1. The Defendant’s annual payment of USD 160,393 to the Plaintiff during the period from September 16, 2017 to January 29, 2019.

1. Facts of recognition;

A. The Plaintiff is a foreign legal entity established by the Free Trade Zone Act, which is located in the two parts of the U.S. government of the U.S.E., and the Defendant is a Korean legal entity that operates trade business.

B. On September 14, 2017, the Plaintiff paid USD 164,848 to the Defendant’s currency of the United States of America (hereinafter “U.S.”), and the Defendant concluded a commodity supply contract with the Defendant to supply a mar 201,60 (7Pet) (hereinafter “instant contract”) within two days from the date of payment.

Accordingly, on September 14, 2017, the Defendant ordered C, a buyer, to place an order for the goods stipulated in the instant contract.

C. On September 15, 2017, the Plaintiff paid USD 164,848 to the Defendant as the price for goods under the instant contract, but the Defendant did not supply the goods within the period stipulated in the instant contract.

Since then, the Plaintiff requested the Defendant to supply goods under the instant contract, but did not supply goods.

The Plaintiff expressed his/her intent to cancel the instant contract on the grounds of nonperformance of the Defendant’s duty to supply goods through the service of the duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on January 29, 2019.

E. On March 6, 2018, the Defendant returned USD 4,455 to the Plaintiff out of the amount of goods.

[Ground of recognition] Facts without dispute, significant facts in the court, Gap evidence 1, Gap evidence 2, Eul evidence 1-1 to Eul evidence 3-2, the purport of whole pleadings

2. In the instant case where the Plaintiff, a foreign legal entity, seeks restitution against the Defendant, who is a Korean legal entity, by rescission of the instant contract, the governing law should be determined in accordance with the Private International Act.

Article 25 of the Private International Act provides that the law that the parties have chosen explicitly or implicitly with respect to the governing law of the contractual relationship shall be governed by the law that the parties have chosen.