[국제무역결제] 연지급신용장 거래당사자간의 법률관계에 관한 연구

Legeal Aspect of All Parties of the Transaction Arising under Deferred Payment Letter of Credit

Attempts have from time to time made to standardize the conditions on which bankers are prepared to issue and to act on commercial credits. The International Chamber of Commerce formulated the Uniform Customs and Practice for Commercial Documentary Credits in 1933. The Uniform Customs and Practice for Commercial Documentary Credits have since been revised in 1951, 1962, 1974, 1983, 1993. The Uniform Customs and Practice for Commercial Documentary Credits, 1993 Revision lCC Publication No 500, shall apply to all documentary credits now. They are a body of rules of behaviour binding on those banks and applicants who have adopted them. The Franch Supreme Court and the Korean Supreme Court have sentenced the right and obligation of parties of a deferred payment letter of credit by the Uniform Customs and Practice for Commercial Documentary Credits very differently. The major purposes of this dissertation are to analyze that the Franch Supreme Court and the Korean Supreme Court applied the Uniform Customs and Practice for Commercial Documentary Credits very differently and to examine the implications which the deferred payment letter of credit gives in the trade practice. The major fmdings of this dissertation are as follows; i) The buyer must nominate the reliable carrier to prevent the transport documents from falsification. ii) If the exporter requires cash before the deferred payment credit, as he can only obtain it by negotiation the letter of credit, the deferred payment banks must examine the capacity of the exporter and require the warranty. iii) If the credit shall not bear the deferred payment accurately, the deferred payment banks must supply the beneficiary with the value of document after the issuing bank paid on the maturity date determinate in accordance with the stipulations of credit. iv) The negotiation of documents of non-nominated bank does not constitute a negotiation. v) A confmning, deferred payment banks must evaluate the risk that they pay before the deferred payment credit mature because they do not have recurse. vi) The liability of a confmning bank and deferred payment bank are separate from a deferred payment undertaking of the issuing bank. vii) The nominated banks in the deferred payment letter of credit can constitute a negotiation. viii) The applicant must state completely and accurately a form of application requesting the bank to issue a deferred payment letter of credit in favour of the exporter.