국제대출계약서의 주요 조항 및 법적 쟁점 - Loan Market Association 표준계약서를 중심으로 -

In bilateral or syndicated money borrowings in the international money market, most financial institutions use their own individual loan agreement, which is largely based on the Loan Market Association's (LMA) standard form. Key provisions in most of these loan agreements share common features, which reflect customs that have developed over a long period of time in the international money market. Basically, a loan agreement is a contract for money borrowing and in that sense, it mainly stipulates the rights and obligations of the lender and the borrower applicable to such parties with regard to a particular borrowing. Key provisions of a loan agreement include Commitment, Utilisation, Repayment, Prepayment, Interest, Yield Protection, Conditions Precedent, Representations and Warranties, Covenants, Events of Default, Governing Law, and Jurisdiction clauses. Each provision is negotiated and agreed between the lender and the borrower and reflect the nature of the individual transaction. Compared with a loan agreement in the local Korean money market, a loan agreement in the international money market includes additional provisions to protect lenders in the Representations and Warranties, Conditions Precedent, Covenants, and Events of Default clauses. Such detailed provisions should be considered to be included in loan agreements for the local Korean money market and loan agreements for project finance transactions.