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TITLE [Price of a Letter of Credit]Supreme Court Decision 2007Da74683 Decided September 11, 2008 [full Text]
Summary
[1] The validity of the undocumented, specific condition(s) supplemented to a letter of credit (L/C) (affirmative with qualification) [2] Whether the method of accepting the bill of exchange, which was made between the L/C issuing bank and the L/C negotiating bank, which are all Korean corporations, can be governed by the Bills of Exchange and Promissory Notes Act of the Republic of Korea (affirmative) [3] In a case where a drawee has notified his acceptance to a holder without stating the word of acceptance and putting his name and seal on the bill of exchange, whether the drawee is liable for such bill of exchange according to Article 29 (2) of the Bills of Exchange and Promissory Notes Act (negative) [4] Whether the L/C issuing bank has a duty to return the document presented, in a case where the L/C purchasing bank presented the L/C document and the bill of exchange to the L/C issuing bank, but its obligation to make payment for the L/C price did not arise for some reasons, including the non-fulfillment of a specific condition supplemented to the L/C was confirmed (affirmative) [5] The purpose of Article 14 (e) of the Uniform Customs and Practice for Documentary Credits (UCPDC 500), stipulating that in a case where the issuing bank decides to refuse the document on for any discrepancy, the issuing bank shall be precluded from claiming that the documents are not in compliance with the L/C conditions, if the issuing bank fails to notify the presenter without delay about such discrepancy and return the document
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