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자료유형
학술저널
저자정보
저널정보
동아대학교 법학연구소 동아법학 東亞法學 第37號
발행연도
2005.12
수록면
379 - 400 (22page)

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According to the uniform custom and practice for documentary credits(1993 revision) article 42a, all credit must stipulate an expiry date and place for presentation of documents for payment, acceptance, or with the exception of freely negotiable credits, a place for presentation of documents for negotiation. an expiry date stipulated for payment, accptance or negotiation will be construed to express an expiry date for presentation of documents. and article 43a, in addition stipulating an expiry date for presentation of documents, every credit which calls for a transport document(s) should also stipulate a specified period of time after the date of shipment during which presentation must be made in complince with the terms and conditions of the credit, if nosuch period of time is stipulated, banks will not accept documents presented to them later than 21 days after the date of shipment. in any event, documents must be presented not later than the expiry date of the credit.
Up each the uniform customs and practice for documentary credits, regarding the presentation duration of terms of validity and the transportation relation document of the letter of credit for a document presentation case of the general buying letter of credit from the document presentation place which is provided in the letter of credit where that terms of validity and standard of presentation duration become the beneficiary at the buying bank with the letter of credit as regarding the duration when it presents that relation document, the standard point of view against the agreement yes or no with letter of credit condition of that document the beneficiary the document presentation bank which is legitimate the letter of credit decides or becomes the point of view which presents the document at the negotiating bank.
Letter of credit unity rule (1993 revision) according to article 10 b clause i becomes the designation bank the free buying trust funeral case all bank could be presented the document, according to same article c clauses the designation bank agrees clearly and does not notify that designation bank receives the document in the beneficiary, investigation or it sent out, it does but at that bank now, is not the fact that the duty of undertaking or buying deferred payment and the exchange bill does not occur, when the rain loach seeing in like this regulation, from the beneficiary as the bank which is presented the letter of credit relation document oneself will reach and directness will buy and as the buying bank against the establishment bank there is a water service which a repayment will buy, that document of the as directness which does not buy that document a water service which Song as the document presentation bank for the beneficiary richly will buy the urgent of letter of credit loan at the establishment bank there is, case latter does the designation bank buys a collection in the case to which the namely establishment request person settle a loan to limit and, it will receive a loan urgently and the letter of credit unity rule must be applied with case and sameness of one electron which does not reveal the doctor clearly will.

목차

Ⅰ. 사건개요
Ⅱ. 판결요지
Ⅲ. 평석
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