1. The Defendant’s 40,500 US dollars and 6% per annum from August 11, 2018 to February 25, 2019 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a foreign legal entity that has a place of business in the U.S.A.A. and operates steel trade business, etc., and the Defendant is a Korean legal entity that operates steel wholesale retail and trade business.

(B) The plaintiff and the defendant agreed to the Korean law as the applicable law to this case.

On June 21, 2018, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff to sell Switzerland (hereinafter “the instant goods”) 360 tons to USD 1,700 per ton currency of the United States (hereinafter “the United States currency”) (hereinafter “previous contract”), and the Plaintiff agreed to pay the down payment of USD 68,000 within five days from the completion date of the inspection of the goods.

C. Since then, on August 10, 2018, the Plaintiff and the Defendant revised the terms and conditions of the previous contract, and concluded a sales contract with the Defendant selling 400 tons of the instant goods to the Plaintiff at USD 1350 per ton (hereinafter “instant contract”).

In the instant contract, the Defendant loaded the instant goods by dividing them into four times, and the Plaintiff immediately remitted USD 40,500 to the down payment, and the Defendant decided to load one-lane 100 tons as soon as the down payment is received.

Under the instant contract, the Plaintiff paid USD 40,500 to the Defendant the down payment on August 11, 2018.

E. However, the Defendant demanded to increase the sale price stipulated in the instant contract by citing the following reasons: (a) the Defendant, after receiving the down payment, refused the performance of the instant contract; and (b) was bound to make a decision not to sell the amount of USD 1,350 per ton as the damage is too heavy

F. On October 4, 2018, the Plaintiff notified the Defendant of the performance of the instant contract, and notified the Defendant of the cancellation of the instant contract and demanded the return of the down payment if the Defendant did not perform the contract.

For this, the defendant requests the return of the transaction price stipulated in the previous contract.