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(영문) 서울중앙지방법원 2016.10.27 2014가합595268
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties and the structure of the instant transaction 1) The Plaintiff is a company aimed at port transportation business, trade business, etc., and the Defendants (the Defendants individually referred to, “stock company” is omitted from the Defendants’ name.

(2) In importing scrap metal (hereinafter “instant scrap metal”) from 13 companies, including Japanese Company F, etc. (hereinafter “instant scrap metal”), the Plaintiff requested the Plaintiff to import the scrap metal from Japanese scrap metal and sell it again to B, etc., for the purpose of manufacturing and selling steel products.

However, since both the Plaintiff and B, etc. are domestic corporations, it is impossible to conduct a transaction by credit, the Plaintiff included the Plaintiff’s GCO. LTPP (hereinafter “G”) in the transaction, and agreed that G would transfer the credit to the Plaintiff, and the Plaintiff would import the said scrap metal from the Japanese scrap metal and supply it to B, etc., if the credit was issued by B, etc. as the beneficiary of G upon entering into a purchase contract with G.

B. The first L/C issuance and transfer 1) B et al. submitted a purchase contract with G to the domestic bank, and the seller’s request for the issuance of a L/C for the payment of the purchase price to G, and the said domestic bank may not cancelable letter of credit with G (hereinafter “first L/C”) with the beneficiary.

(2) Then G transferred the first L/C to the Plaintiff, and the Plaintiff became the beneficiary of the first L/C.

C. 1 Plaintiff entered into a sales contract for the instant scrap metal with a Japanese scrap metal and made the beneficiary to his domestic bank as Japanese scrap metal.

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