To receive money under the bank guarantee the customer must not justify the losses incurred
The customer terminated the contract unilaterally and sent a request for payment of funds under the Bank guarantee. He attached to the request a calculation of the amount to be paid and copies of the following documents:
power of attorney to sign claims;
act on identification of goods of inadequate quality;
letters of receipt by the supplier of the act and return of goods;
bank guarantee.
According to the Bank, the customer did not justify the losses and did not prove that they are related to the breach of contract by the supplier. The customer was refused payment.
The court sided with the customer. To receive payment under the Bank guarantee, the customer should only send a request to the Bank indicating that the contract is violated, and the documents provided for by the guarantee. The Bank must transfer the funds without going into the substance of the violation.
Document: resolution of the AC of the North Caucasus district of 02.10.2019 on the case N A25-1889/2018