• Title/Summary/Keyword: Negotiation of Credit

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A study on the legal relationship between the change in the date of performance of trade contracts and the date of shipment of letters of credit (무역계약의 이행기일과 신용장 선적기일의 변경 간의 법률관계에 대한 연구)

  • Je-Hyun Lee
    • Korea Trade Review
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    • v.48 no.3
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    • pp.23-41
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    • 2023
  • The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.

Critical Revision Issue and The Problems Appling in Practical Operation for UCP 600 (UCP 600의 주요개정 내용 및 실무적용상의 문제점에 대한 관한 연구)

  • Yang, Ui-Dong
    • International Commerce and Information Review
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    • v.9 no.1
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    • pp.381-399
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    • 2007
  • UCP 600 will now come into effect on 1 July 2007, giving practitioners more than six months to prepare for the change. The vote on the UCP was also a favourable vote on eUCP Version 1.1 which was amended to bring it into conformity with the new rules. ICC Banking commission unanimeusly approved the revised UCP 600 on 26 October 2006 in paris convention. The most important revision of UCP600 have altered the technical and difficult to understand wording of UCP500 into plain simple precise and concise language, The singuler achievement of UCP600 is its elimination of phrase like "reasonable care" "reasonable time" and "an it's face" from the rule. The introduction of separate articles 2 and 3 on "Definitions" and "Interpretation" which contain the concept of "honour" along with the inclusion of certain ISBP wording in UCP, should bring about far greater clarity and precision than in many of the contentions articles in UCP500. The definition of negotiation should help lay to rest the controversies surrounding the terms of negotiation. The removal of reasonable time and the replacement by five banking days should speed the process and make L/Cs more attractive in the market, nevertheless UCP600 have many problems in appling it in practical field. For example the definition of credit, negotiation and purchase it's accepted or undertaken payment draft by accepting bank or deferred payment bank, the second advising bark's position etc. so, I will introduce in this thesis the important revised articles of UCP600 and investigate the problems in applying it in practicle field with reference to the specialist's opinion of the practical field and ICC opinions of drafting Group.

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Empirical Study on Determinants of T/T Payment Risk in International Trade (무역거래에서 송금(T/T)방식의 결제 위험성에 영향을 미치는 요인분석)

  • Han, Woo-Jung;Cho, Hyuk-Soo
    • Korea Trade Review
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    • v.44 no.6
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    • pp.87-103
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    • 2019
  • L/C(Letter of Credit) is a common payment term designed to prevent credit risk in international trade. However, most companies prefer T/T (Telegraphic Transfer) payment due to its time and cost efficiency. According to related statistics, more than 70% of international trade contracts are based on T/T rather than other payment terms. The time required from the export negotiation to the completion of the export transaction and collection in international trade is very long. In this process, disputes related to settlement are continuous, so caution should be exercised. Therefore, whether or not the export payment is recovered in a timely manner is the core issue of trade transactions for exporters. The purpose of this study is to identify problems that cause delayed payments during settlement by the remittance (T/T) method, which can lead to settlement risk, in order to investigate those factors which can lead to delays in payments and increased risk as well as to determine ways to prevent such factors in advance. According to empirical findings, trading experience, transaction duration, and contract contents can be important determinants in terms of payment delays. Industry uniqueness and market uncertainty were found to be in opposition to the hypothesized relationships. The results of this study will be useful for trading companies to reduce their payment risk.

A Study on Criteria for the Credit Approval of Nationally Authorized Civil Qualifications (국가공인 민간자격 학점인정 기준에 관한 방안 연구)

