은행보증의 지급청구에 관한 연구

In In contrast to the decrease of the use of commercial letter of credit, the use of demandguarantee and standby letter of credit has increased gradually. However, as applicable lawsand rules are not unified despite the introduction of URDG758 and ISP98, bank guaranteepractice is still confusing. This paper tries to introduce international guarantee practicesconcerning demand for payment under bank guarantee. The person entitled to call the guarantee is the one which the guarantee designates as thebeneficiary. In the absence of provisions to the contrary, the demand for payment must belodged with the office which issued the guarantee, and is made in writing. The request forpayment must relate to the contract that has been secured by the guarantee. If the guaranteecalls for a statement of default by the beneficiary, the submission of such a statement is acondition of payment. A statement of default is also required if the guarantee is subject tothe URDG. If the guarantee contains a condition precedent, the beneficiary must demonstrate that thecondition has been fulfilled in accordance with its terms, or other means should the relevantcondition not mention the documentary evidence. The demand for payment must be made onor before the expiry date.