지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Recently standby letters of credit are using as surety devices in various global business transactions. The purpose of this article is to suggest the countermeasures of problems relating to the performance to pay by the issuing bank in standby letters of credit transactions. For this purpose, the author examined the nature and characteristic of the performance to pay by the issuing bank. From the result of the analysis, two major problems are become clear, one is that there is high possibility of improper demand by the beneficiary and the other is that the issuing bank bears too much risk. The countermeasures of these problems are as follows. Firstly, for preventing improper demand, it needs to insert special condition such as notice of demand clause in the standby letters of credit and to strengthen the document requirements to present default statement made by someone other than beneficiary. Secondly, if the demand turns out improper, the issuing bank could refuse to pay by its own decision or by the court's injunction. Thirdly, to guarantee reimbursement from the applicant, the issuing bank may request to pay the credit amount in advance. Finally, to diversify the risk of the issuing bank, the issuing bank may sell participations to another bank. And using back-up credits and multibank credits could reduce the risk of which the issuing bank bears.
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