본문 바로가기 주메뉴로 바로가기
All
TITLE Supreme Court Decision 2017Da218895 Decided July 8, 2021 【Insurance Money】 [full Text]
Summary
【Main Issues and Holdings】 [1] Method of determining and interpreting the meaning of the details of a foreign statute to be applied to legal relations involving foreign elements In a case where it is impossible to verify the details of a foreign statute due to either defects in the law or absence of materials corroborating the existence thereof, the source of law to be additionally applied [2] Significance and characteristics of a first demand bank guarantee In a case involving a first demand bank guarantee, whether the guarantor examines only whether a demand for payment and attached documents submitted by the beneficiary correspond, on their face, to conditions of guarantee determined in a letter of guarantee and determines whether to make payment of the guaranteed money based thereon (affirmative in principle) [3] Requirements for being recognized as a lawful demand for payment of the guaranteed money as parties have failed to reach agreement on extension of the expiry date of a demand for extend or pay under Article 26 of the Uniform Rules for Demand Guarantees In a case involving a first demand bank guarantee to which the above rules apply, where although the expression “simple demand” is written as a requirement for filing a demand for payment of the guaranteed money, the application of Article 20 of the above rules is neither precluded nor restricted, whether the requirements for a demand for payment outlined in Article 20 of the Uniform Rules for Demand Guarantees should be satisfied (affirmative)
Prev Supreme Court Decision 2018Do144 Decided July 15, 2021 【Violation of the Copyright Act】
Next Supreme Court Decision 2018Du37700 Decided June 30, 2021 【Lawsuit for Claim for Revocation of Corrective Order, etc.】
219 Seocho-daero,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100