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(영문) 서울중앙지방법원 2013.08.23 2012가합529151

신용장대금지급청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s L/C (hereinafter “NM”) issued the Defendant’s L/C is the beneficiary of HS Vietnam Network Co. LTD (hereinafter “the HS Vietnam”), and the Defendant requested the Defendant to issue a documentary L/C, the revocation of which is impossible, and the Defendant issued the L/C Nos. 1 and 2 as follows: (a) the L/C Nos. 1 and 2; (b) the L/C Nos. 1 and 2; and (c) the entire L/C No. 1.

On November 29, 2011, 18081NS0081 48,511,200 on November 29, 2011, 201, the L/C applicant’s L/C No. 1061,346,250

B. The Plaintiff became the beneficiary of the first L/C, which is the beneficiary of the Plaintiff’s L/C transfer to the Plaintiff, and the Plaintiff became the beneficiary of the first L/C.

C. The negotiating bank's purchase of the shipping documents and the claim for reimbursement on the letter of credit, and the defendant's refusal to pay on the letter of credit presented documents such as the first letter of credit, the bill of exchange, and the bill of credit, and the Busan Bank demanded the defendant to pay on the letter of credit.

[Ground of recognition] The fact that there is no dispute, Gap's 5, 6, 8, 10 evidence, Eul's 1 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. Summary of the parties' arguments

A. The Defendant, as the issuing bank of the first letter of credit, is obligated to legally accept the first letter of credit and pay the letter of credit to the Plaintiff that presented the documents meeting the conditions of each letter of credit.

Therefore, the defendant is liable to pay to the plaintiff 6% a year from the day following the last day of the letter of credit to the day of service of a copy of the complaint of this case, and 20% a year from the next day to the day of complete payment.

B. Defendant 1 Nos. 1 and the L/C Busan Bank are presented.