  • Shin Myong-Hoon;Park Jong-Sung
    • Journal of Engineering Education Research
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    • v.7 no.2
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    • pp.5-21
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    • 2004
  • The study aims to propose plans to give credit approval to those who obtain authorized civil qualifications, in accordance with the enforcement regulations under the Clause 7, Article 4 of $\ulcorner$the law on credit approval and others$\lrcorner$. Preceding studies on the grounds and principles of credit approval, analyses on the related references and materials, and surveys asking the managers of authorized civil qualifications their opinion over giving credit approval to authorized civil qualifications were conducted as the methodology of this study. Besides, a conference inviting experts from the relevant fields was held to specifically overview the contents and levels to be examined by qualification items, to conduct a face-to-face survey on directions to take in the credit approval of authorized civil qualifications, and to analyze the level and the degree of the difficulty of questions in the examinations of authorized civil qualifications. The contents and the level of credit approval in this study are as follows. For the authorized civil qualification items unable to formulate criteria in accordance with the principles of credit approval taken in the national technique qualification and other national qualifications, two factors were put under consideration for setting the level of the credit approval. First, the level and scope of work were investigated. Second, the content of qualification was compared with the course work of college. The degree of difficulty in the scope and performance of work was reviewed by specialized qualification and general qualification, respectively. Specialized qualification indicates whether or not the required knowledge and technique are acquired for performing duty in specific work fields. It falls into service fields and qualification items except qualification items on general clerical work of the national technique qualification and other national qualifications. To the contrary, general qualification is to prove the degree of acquisition of knowledge and technique for improving the basic competencies throughout diverse types of occupations. It includes competencies to verify language proficiency, mathematical and statistical capacity, problem settlement, negotiation and communication skills. When the authorized civil qualification came under the specialized qualification, the level of qualification was determined in comparison with the level of work of national qualifications. In the case of the general qualification, the credit to be approved was settled by conducting a comparative analysis on the course work of college.

Assessment of the Potential Carbon Credits from Reducing Emissions from Deforestation and Enhancement of Forest Carbon Stock Activities in Developing Countries (개도국의 산림전용으로 인한 온실가스 배출량 감축 및 산림탄소축적 증진 활동의 탄소배출권 잠재력 평가)

  • Bae, Jae Soo;Bae, Ki Kang
    • Journal of Korean Society of Forest Science
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    • v.98 no.3
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    • pp.263-271
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    • 2009
  • This study aims to identify negotiation alternatives related to Post-2012 reducing emissions from deforestation (RED) and enhancement of forest carbon stock (EFCS) activities. It also aims to recommend a negotiation strategy considering environmental integrity and national interest on the basis of estimating reduction potentials of each alternative on the assumption that tradable carbon credits play an important role as positive incentives. In order to estimate greenhouse gas (GHG) reduction potentials and income potential from RED and EFCS activities, 99 countries were selected by the Global Forest Resources Assessment of the Food and Agriculture Organization of the United Nations. A 'baseline and credit' method was applied to estimate RED activities. Gross-net and net-net methods were applied for EFCS activities. According to the results, Brazil, Indonesia, and the Democratic Republic of Congo have more potential to get positive incentives through RED, while China, Chile, and the Republic of Korea have more potential to get positive incentives through EFCS. This study suggests including both RED and EFCS activities in the boundary of policy approaches and endowment of positive incentives to consider GHG reduction potentials in the global scale and equity among developing countries. Making a discount rate application of forest management activities can be also recommended to factor out the effects of human-induced activities by EFCS activities.

Compliance Criteria for Documents of the Letter of Credit : Focused on the Precedents of Korean Supreme Court (신용장 서류심사의 일치성 판단기준: 우리나라 대법원 판례를 중심으로)

  • Kim, Sangjo;Lee, Jaedal
    • Journal of Korea Port Economic Association
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    • v.29 no.2
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    • pp.255-275
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    • 2013
  • The purpose of the study is to examine compliance criteria for documents of the Letter of Credit(L/C) by the Korean Supreme Court in practical use. The judgement criteria of the court in documents' examination is supported by the doctrine of strict compliance. And, in examination of documents by the Supreme Court, the difference between documents presented and the credit should be followed by the allowance of international standard banking practices. In this case, the Supreme Court makes a reference for ICC's opinion or decision proposed as the international standard banking practices, or otherwise admit by exploring the practices. However, when documents reviewing by the bankers' auditors, it is very difficult for them to judge in a short time due to the lack of high level of knowledges and insights. As shown the cases of this study, the doctrine of strict compliance of an L/C be relaxed, and most of the recent precedents be ruled by the exception of the doctrine. Because, therefore, it is difficult for to documents reviewers of bank to judge these consistencies, conducting arbitrary document review will be inevitable. As a result, it will be difficult for banks and applicants to ensure the strictness of the documents, and free use of L/Cs in international transactions will be avoided. Finally, the expanded usage of the electronic negotiation system that simplifies the highly difficult compliance criteria to ensure the strictness of documents will be needed, and not only be eradicated the acts of arbitrary documents examination practices, but also be promoted the freely usage of L/Cs.

