국제거래에서 수출환어음 매입의 법률관계 및 수출환어음 부도 시 매입은행의 권리에 대한 법적 연구
A Legal Study on the Legal Relations of the Parties in Negotiating Bill of Exchange and a Negotiating Bank's Remedies in the Event of Dishonour of a Bill of Exchange in International Business Transactions
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Account receivable itself is not a negotiable instrument in international transactions even if it may be legally transferred. However, a ‘bill of exchange’ in international trade, aka, ‘draft’, is a negotiable instrument that can be easily sold and transferred to be converted into cash by an exporter prior to payment date. It is vital for an exporter to turn over his account receivables as quickly as possible in order to make use of the money. Therefore an exporter draws a bill of exchange and negotiate it with a set of transport documents. A bill of exchange is normally negotiated to a bank with a set of transport documents, and an exporter receives cash from a negotiating bank before maturity. As a negotiating bank can suffer losses when a drawee(normally an importer or an issuing bank) dishonors a bill of exchange by non-acceptance or non-payment, a negotiating bank negotiates a bill of exchange within the credit line available for an exporter. As a negotiating bank can recover the losses suffered in the event of dishonour of bill of exchange under short-term export insurance(general) or export credit guarantee(post-shipment), an exporter can enhance the negotiability of a bill of exchange by purchasing export insurance or export credit guarantee(post-shipment). A negotiating bank may mitigate the risk of dishonour of a bill of exchange by an issuing bank through reasonable examination of the documents presented by an exporter(a beneficiary under a letter of credit). In conclusion, the enhancement of a negotiating bank's right is expected to contribute to the growth of Korea's export.
Abstract
Account receivable itself is not a negotiable instrument in international transactions even if it may be legally transferred. However, a ‘bill of exchange’ in international trade, aka, ‘draft’, is a negotiable instrument that can be easily sold and transferred to be converted into cash by an exporter prior to payment date. It is vital for an exporter to turn over his account receivables as quickly as possible in order to make use of the money. Therefore an exporter draws a bill of exchange and negotiate it with a set of transport documents. A bill of exchange is normally negotiated to a bank with a set of transport documents, and an exporter receives cash from a negotiating bank before maturity. As a negotiating bank can suffer losses when a drawee(normally an importer or an issuing bank) dishonors a bill of exchange by non-acceptance or non-payment, a negotiating bank negotiates a bill of exchange within the credit line available for an exporter. As a negotiating bank can recover the losses suffered in the event of dishonour of bill of exchange under short-term export insurance(general) or export credit guarantee(post-shipment), an exporter can enhance the negotiability of a bill of exchange by purchasing export insurance or export credit guarantee(post-shipment). A negotiating bank may mitigate the risk of dishonour of a bill of exchange by an issuing bank through reasonable examination of the documents presented by an exporter(a beneficiary under a letter of credit). In conclusion, the enhancement of a negotiating bank's right is expected to contribute to the growth of Korea's export.
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