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(영문) 대법원 2020.05.14 2018다274960
신용장대금예치금반환청구등의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1, 4, and 5, the Plaintiff asserts to the effect that ① one of the three original copies of the instant bill of lading received by the Defendant is not signed, and that the issuer is not written, and thus does not comply with the terms and conditions of the instant letter of credit. ② Although the contents of the instant commercial invoice do not coincide with the terms and conditions of the instant letter of credit, the Defendant erred in paying the L/C price, and ③ the Defendant who paid the L/C price

However, since the above assertion was first asserted in the final appeal, it cannot be a legitimate ground of appeal.

2. As to the ground of appeal No. 2, the lower court determined that the Defendant could not refuse payment of the price of the credit of this case on the ground that the bill of lading of this case was not written by the carrier, on the ground that it was not written by the carrier.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the UCP, contrary to what is alleged in the grounds of appeal.

3. As to the ground of appeal No. 3, the lower court, on the grounds indicated in its reasoning, determined that it is difficult to view the content of the quality inspection certificate submitted by the Defendant prior to shipment as inconsistent with the terms

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the terms and conditions of the credit, contrary to what is alleged in the grounds of appeal.

4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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