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(영문) 서울고등법원 2014.12.23 2014나44538
이행보증금
Text

1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a company that produces automobile parts, etc. in Eul, and is a company that manufactures and sells ship equipment, natural gas storage containers, etc. in Korea.

B. On December 31, 2007, the Plaintiff entered into a contract on the import of 5,000 p.m. CNG bags (hereinafter “p.p.p. c. c. c. c. c. c. c. c. c. c. c. c. c.,” and on March 12, 2008, P.P. Bank established a L/C for the payment of the import contract of this case with the beneficiary of this case.

- Goods: Type 1 CNGV installation, fluor (plate type), capacity 70 liters - Price: oil 1,075,000 oil oil (hereinafter referred to as “oil”) - Terms and conditions of shipment: F.O.B. Busan.

C. On March 18, 2008, the Defendant opened a performance guarantee of 107,50 U.S. (hereinafter “instant performance guarantee”) with the beneficiary as the Plaintiff on March 18, 2008 at the request of this case (hereinafter “instant performance guarantee”). The content of the instant performance guarantee is as follows, and the Uniform Rule on the independent guarantee guarantee of an international commercial conference, which was in force at the time, (ICC Pubic Rule No. 458, 458, 198, hereinafter “Rules on the Unification of Claims”) applies.

At the request of the United Nations case, the Defendant promises to pay the claimed amount within the limit not exceeding 107,500 pages upon receipt of the Plaintiff’s written confirmation stating that the Plaintiff’s first written claim and the case did not comply with the import contract of this case and that the non-performance took place in any respect.

Aimcing, Do, Seoul Ex., Korea Ex., Ltd., herherhereby, herstvocly, to take, yuu rums, etc.

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