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학술저널

중소무역기업의 신용장방식에 의한 대금결제상의 문제점과 해결방안

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The purpose of this paper is to analyze the case of a Korean small and medium-sized trading company which could not get paid by the issuing bank and to suggest the problems and implications for this case so that other small and medium sized companies can cope with any kind of credit dispute. The issuing bank refused to honour the draft claiming that there were discrepancies in the documents such as bill of lading, country of origin and that the beneficiary did not present the right document stipulated in Article 46A.7 in the credit. According to UCP 600, the discrepancies in the bill of lading and country of origin that the issuing bank claimed can not be accepted. But, as for the document concerning ‘Swift Amendment’, there might be room for trade dispute if the buyer does not agree to prepare the right document containing this statement “the final products have met all specifications and conditions as required in the credit” as the seller can not prepare the document if the buyer does not provide the seller with it. In order for small and medium-sized trading companies to avoid these credit disputes, such companies need to hire trade experts, let the current employee attend various trade-related educational programs provided by the Korea Foreign Trade Association, or develop some cooperative programs with universities in Korea.

Ⅰ. 서론

Ⅱ. 중소수출기업의 신용장 분쟁사건 개요

Ⅲ. 서류심사 관련 대금지급 거절에 대한 발행은행의 주장

Ⅳ. 중소수출기업 신용장 분쟁 사례의 평가 및 주의사항

Ⅴ. 요약 및 결론

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