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(영문) 대구지방법원서부지원 2019.01.24 2018가합50974
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 675,297,00 and the interest rate of KRW 15% per annum from July 3, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The status of the parties is a company with the objective of the joint gold metal, mineral, and non-ferrous iron wholesale and retail business, and the defendant is a financial institution with the purpose of banking business as prescribed by the Banking Act.

B. On July 24, 2017, upon the Plaintiff’s request, the company Co., Ltd. (hereinafter “C”) engaged in a trade agency business for the conclusion of import contract entered into a contract with D Limited Liability Company (hereinafter “D Limited Liability Company”) which entered into an import contract with the amount of USD 500 to US$ 490,000.

On July 27, 2017, the Plaintiff entered into a contract with C to import actual containers from USD 525,00 and pay the price in the letter of credit (hereinafter “instant import contract”) with the beneficiary of the D Limited Construction as the beneficiary.

C. On July 31, 2017, the Plaintiff filed an application with the Defendant for the issuance of the credit in order to pay the import price to DLLC in accordance with the import contract of this case. On the same day, the Defendant’s issuance of the credit as follows (hereinafter “the credit of this case”) with the effect that D LLC is the beneficiary:

(2) On September 20, 2017, the Plaintiff’s L/C applicant: (a) the effective date of the Plaintiff’s L/C: USD 525,00: the due date of the Plaintiff’s L/C: the port of loading on September 20, 2017: BUSN JIN, CHINA port of loading on September 5, 2017: the product description: the page 500 tons: the instant L/C was modified on August 30, 2017 by the Plaintiff’s request; (b) the imported goods were purb, the L/C applicant’s L/C amount of USD 630,000 (hereinafter referred to as “the instant L/C amount”); (c) the effective date of the final shipment was changed to the date of the final shipment on September 25, 2017; and (d) the date of the final shipment was changed to the date of the shipment on September 25, 2017.

1) On September 29, 2017, the Defendant issued a purchase bank with limited liability (hereinafter referred to as “D”) with limited liability.

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