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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The pertinent Plaintiff is a company engaged in the export and import of textile products, such as yarns and yarns, and wholesale and retail business. The Defendant is a Singapore nationality company that engages in marine transportation services.
B. On March 14, 2011, the Plaintiff entered into an import and export contract and opened a letter of credit 1) to supply originals on the date of Yuchia Co., Ltd., the Plaintiff: (a) on March 14, 2011, EXE LTD (Guja Amabuja Ex.; hereinafter referred to as “former LTD”);
(B) via B, a commercial agent in Korea, the Plaintiff shall be entitled to import from the Guiart five of CM20/1 container and three of CM30/1 container container (hereinafter “instant export and import contract”).
(2) The Plaintiff concluded the instant export and import contract. (2) On April 30, 201, the Plaintiff requested, at the request of the U.S. U.S. Lone Star, to purchase the prime contractor, to load the prime contractor by April 30, 201. On the other hand, in relation to the instant export and import contract, the Plaintiff requested a Korean bank (hereinafter “National Bank”) that is a bank, a creditor bank, to open an import letter of credit set forth on April 30, 201.
3) Accordingly, a national bank issued a letter of credit with the intent to settle a bill of exchange issued by the former Company on the condition that the bill of lading, in which the original company stated that it was shipped by April 30, 201, was attached, and the fact that the credit was issued was notified to the former Company. (C) The former Company entered into a marine transportation contract and issued a bill of lading; (d) the Defendant’s Indian LVT LT LT LD (INDD; hereinafter “AL LTD”); and (e) the Plaintiff entered into a marine transportation contract with the Defendant’s delivery branch, and exported the original intent under the marine export and import contract to the Plaintiff. In particular, the Plaintiff requested the former Company to urge shipment through B through B; and (e) on April 20, 2011, the Plaintiff requested the Plaintiff to not load any remaining amount until that date.