국제무역거래에서 사용되는 독립보증계약 체결시 당사자의 유의사항에 관한 연구

A Study on Matters to be Attended to by the Parties at the Conclusion of an Independent Guarantee Contract Used in International Trade

Regarding payment terms used in international trade, the ratio of the remittance method has been steadily increasing even though letters of credit were mainly used in former days. Remittance method is based on the other party's credit so there is always a possibility in failure to collect payments since international trade is different from domestic trade and it is easier to breach a contract by the other party's act or omission. Furthermore, there is also non-performance risk in international trade too. As a tool to supplement this risk, independent guarantees in international trade have been widely used around the world and it might be in greater use in the future. However, concerning independent guarantees, the dispute as a suit has continued. An independent guarantee is a valid legal contract where each implied content is given very important status. This paper deals with the matters to be attended to by the parties at the conclusion of an independent guarantee contract used in international trade.