Article

Factual Summary:

China Construction Bank Corporation Limited by Shares Harbin Development Zone Branch (the Bank) entered into a contract with Heihe Jiacheng Trade Limited (Jiacheng), in accordance with which the Bank is to issue an LC at the application of Jiacheng to a beneficiary. Jiacheng consented to provide cash collateral for the issuance of the LC, which is detainable, and to pay a high penalty interest where it fails to reimburse the Bank. At the application of Jiacheng, the Bank issued an LC to the beneficiary, a Qing’an Disheng Mining Ltd. (Disheng), who then presented the documents under the LC to the Bank for negotiation. The Bank negotiated the documents and released money to Disheng. Apart from the above, the Bank, Jiacheng and Disheng entered into a three-party agreement, which provided that the bank has the right to seek recourse from either Jiacheng or Disheng should it not get reimbursement. When Jiacheng failed in fully reimbursing the Bank, the Bank, after detaining the cash collateral, sought further remedies in the Intermediate Court.

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