인수신용장에서 확인 은행의 상환청구권에 관한 사례연구

The Study of Confirming Bank's Reimbursement Claim in Acceptance L/C Transaction(Credit Lyonnais Bank v. Canara Bank)

In the case of Credit, Lyonnais bank v Canara bank, the Supreme Court of Paris in France sentenced the following "In acceptance credits the confirming bank accepted the drafts drawn by beneficiary and if fraud were established prior to maturity, the issuing bank was not obliged to reimburse the confirming bank." In the case in question, the court decided that a confirming bank only performs credit available by acceptance when that bank actually pays the draft, it had previously paid the draft. In this case, Credit Lyonnais had only accepted the drafts but not made payment thereunder at time when fraud was established, it could not be considered as having performed its undertaking under credit. So the court denied its entitlement to reimbursement to the issuing bank. In this thesis I investigated this case and studied some issues arising from this judgement and tried to search the way of protecting nominating bank's reimbursement claim from issuing bank's fraud defence.