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1997年4月19日应某进出口公司(以下简称 A 公司)要求甲银行开出了一份进口2000吨基础油,总金额为634.000美元的延期付款的不可撤销信用证。5月初甲银行收到境外银行寄来的单据,经审核未发现不符点,于是向境外承兑,承兑于1997年7月24日付款。在承兑付款日到期之前,开证行接到议付行的加押电报,告知受益人同意开证人的耍求,将付款日推迟一个月(即8月25日),延期付款利息由开证申请人承担;8月初开证行再次接到议付行电告将付款日推延至9月24日。甲银行在最后付款日到来之的多次要求 A 公司补足扣除保证后余下的货款及延期付款的利息划入,以便银行对外支付。但A公司以种种借口拒不将所欠款项划入。甲银行因已对外做了承兑,为了保证银行的对外信誉,不得不于10月8日将652.332.66万美元(含延期两个多月的利息)付境外议付银行。此笔款项后经甲银行多方努力,悉数收回。
On April 19, 1997, an import and export company (hereinafter referred to as Company A) requested Bank A to issue an irrevocable letter of credit for the deferred payment of 2,000 tons of base oil, with a total amount of US$634.000. In early May, Bank A received the documents sent by overseas banks. After verification, it found no discrepancies. It then accepted them overseas and accepted the payment on July 24, 1997. Before the date of the acceptance of payment, the issuing bank receives a telegram from the negotiating bank, informs the beneficiary that it agrees with the issuer’s demand, postpones the payment date by one month (ie August 25), and the interest on the deferred payment is The applicant borne the burden; In early August, the issuing bank received a telegram from the negotiating bank again to postpone the payment date to September 24. A bank on the final payment date has repeatedly requested company A to make up for the deducted guarantees and re-deposit the remaining payment and deferred payment interest, so that the bank can pay externally. However, Company A refused to transfer the money owed under various excuses. Because Bank A has already accepted the foreign investment, in order to guarantee the bank’s external creditworthiness, it was forced to negotiate with overseas banks on October 8th to pay US$65,32,326.6 thousands (including interest for more than two months after deferment) to overseas banks. After this amount of money by a bank of multiple efforts, all recovered.