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Factual Summary: In June 1998, Yantai Bank received 4 irrevocable LCs in favor of Tianfu with amount of USD 290,275 from Issuing bank-- Kookmin Bank, Seoul branch (“Kookmin Bank”). The four LCs are subject to UCP500 and available with any Kookmin Bank in Philadelphia. The beneficiary—Tianfu applied for export bill advance to Yantai Bank by submitting 4 pieces of application forms. Besides, Huamei offered guarantee the above export bill advance by providing four letters of guarantee to plaintiff. Yantai Bank accepted the application for export bill purchase.

On 22 June, the plaintiff reclaimed the amount under the four LC from Kookmin Bank in Philadelphia via Bank of China, New York Branch. After receiving the stipulated documents from Tianfu, the plaintiff presented the documents to Kookmin Bank, Seoul branch.

On 3 July1998, Kookmin Bank sent a swift message to Yantai Bank, informing that it would not accept the presentation due to 4 discrepancies and demand repayment of principal and interest. On 17 September, Yantai Bank lodge a claim against Tianfu for reimbursement, but it was refused. Finally, Yantai Bank reimbursed part of the amount and paid USD 51,880 to Kookmin Bank in advance. Then, Yantai Bank claimed against Tianfu for reimbursement of USD 57,197.30 and required Huamei to assume the responsibility for the guarantee.

Tianfu argued that export bill advance is a business practice whereby banks provide financing for exporters against the export bills presented thereby, which means purchasing bill. Therefore Yantai Bank has no right of recourse. Once the plaintiff purchased the drafts and documents presented by beneficiary according to terms of LC, it obtains the ownership of goods. Tianfu should not assume responsibility for the discrepancies caused by the plaintiff’s negligence.

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