the instant litigation procedure on July 19, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination of the applicable law;

A. Since a Japanese legal entity that is one of the parties to the instant technical assistance and supply contract is a party to the instant contract, the instant case constitutes a case with foreign elements, and the applicable law should be determined in accordance with the

B. The Plaintiff sought the payment of the goods price and damages for delay under the instant technical assistance and supply contract. Article 25(1) of the Private International Act provides that the contract shall be governed by the law chosen explicitly or implicitly by the parties concerned, and according to the written evidence No. 1, Article 11 of the above contract is subject to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter “Convention”), and if the pertinent matters are not specified in the Convention on Contracts for the International Sale of Goods.