수출거래에서 수출보증보험(금융기관용)의 법적성격 및 보험금청구에 대한 고찰

An export bond, aka a performance type guarantee, is provided as a security for an exporter’s performance of an export contract. It is required particularly in an overseas construction contract, an plant export contract, a shipbuilding contract, etc. A financial institution issues an export bond at the request of an exporter in favor of an importer, and should pay the guaranteed amount only upon a beneficiary’s written demand. A standby letter of credit has been also used in the United States, since it was construed that a bank shall not issue a guarantee. A financial institution issues a export bond only if the guaranteed amount is within the credit line for an exporter. Therefore an exporter with no credit line available is not eligible for an export bond, which results in the failure of an export contract. An export bond insurance, however, enables an export with no credit line available to be issued an export bond by providing a financial institution insurance cover against the loss caused by an export bond. An export bond insurance, which is a part of export insurances, is operated by the Korea Trade Insurance Corporation under the Trade Insurance Act. This product covers losses suffered by financial institutions in case exporters default on redeeming their bank guarantees issued by financial institutions for export transactions. In the event that an export bond insurance is provided for a financial institution(guarantor), an exporter who is subject to recourse by a financial institution, may be exempt from the recourse in case of unfair calling. The Korea Trade Insurance Corporation as an public insurer, bears unfair calling risk by a beneficiary.