1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company producing automobile parts, etc. in Eul, which is related to Ethtos Group E. Ethtos Group E. This company is a company manufacturing and selling shipbuilding machinery, equipment, natural gas storage containers, etc. in Korea.

B. On December 31, 2007, the Plaintiff entered into a contract for the import of 5,000 cNG bags (hereinafter referred to as “PN”) for motor vehicle (hereinafter referred to as “the import contract of this case”) from this case, and on March 12, 2008, Parsian Bank opened the L/C for the payment of the price for 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 United Nations case. 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; 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.

Appcal of the buyer, Seoul, Ex. Korea Ex. Dok, herherhereby, herstvoc take to yu tae.