신용장 및 보증서 원본 관련 판례분석

It is indisputable that mail credits and mail guarantees are regarded as original in themselves. However, it is controversial whether teletransmitted credits or guarantees are regarded as original. If an advising bank prints the teletransmission and advises to the beneficiaries the teletransmission accompanied by a covering letter, then it can be regarded as an original. But it can be disputable when the advising bank just advises the teletransmission online after checking the apparent authenticity only. There is a law case that a telefaxed copy can not be regarded as original even if it may in a certain circumstances qualify as an operative credit instrument. Such confusion regarding the original as such can be attributed to the lack of definition of the original credits in a uniform rule. Besides, a failure to present original L/C or guarantee when the presentation of its original L/C or guarantee is required may cause refusal in some law cases and international standards banking practices. Thus, when presentation of original is required in L/C or guarantee, the beneficiary should ask either to delete the condition or to add a condition that the issuing bank may provide a replacement or waive any requirement that the original be presented when an original is lost. Other possible remedy would be to have the lost document declared invalid by the court. The drawback is that the procedure for such a declaration takes at least six months, so it is unlikely that a court order will be obtained before L/C or the guarantee expires.