신용장대금청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs are the freezing fishery products export companies whose head office is located in China.
The Plaintiffs concluded a contract (hereinafter “instant export contract”) with B, an importer, and the Plaintiffs (hereinafter “B”) for the export of freezing machines (hereinafter “instant freezing machines”) with the Plaintiff as an import agent by designating the Intervenor joining the Defendant, a Korean corporation, as an import agent.
B. The Defendant’s assistant intervenor requested the Defendant to issue a letter of credit for the import of the freezing vessel of this case, and the Defendant issued each of the following letters of credit with the Plaintiffs as beneficiaries:
(1) On March 10, 2015, the amount of the credit stated in Nos. 1 and 2 (hereinafter referred to as "No. 1 credit") Nos. 399,074.00 on March 23, 2015, the amount of the credit No. 399,000 on March 23, 2015, the amount of the credit No. 3999,569.40 on May 69, 2095
C. The plaintiffs presented the letter of credit in each of the instant cases to the Bank of Maritime Affairs and Fisheries of China along with shipping documents, including bills of lading, under the name of E Co., Ltd. (hereinafter “E”), and the Bank of Maritime Affairs and Fisheries of this case presented the letter of credit accompanied by shipping documents, such as bills of lading, to the defendant as follows.
A bill of lading attached to each of the instant letters of credit (hereinafter “each of the instant bills of lading”) is as follows.
No. CF GH I J L L L L n
E. As to this, the Defendant refused payment of each of the instant L/C when notifying that the bill of lading attached to the 1 L/C contains omission of the facsimile number of the shipper, and that the bill of lading attached to the 2 L/C contains omission of the facsimile number of the shipper and the serial number of the bill of lading issued as of April 10, 2015.
[Reasons for Recognition] Facts without dispute, Eul or evidence of Nos. 1 to 4 respectively.