The Status and Responsibility of the Confirming Bank under UCP600 (UCP600에서 확인은행의 지위와 책임)

  • Park, Sae-Woon;Lee, Sun-Hae
    • International Commerce and Information Review
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    • v.14 no.4
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    • pp.433-456
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    • 2012
  • The confirming bank undertakes to make payment to the beneficiary, provided that a complying presentation is made and complies with its confirmation. In case L/C fraud is evident, though, the confirming bank as well as the issuing bank does not have the obligation to make payment. That is, the confirming bank does not take the risks involving documentary fraud. The confirming bank cannot exercise the right to recourse toward the beneficiary or the nominated bank when the issuing bank finds the discrepancies which the confirming bank has not noticed. This is because under UCP600, the issuing bank or the confirming bank cannot refuse to make payment with the cause of documentary discrepancy after 5 banking days following the presentation of documents. Even if the issuing bank accepts the discrepant documents following the confirming bank's request to do so, the confirming bank does not have the responsibility for the confirmation. When under Usance Negotiation Credit, the confirming bank acts as the nominated bank, the confirming bank should make payment in no time if the beneficiary presents complying documents. Therefore, unless the confirming bank intends to make immediate payment, they should consider using Deferred Payment or Acceptance L/C in Usance Credit. It is also safer for the beneficiary to have the reimbursing bank's undertaking to the reimbursement than just have confirmation of the credit because in the latter case they may not have full payment due to disputes regarding discrepancies of the documents even if they have confirmation of the credit.

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The Payment Term Choice on E-marketplace: Focusing on Status Quo Bias and Anchoring Effect (무역거래알선사이트에서의 결제조건 선택: 현상유지편향과 정박효과를 중심으로)

  • Yoon Lee;Hong-joo Jung
    • Korea Trade Review
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    • v.46 no.1
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    • pp.23-38
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    • 2021
  • This paper investigated the preference change of payment terms in international trade along with counteroffer or first offer conditions of the other parties. Studies on trade payment terms have mainly focused on payment term determination factors such as firm size, product price level, country credit rate, etc. We tried to find other factors affecting payment terms choice, during the negotiation process. We applied behavioral economics theories such as 'Status Quo Bias' and 'Anchoring effect' to build our research model. To prove the existence of the above effects, we proceeded with field experiments to the exporting companies in Alibaba.com. Both 'Status Quo Bias' and 'Anchoring effect' were found in the field experiment. Most of the exporting companies preferred traditional payment methods to new payment methods. And an initial request for a low advance payment ratio led to a lower advance payment ratio. Also, the experience of using new payment methods could diminish status quo bias. This paper applied behavioral economics theories and field experiment methodology to the payment term studies in international trades. These attempts could contribute to expanding the diversity of methodology and scope of international trade studies.

An Economic Feasibility Study of AR CDM project in North Korea (북한 지역을 대상으로 한 조림 CDM 사업의 경제적 타당성 연구)

  • Han, Ki Joo;Youn, Yeo-Chang
    • Journal of Korean Society of Forest Science
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    • v.96 no.3
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    • pp.235-244
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    • 2007
  • Potentials of AR CDM project in North Korea are assessed and feasible land area for AR CDM project is estimated. According to our estimation, There could be 515,000 hectares of forest lands deforested before 1990 in North Korea and 8,854 hectares at the regional level of Gae-sung City, which are eligible for AR CDM project, based on researches of satellite image analyses conducted from 1980's to 1990's. A baseline scenario assumed 44.73 tones of carbon stored in soil per hectare with no vegetation above ground remained during the project period following the default value of IPCC's Good Practice Guidance for LULUCF considering soil structure, climate and land use of the project area. The scenario also assumes that black rocust (Robinia pseudoacacia) is planted and the CDM project is implemented for 20 years. The costs for producing greenhouse gases CER (certified emission reduction) credits include costs of tree planting and forest management, and costs of project negotiation and transactions for issuing the credits. It is estimated that 376 tones of carbon dioxide per hectare can be accumulated and 503 temporary CER credits per hectare and 265 long-term CER credits per hectare could be produced during the project period. It is estimated to cost US$ 4.04 and US$ 7.67 to provide one unit of temporary credit and long-term credit, respectively. These values can be regarded as the cost of conferring emission commitment of a country or a private entity. However, it is not clear which option is better economically because the replacement periods are different in these two cases.

E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.224-242
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    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

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