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(영문) 대구고등법원 2020.02.07 2019나21126
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

Reasons

Basic Facts

The plaintiff is a company with the objective of joint iron, mineral, non-retailing wholesale and retail business, etc., and the defendant is a financial institution with the purpose of banking business prescribed by the Banking Act.

On July 24, 2017, C entered into a contract with D Limited Liability Company (hereinafter “D Limited Liability Company”) which is a trade agent (the representative N, hereinafter “C”) for import contract with C, at the request of the Plaintiff, on July 24, 2017, to import 500 tons from D Limited Liability Company (hereinafter “D Limited Liability Company”) to USD 490,000.

On July 27, 2017, the Plaintiff entered into a contract between C and C under which the Plaintiff shall import the pertinent paint from USD 525,000 and pay the price in the letter of credit (hereinafter “instant import contract”).

On July 31, 2017, the Plaintiff: (a) requested the Defendant to issue an irrevocable documentary credit in order to pay import proceeds to D Limited Corporation in accordance with the import agreement of this case; and (b) requested the Defendant to issue an irrevocable documentary credit.

On the same day, the defendant issued the Credit (hereinafter referred to as the "Credit") with the following terms and conditions as the beneficiary of the DLLC.

Applicable No. E: The due date of the Plaintiff’s credit: US$ 525,00: the due date of the Plaintiff’s credit: the port of shipment on September 20, 2017: BUSN JIN, CHA unloading port: the final date of shipment on September 5, 2017: The product description: the document requesting 500 tons of the Puinininininininin in the case of the Plaintiff on August 30, 2017, the amount of the credit among the terms and conditions of the instant credit was US$ 525,00,000 from US$ 630,000, from September 20 to October 20, 2017; and the due date of shipment from September 20 to September 25, 2017 to September 25, 2017; and the Defendant changed the due date of shipment from the Puin in the Mu in the case of the Defendant on September 25, 2017 to the same date of shipment.

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