독립보증에서 법원의 지급금지명령

• 영문명: Court’s Injunction Decision Relative to Independent Guarantee
• 발행기관: 한국무역연구원
• 저자명: 박세운(SaeWoon Park) 이선혜(SunHae Lee)
• 간행물 정보: 『무역연구』제12권 제1호, 251~267쪽, 전체 17쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2016.02.29

영문 초록

The law of independent guarantee fashions a rule that the guarantee is independent of theunderlying transaction. The independence principle admits an important exception if the beneficiaryof independent guarantee demands payment when he has no colorable right to payment.The issue of fraud arises if a defense against payment is made which is founded on groundsderived from the underlying transaction. In the majority of fraud cases, the applicant raises thedefense during court proceedings in which he applies for an injunction against the guaranteebank restraining it from effecting payment.Although courts have developed a number of limits to the exception, some courts, unawareperhaps of the danger they pose on the commercial efficacy of these independent guarantees,sometimes engage in wide-ranging fraud. The recent case in the Korean Supreme Court(2014Da53700 decided August 26, 2014) did not grant an injunction. The guarantee bank cannever be liable to the applicant in case of alleged fraud. If presented with plausible evidenceof fraud, the guarantee bank is willing to postpone payment and assist in attempts to resolvemisunderstandings.

목차

Abstract

I. 서론

Ⅱ. 지급금지명령의 의의

Ⅲ. ICC 통일규칙 및 각국의 법률 비교

Ⅳ. 우리나라 대법원의 판례 분석

Ⅴ. 결론

References

키워드

Fraud Rule Independence Principle Independent Guarantee Injunction