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| TITLE | Supreme Court Decision 2017Da235036 Decided November 17, 2022 【Money Collected】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Where a credit was issued to pay the price of goods before a provisional seizure or seizure of a claim on the price of goods, which is an underlying claim, becomes effective, even if the payment of the credit is made after a provisional seizure, etc. becomes effective, whether an importer may oppose a provisional seizure obligee, etc., arguing that a claim on the price of goods was extinguished by the payment (affirmative) [2] Even where the beneficiary, etc. entered in a credit, who presented the necessary documents stated in the credit, presents documents again by supplementing matters that are out of line with the conditions of the credit as notified by the issuing bank, etc., whether such documents should be presented not later than the expiry date of the credit (affirmative) [3] Where a credit was issued to pay the price of goods before a provisional seizure, etc. of a claim on the price of goods, which is an underlying claim, becomes effective, but the expiry date of the credit has elapsed without presenting the necessary documents, whether an importer may oppose a provisional seizure obligee, etc. on the grounds that the price of goods was paid in accordance with the payment plan of the credit to the beneficiary through the issuing bank (negative) | |
