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一、案情简介 1995年初,某外贸公司与上海某服装厂签订代理出口服装协议,协议主要内容为:该服装厂香港客商从香港开信用证至外贸公司,外贸公司凭信用证到银行打包贷款、贷款金额全部预付服装厂作生产资金,待货物出运后外汇款至外贸公司,外贸公司将余额付清工厂。开始两笔业务三方合作非常顺利,并由此产生了信任。随后外商接二连三开来价值约有100多万美元的信用证至外贸公司,外贸公司凭自身的银行信誉在当地各银行打包贷款后一笔笔付至服
I. Brief introduction of the case In early 1995, a foreign trade company signed an agent export garment agreement with a clothing factory in Shanghai. The main contents of the agreement were as follows: Hong Kong merchants from the garment factory opened a letter of credit from Hong Kong to a foreign trade company, and a foreign trade company deposited a loan with a letter of credit to the bank. All the loan amount is prepaid to the garment factory for production funds. After the goods are shipped, the foreign exchange funds will go to the foreign trade company, and the foreign trade company will pay the balance to the factory. The trilateral cooperation between the two businesses started very smoothly, and this led to trust. Afterwards, the foreign merchants successively issued letters of credit worth more than US$1 million to foreign trade companies. The foreign trade companies used their bank’s creditworthiness to make loans after being packaged by local banks.