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1. The Plaintiff:
A. Defendant A Co., Ltd. and B jointly and severally constituted USD 53,122.33 and USD 20,348 among them.
Reasons
1. Facts of recognition;
A. On November 22, 2013, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with respect to the issuance of the credit, whereby the credit limit amount is US$ 200,000. Defendant B guaranteed the Defendant A’s obligation to lend to the Plaintiff according to the said credit transaction agreement.
B. Defendant A requested the Plaintiff to issue the letter of credit for the import of the cargo stated in the separate sheet (hereinafter “instant cargo”). Accordingly, on March 12, 2015, the Plaintiff issued the letter of credit for 20,348 US dollars and 32,774.33 US dollars on September 15, 2015.
C. Defendant C (hereinafter “Defendant C”), as a carrier of the instant cargo, issued each bill of lading (No. 3-1-5) regarding the instant cargo with the Plaintiff as the consignee, and accordingly, the Plaintiff possessed each of the instant bills of lading.
Defendant D is the representative director of Defendant C, and Defendant C delivered the instant cargo to Defendant A without the delivery of each of the instant bills of lading after the instant cargo arrived at the port of Busan.
E. As the issuing bank of the instant L/C, the Plaintiff paid each of the L/C bills of USD 53,12.33, 2015, i.e., USD 20,348 on October 12, 2015, and USD 32,774.33 on January 21, 2016.
F. The Plaintiff is holding each of the instant bills of lading at the time of the closing of the argument.
[Grounds for Recognition: Each entry of evidence No. 1-2, No. 7-2, and the purport of the whole pleadings]
2. According to the facts of the recognition of the claim against Defendant A and B, Defendant A is the principal debtor of the instant credit transaction agreement, and Defendant B is jointly and severally a joint and several surety with respect to USD 53,122.33 as a loan to the Plaintiff and USD 20,348 as an alternative payment date, USD 32,74.33 as of October 12, 2015.