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(영문) 인천지방법원부천지원 2014.12.18 2014가합6342

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 18,782,640 for the car masters Co., Ltd., the Defendant (Counterclaim Plaintiff) as well as to the amount of KRW 18,782,640.

Reasons

1. Determination on the main claim

A. Basic facts 1) On May 13, 2013, the Plaintiff is Nonparty B located in China (hereinafter “trustee”).

(2) On May 15, 2013, the Plaintiff entered into a payment guarantee agreement and a foreign exchange transaction agreement on the issuance of the import letter of credit of USD 8,800,000 for the amount corresponding to USD 1,480 out of the contract amount described in the above paragraph (1) with Non-Party Korean Bank (hereinafter “National Bank”) and was issued by the said bank the revocation of the revocation of the issuance of the letter of credit (credit number: C, No. 2-1, No. 2-2). 3) The consignor entered into a maritime container transport consignment agreement with the Defendants as to each of the above 1,075 tons (total amount of 35 tons).

Accordingly, the Defendants issued each bill of lading (BILOFO LADING, hereinafter “each bill of lading of this case”) as indicated below, with the Plaintiff, the place of delivery, and the place of delivery, as “the port of Busan in the Republic of Korea,” who is directed by a national bank.”

Serial No. 15,7296251, Oct. 29, 2013, 2013, Defendant SPLU 1, 15,750 Gap evidence 7 No. 2 APLU 07296,5038, Nov. 1, 2013, 206, No. 211,00 Gap evidence 6, 3APLU 07296274, 107. 106. 10, 307. 106. 10, 50, 50, 500 Gap’s L/C No. 1075, 50, 500 Gap’s L/C No. 301, 305, 201, 305, 10, 405, 201, 30, 130, 25, 2013

The plaintiff shall pay the letter of credit to the National Bank and each of the above bills of lading.