Legal Opinion

Nissho Iwai Europe PLC v. Korea First Bank

New York Court of Appeals

Decided November 19, 2002PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

We are asked in this dispute to determine whether the renewal of a revolving standby letter of credit is implicitly contingent on the repayment of funds previously disbursed by the issuing bank.

In September 1994, plaintiff Nissho Iwai Europe PLC agreed to loan $150 million to Daewoo Hong Kong Ltd. in separate installments of $125 million and $25 million. Daewoo was required to pay interest for three years after the first disbursement, to be followed by repayment of principal and accumulated interest in 15 equal quarterly installments of approximately $10.7…

2Cases cited14 opinions

  1. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  2. Reiss v. Financial Performance Corp.New York Court of Appeals · 2001
  3. Federal Deposit Insurance v. Philadelphia Gear Corp.Supreme Court of the United States · 1986
  4. Brenntag International Chemicals, Inc. v. Bank of India, Defendant-Cross-Claimant-Appellant, Norddeutsche Landesbank GzCourt of Appeals for the Second Circuit · 1999
  5. Maurice O'Meara Co. v. National Park BankNew York Court of Appeals · 1925

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3Cited by37 opinions

  1. Brad H. v. City of New YorkNew York Court of Appeals · 2011
  2. Facilities, Inc. v. Rogers-Usry Chevrolet, Inc.Mississippi Supreme Court · 2005
  3. Stolt-Nielsen SA v. Animalfeeds International Corp.District Court, S.D. New York · 2006
  4. Banco Nacional De México, S.A. v. Societe GeneraleAppellate Division of the Supreme Court of the State of New York · 2006
  5. BasicNet S.P.A. v. CFP Services Ltd.Appellate Division of the Supreme Court of the State of New York · 2015

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