연지급 신용장의 상환청구권에 대한 영·미법원 판결의 비교분석에 관한 연구 -ucp500과 ucp600을 중심으로

• 영문명: A Comparative Analysis of English and American Sentences on the Reimbursement Request of Deferred Payment Credit : focus on ucp500 and ucp600
• 발행기관: 한국중재학회
• 저자명: 이대우 김종락
• 간행물 정보: 『중재연구』 제22권 제3호, 119~139쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2012.12.30

영문 초록

In the case of Banque Paribas V. Banco Santander in England for the reimbursement request of deferred payment credit by the nominated bank, the L/C-issuing bank refused to pay the proceeds at maturity because of a fraudulent transaction. The reason of refusal was that the nominated bank, Banco Santander, had no right of payment in deferred credit before its maturity if it made payment of proceeds without notice to the issuing bank, that is, payment not based upon a credit transaction but on its own account. However, in the case of ADIB V. Fortis Bank in America, the New York court made the decision that the deferred payment bank could not refuse to reimburse to the nominated bank, Fortis Bank, because of fraud. Its decision was based on the UCP600. We have analyzed and investigated the above two cases?one was an English court s decision and the other an American s. The English court s decision was made under UCP500, but the American court s was made under UCP600, which was revised in 2007. As a result, we can expect that from now on in deferred payment credit transactions, the power of the nominated bank will be greater than before, but the issuing bank will bear the risk of the beneficiary s fraud, so the issuing bank will be hesitant to issue deferred payment credit. Notwithstanding, we thought that the New York court decision would come into effect in the activation of deferred payment credit in practical trade transactions

목차

Ⅰ. 서론

Ⅱ. 연지급신용장에 관한 미국 뉴욕법원 판례분석(ADIB BANK V. Fortis Bank)

Ⅲ. 연지급신용장에 관한 영국상소법원의 판례분석(Bangue Pasibas V. Banco Santander)

Ⅳ. 영국 및 미국법원의 판결 비교검토

Ⅴ. 결론

참고문헌

Abstract

키워드

Deferred Payment Credit UCP500 UCP600 Fraud Defence Reimbursement Claim Issuing Bank Nominated Bank Negotiating Bank 연지급신용장 연지급확약서 UCP500 UCP600 상환청구권 매입은행 연지급은행 사기거래방위권 지급금지가처분명령