백투백신용장거래에서 매입의 개념 - 대법원 2017. 11. 14. 선고 2017다216776 판결을 중심으로 -

Abstract

Based on the recent Supreme Court ruling on legal issues arising from Negotiation of the original credit by issuing the Back to Back Credit, the following conclusions were reached: First, under the concept of a letter of credit’ Negotiation, Negotiation can be made regarding the presentation of a Complying document. In other words, after obtaining the documents required by the L/C, inspection of them will make the agreement to negotiate the L/C valid because it is a document consistent with the L/C. It should have been argued from then on that the letter of credit was a Bona fide Holder possession of the rightful Negotiation. In this case, the plaintiff should have clearly stated that he had the documents required by the L/C at that time when he claimed the date of Reimbursement of the Back to Back L/C as the time of Negotiation. But this is not clear. Second, The view of the Supreme Court’s ruling to “firmly pay the beneficiary on a specific date” is that it makes sense to interpret the decision as “to impose a debt burden on a specific date.” Third, From five bank business days when the documents required by the L/C arrived at the opening bank as defendants. There should be an unconditional and absolute commitment to payment and The Negotiation Price must be paid.