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1. The defendant shall pay to the plaintiff USD 320,00 in U.S. dollars and interest thereon from November 28, 2017 to the day of complete payment.
Reasons
1. The following facts are recognized in light of the purport of Gap evidence Nos. 1 to 4 and 5-1 to 5-5 and the whole arguments:
A. On August 10, 2016, the Plaintiff entered into a contract for the supply of goods with the Defendant with the following content.
Buyer: The goods subject to the sale of the Plaintiff: USD 80,000 (hereinafter referred to as “$320,000) in the United States of America - Price condition: The terms and conditions of delivery on the basis of the port in China (FOBCHA): the issuance of a credit
B. On August 10, 2016, according to the instant contract, the Defendant: (a) requested the issuance of the letter of credit with respect to the instant goods supply contract to the EURO EXMK LTD (hereinafter “instant bank”) located in the United Kingdom; and (b) decided to substitute the payment for the said goods.
The applicant: The applicant: the currency and amount of the Plaintiff’s credit: USD 32,000: the due date of the bill of exchange available for purchase by all banks located in China: the issuer and payer of the bill of exchange: The issuer and payer of the bill of exchange in the instant case after sight: the specifications of the goods: the goods under the A’s certificate.
C. The plaintiff is the above A.
Under the contract for the supply of goods described in the port, the Defendant divided the clothing 80,000 sets from the port of China to the Incheon port four times and delivered all of them.
In addition, as described below, the Plaintiff requested a Chinese bank (NKOF CHA) to negotiate each credit issued at the Defendant’s request, but the negotiation was refused, and even after maturity, the instant bank did not pay the credit amount to the Plaintiff.
The price for the goods on the date of delivery (the price for the letter of credit) the date of application for the purchase of the credit (90 days after the date of application for purchase) shall be October 24, 2016, USD 64,000 at 64,00 on November 3, 2016, and USD 72,000 on October 31, 2017; USD 72,000 on October 31, 2017; USD 72,000 on November 31, 2016; November 4, 2016; and USD 8,516 on February 34, 2064 on November 18, 2016.