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(영문) 서울고등법원 2018.10.12 2018나2014784

신용장대금청구

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts are recognized in full view of the following facts: (a) there is no dispute between the parties; (b) evidence of Eul 1 to 5; (c) evidence of Eul 7; and (d) evidence of Eul 9, 10; and (c) evidence of Eul 15 to Eul 24; and (c) evidence of Eul 15 to Eul 24; (d) the witness of the first instance trial; (e) the witness of the trial court; and (e) the witness of the trial court; and (e) some testimony of the witness of the trial court; and (e) the overall purport of the pleadings as a

[1] The plaintiffs are China companies that engage in freezing fishery products export business.

B A Co., Ltd. (hereinafter referred to as “B”) is a Korean company that engages in import business.

The Plaintiffs entered into a contract with B to export freezing machines, and the Defendant’s Intervenor (hereinafter referred to as the “ Intervenor”) was a company of the Republic of Korea and acting as an agent for B’s import.

The Intervenor requested the Defendant, a bank of the Republic of Korea, to issue a letter of credit for the import of the said freezing, and the Defendant, as the beneficiary, issued an irrevocable letter of credit as shown below [Attachment 1].

(1) On March 10, 2015, the letter of credit mentioned in Nos. 1 (hereinafter referred to as "Nos. 1") must be nominated by E (i.e., "No. 1 letter of credit" and "No. 2 letter of credit", and (ii) together, "each of the instant letters of credit" [Attachment 1] Nos. 399,074.00 on March 10, 2015, the amount of the beneficiary (the plaintiff) No. 3999,074.00 on March 10, 2015, Pipling Fishery Products Limited Co., Ltd., Ltd., Ltd. in the Jeju City City of Busan on March 23, 2015; and (iii) each of the instant letters of credit in this case states the condition that E shall be included in the purchase documents issued by E.

[2] The plaintiffs presented the bill of lading and other shipping documents under the name of E in each of the instant L/C to the Bank of Korea of Aviation of China, along with the bill of lading and other shipping documents. The L/C bank was attached to the defendant as stated below (Attached 2).