1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The court's explanation on this part of the basic facts is the same as the part of the "1. Basic Facts" for the reasons of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The plaintiff's assertion is that the plaintiff paid US$ 400,000 to the defendant, and the remaining US$ 100,000 to C at the defendant's request, and the defendant received US$ 500,000 from the plaintiff as the advance of the above sales contract.

However, since the sales contract of this case was cancelled as the defendant's default, the defendant is obligated to return US$ 500,000, which is the full amount of the advance return to the plaintiff, but only US$ 400,000.

Therefore, the plaintiff sought payment of the remaining US dollars 100,000 and damages for delay against the defendant.

B. The Defendant’s assertion is unlawful as filing a lawsuit concerning a dispute that is the subject of an arbitration agreement.

Of the advance payment that the Plaintiff seeks to return, USD 100,000,000 was paid to C at will without the Defendant’s approval, and at the time of the cancellation of the instant sales contract, the Defendant agreed to return USD 400,000,000 except for USD 100,000 paid to C out of the said advance payment.

Therefore, the plaintiff cannot respond to the request.

3. In this case, the Plaintiff, a Korean juristic person, seeks the return of the purchase price, which was due to the cancellation of the instant sales contract, against the Defendant, who is a Republic of the Marshall system, and thus, the governing law should be determined under the Private International Act, with foreign elements.

Article 25 (1) of the Private International Act provides that "a contract shall be governed by the law that the parties have chosen explicitly or implicitly."