수출사기채권과 무역보험연구의 성립여부에 관한 연구

Abstract

There has been a gradual increase in the number of exporting trades spoiled by the fraud recently. It may happen that the documents which are tendered to the banks under a exporting contract of goods are forged, altered or fraudulent. They may be forged or untrue in relation to the goods to which they refer, however on their face they appear to be correct and good tender under the documentary credit, the collection instruction or the sale’s contract. If the documents presented by the exporter are forged or fraudulent, the negotiating bank is entitled to refuse payment or acceptance if it finds out before payment or acceptance and is entitled to recover the money as paid under a mistake of fact if it finds out after payment. Banks will act in good faith and exercise reasonable care of the documents received. Banks must determine that the documents received appear to be as listed in the exporter’s instruction and must advise by telecommunication or, if that is not possible, by other expeditious means, without delay, the party whom the instruction was received of any documents found to be other than listed. Banks will present documents as received without further examination and have no further obligation in this respect. Banks assume no liability or responsibility for the form, sufficiency, accuracy, genuineness or falsification of any documents, or … for the good faith or acts or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignees or the insurers of the goods, or any other person.