KOOKMIN BANK v. SEXTON DIA-TOOLS INC.


33 A.D.3d 535 (2006)

823 N.Y.S.2d 378

KOOKMIN BANK, in its Own Right and as Assignee of SUN JIN DIA-TOOLS & EQUIPMENT INDUSTRIAL COMPANY LIMITED, Respondent, v. SEXTON DIA-TOOLS INC., Defendant, and WOORI AMERICA BANK, Formerly Known as HANVIT AMERICA BANK, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 26, 2006.


Woori America breached its duty as a presenting bank in failing to obtain acceptances of 11 bills of exchange directly on the bills, as contemplated by ICC Uniform Rules for Collections, URC 522 (1995 rev), to which these transactions were clearly subject. There was also uncontroverted evidence of international custom and practice with respect to such transactions, as well as UCC 3-410, which requires that acceptance be written on the draft. Kookmin failed to become a holder...

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