독립적 구상보증상의 지급청구와 그 사례 연구

Bank guarantees are being adopted as useful security devices for any possible rights in various overseas business activities. The bank guarantee is an irrevocable undertaking of the bank to pay the guaranteed amount specified in the guarantee in the event that the original debtor fails to fulfil his contractual obligations within the validity under underlying trade transactions. There also is a counter-guarantee issued as the form of a indirect guarantee or a double guarantee and the use of the guarantee continue to grow as an important means for international business in recent years. However, some businesses have much difficulty in the international business activities by the lack of information and working experiences for a counter-guarantee system. In particular, There can be some legal and practical problems in the presentation and examination of demand, the relationships between a guarantor bank and a counter-guarantor and others under the procedures of the demand for payment and its performance. Therefore, this paper has been reviewed the relative international rules and the major issues that would happen under counter-guarantee transactions on the basis of field case research and also presented the practical notes and implications. This study is mainly based on documentary research and practical field case.