수익자의 일치하는 제시에 따른 개설은행의 의무에 관한 연구

• 영문명: A Study on the Issuing Bank's Obligations by Complying Presentation of Beneficiary
• 발행기관: 한국국제상학회
• 저자명: 김용일(Yong-il Kim) 이경화(Jing-hua Li)
• 간행물 정보: 『국제상학』國際商學 第26卷 第1號, 47~66쪽, 전체 20쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2011.03.30

영문 초록

The purpose of this paper is to examine the Issuing Bank's Obligations by Complying Presentation of Beneficiary. The contract between the issuing bank and the beneficiary is the central one in a letter of credit transaction. The main obligation in the contract is the issuing bank's promise to pay the beneficiary provided that the documents presented conform to the requirements of the credit. An issuing bank that fails to accept conforming documents or to honour a complying presentation will be in breach of its promise to the beneficiary under the credit. Even in the case where the documents do not comply with the credit, an issuing bank that does not follow the UCP procedure for examination and rejection of documents will have to treat the documents as complying, and therefore a refusal to take up the documents in these circumstances will amount to wrongful dishonour. Ultimately, the options available to a beneficiary who is faced with a bank's refusal of conforming documents under a credit will depend on what has happened to the documents and goods. If the documents are already with the bank, or if they are still in the possession of the beneficiary, ready to be handed over to the bank in exchange for payment, he should be able to claim damages based on the amount of the credit, plus consequential losses, if any. If beneficiary has credit, but for damages based on his actual losses.

목차

Abstract

Ⅰ. 서론

Ⅱ. 개설은행과 수익자간 계약의 성격

Ⅲ. 수익자의 서류제시와 개설은행의 의무

Ⅳ. 개설은행의 의무불이행에 따른 수익자의 대응

Ⅴ. 결론

참고 문헌

키워드

Complying Presentation Issuing Bank's Obligations Wrongful Dishonour