신용장 사기의 성립요건에 대한 재검토

Abstract

In this treatise, the following issues about the fraud rule as an exception to the independence principle of letters of credit will be examined, focussing mainly on Mid-America Tire, Inc. v. PTZ Trading Ltd. Case of the Court of Ohio: 1. the requirements for granting an injunction on payment according to the terms of the letter of credit by looking at the court cases and the rules of the UCC 2. whether UCC's fraud rule is still applicable in a fraud case where the governing law is U.S. law and there is an explicit statement in the letter of credit that it is subject to the UCP, i.e. the relationship between UCP and UCC's fraud rule.