신용장거래에서 상환은행의 법률적 지위에 관한 연구

Legal Position of Reimbursing Bank

The purpose of this study is analyze application of the bank-to-bank reimbursement in the documentary credit transactions. Bank-to-bank reimbursement transaction may be ruled under URR725 and UCP600 article 13. A bank which pays out money at the instruction of another bank is entitled to claim reimbursement. Even in a simple money transfer, the issuer of the instruction is under a duty to reimburse the bank instructed by him. When the bank which is instructed to make payment carries out its instruction, a reimbursement right accrues to it. Issues respecting reimbursement through a third party bank arise regularly in letter of credit transactions, for instance, where a negotiating bank is requested to reimburse itself by drawing on the issuing bank's account with the reimbursing bank. But the type of arrangement discussed is not confined to letter of credit transactions. A claiming bank may be authorized to draw on a reimbursing bank in respect of financing packages, such as substantial deals respecting goods, equities or securities. Thought this study, it makes possible for concerned parties of documentary credits to establish desirable practices in international payment system in relation to bank-to-bank reimbursement.