신용장대금지급 청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Under the main sentence of Article 420 of the Civil Procedure Act, the relevant part of the reasoning of the judgment of the first instance shall be cited.
2. Summary of the parties' arguments
A. The Defendants, as the issuing bank of the instant L/C, are obligated to lawfully accept the instant L/C and pay the L/C amount and damages for delay to the Plaintiff that presented the documents meeting the respective conditions of the L/C.
B. The bill of lading presented by the Plaintiff (other Defendants 1, excluding Defendant National Bank of Korea) is a corporation Young Manur Mauritius (hereinafter referred to as “Mauritur Mauritius”) without any fact that the bill of lading presented by the Plaintiff was concluded and there was no fact that the
The defendant is not obligated to pay the amount of the letter of credit to the plaintiff, since it constitutes a false bill of lading issued by the plaintiff, and a false document was presented, and the bank issuing the letter of credit could refuse to pay the amount of credit because it constitutes a fraudulent transaction. 2) The documents presented by the plaintiff were either documents inconsistent with the terms and conditions of the letter of credit, or were presented after the expiration of the validity period of the letter of credit
C. According to the validity date and location of the letter of credit of Defendant National Bank 1 on November 26, 201, the letter of credit of Defendant National Bank 1 on the expiration of the validity date and the submission period for the letter of credit of Defendant National Bank stated that the last presentation period is up to the validity date of the letter of credit under the additional conditions of 47A. The time when the Plaintiff presented the letter of credit to Busan Bank, which is the negotiating bank, and the date when the Plaintiff requested the purchase of the shipping documents, etc. and the date when the bill of exchange passed the expiry date and the last presentation period of the letter of credit was December 19, 201. The time when the letter of credit reaches the Defendant National Bank was December 2
There is no text of confirmation that the document was presented before the expiry date of the credit and no text of confirmation that the document conforms to the terms and conditions of the credit.
2 The discrepancy between the terms and conditions of the credit.