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TITLE Supreme Court Decision 2021Da215909 Decided July 28, 2022 ¡¼Insurance Money¡½ [full Text]
Summary
Main Issues and Holdings¡½ [1] Meaning of a guarantee by a standby letter of credit Whether an obligation to make payment pursuant to a standby letter of credit is determined solely dependent on the terms and conditions of a standby letter of credit (affirmative), and in the case where the terms and conditions of a demand for payment are recorded on the standby letter of credit but do not set forth the presentation of specified documents related thereto, whether the aforementioned terms and conditions may be considered as a legality requirement for the filing of a demand for payment (negative in principle) [2] Requirements for a beneficiary¡¯s request for the guaranteed amount against the guaranteeing bank to be deemed an abuse of right in a guarantee by a standby letter of credit
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