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(영문) 서울중앙지방법원 2020.02.05 2019가합523213
신용장대금 청구의 소
Text

1. The Defendant’s 853,968 US dollars and 4.35% per annum from March 30, 2019 to February 5, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the sales business of synthetic resin, and the Defendant is a Chinese corporation that provides deposits, loans, acceptance and discount of bills, L/C services and security.

B. On December 13, 2018, the Plaintiff between the Intervenor joining the Defendant (English name: D) and the Defendant’s Intervenor (hereinafter “Defendant”), refers to the products that cause minor spectrums due to the occurrence of a long-term inventory, production process, and actual water in custody between the Plaintiff and the Defendant’s Intervenor, and distribute them to the market without being regularly sold by the producer.

204.80 tons were exported to USD 1,80 per ton (hereinafter “$368,640), total amount of USD 1,800 per ton (hereinafter “$368,640), ② contracts entered into between USD 1,800 per ton, total of USD 368,640, ③ export of USD 97.24 to USD 1,200 per ton, total of USD 116,6888, respectively.

(hereinafter referred to as "the next export contract" and "each export contract of this case" in total. (c)

The Defendant requested the Defendant to issue the letter of credit for each export contract of this case, and the Defendant, with the Plaintiff’s beneficiary, issued each of the following non-dispactable letter of credit (hereinafter referred to as “the next letter of credit”), and the Defendant notified the Defendant through E (hereinafter referred to as “E”) of the issuance of the letter of credit:

Terms and Conditions of Payment of the Credit Number No. 1 ($168,640) on December 21, 2018 368,640 from the date of the issuance of F B/L on December 21, 2018 368,640 days from the date of issuance of G B/L on December 21, 2018 368,640 30 days from the date of issuance of H B/L on December 21, 2018 116,68 total 853,968

D. On December 29, 2018, the Plaintiff loaded goods according to each export contract of this case, and the said goods arrive at the NAS on January 3, 2019, and was delivered to the Defendant joining the Defendant on January 12, 2019.

E. E. The third credit from the Plaintiff on December 28, 2018, and December 31, 2018.

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