Legal Opinion

Hamilton Bank, N.A. v. Kookmin Bank

District Court, S.D. New York

Decided April 28, 1999No. 98 CIV. 2162(LAK)PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION (Second Corrected)

KAPLAN, District Judge.

Kookmin Bank (“Kookmin”), which is organized in the Republic of Korea (“Korea”), 1 presented a draft for payment under a letter of credit (the “L/C”) issued by Hamilton Bank, N.A. (“Hamilton”), a national bank with its principal office in Florida. 2 Hamilton refused to pay because a required document was missing. Hamilton, however, failed to notify Kookmin by telecommunication of the reason for its refusal as required by the Uniform Customs and Practice for Documentary Credits (1993 Revision), ICC Pub. No. 500 (the “UCP”), which…

2Cases cited33 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  3. Let W. Lee v. Bankers Trust CompanyCourt of Appeals for the Second Circuit · 1999
  4. Nodar v. GalbreathSupreme Court of Florida · 1984
  5. Marino Industries Corp., Cross-Appellee v. The Chase Manhattan Bank, N.A., Cross-AppellantCourt of Appeals for the Second Circuit · 1982

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3Cited by4 opinions

  1. Hamilton Bank, N.A. v. Kookmin BankCourt of Appeals for the Second Circuit · 2001
  2. Walker v. S.W.I.F.T. SCRLDistrict Court, N.D. Illinois · 2007
  3. Hamilton Bank, N.A. v. Kookmin BankCourt of Appeals for the Second Circuit · 2001
  4. Hamilton Bank, N.A. v. Kookmin BankCourt of Appeals for the Second Circuit · 2001

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