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제12주차 Documents

유 하상

2

3-1. Nature of Contract

Agreement on General Terms and Conditions of Business

Obtain : 손에 넣다, 획득하다. Acknowledge : 인정하다. 승인하다. Collateral security 2차적 담보

p.166

A Bill of Lading is a document signed and delivered by the master or agent of a ship to the shipper against the goods loaded on board or delivered for shipment. The shipper obtains a bill of lading from the steamship company against the mate's receipt, which is signed by the first or chief mate of the steamer, by which he acknowledges having received on board the cargo specified. In foreign trade the bill of lading is one of the most important documents, because it is (1) a receipt of the goods delivered to the carrier, (2) a contract between the shipper and the steamship company for the carriage of the goods, (3) an instrument representing the title or ownership of the cargo, and (4) a basic document for collateral security in financing shipment.

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부지약관 : said to contain. Unknown clause

p.81

1.2.1 Shipped Bill of Lading This type is a bill of lading which is issued only after the loading of the merchandise on board the steamer mentioned in the bill of lading has been completed, as the first clause of the B/L begins with "SHIPPED" in apparent good order and condition, by Shipper's Name on board the ship "×××." This is a normal and ordinary type of B/L sufficient to meet the requirements of negotiation bank when the shipper draws drafts through it. In the U. S. A. this types of bill of Lading is termed "on board" bill of lading.

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요구

p.81

1.2.2 Received Bill of Lading Contrary to "Shipped bill of lading, when a bill of lading begins with RECEIVED for shipment in apparent good order and condition....." it is termed "Received for shipment." or "Delivered for shipment" bill of lading, which will not meet the requirements of bankers for the negotiation of the documentary draft, in case clearly written on letters of credit as "Shipped" or "On Board" bill of lading required." In order to meet their requirements, this type of bill of lading may be changed into "On Board Endorsement" or "On Board Notation" bill of lading, with the notation or endorsement signed by the steamship company, reading as under; "We certify that the goods described herein were loaded on board the vessel named herein at the port specified in this Bill of Lading on or before the date of this endorsement; Dated............” or simply "Loaded on board; Dated.........."

5 3-1. Nature of Contract


Signifies : 의미하다. Exception : Bearing : 태도, 취향, 의지 Exceptions : 예외, 이의 Inconvenience : 불편, 불편을 주다

p.81

1.2.3 Clean and Foul Bill of Lading A Clean bill of lading is the usual one with the beginning clause of "in apparent good order and condition..." which signifies that the steamship company is not responsible for the conditions of the contents of the packages. A Foul bill of lading is incomplete bearing such remarks or exceptions as "2 cases short in dispute," "One bundle loosened," or "Rain work 2 b/s wet." Of course, a foul bill of lading is not a desirable document, because a bill of lading with such remarks will not usually meet the conditions set forth in a letter of credit. A document called a Letter of Indemnity or Letter of Guarantee signed by the shipper may be given to the steamship company in order to make up for the above mentioned inconvenience, holding the company harmless against issuing a clean bill of lading for shipments in foul condition. The Letter of Indemnity contains the following words;

to make up : 보충하다. 부족을 메우다

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In consideration of :~을 고려하여, 참작하여 The undersigned (아래의) 서명자

p.81

"In consideration of your issuing us clean Bill of Lading for the under-mentioned goods, for which exceptions have been inserted in the relative Mate's Receipt as indicated below, we, the undersigned, hereby undertake and agree to pay, on demand, any claims that may arise on the goods made by the consignee, or by any person to whom the documents are endorsed, and also to indemnify you against all consequence arising therefrom." This practice of resorting to the letter of indemnity is, however, never to be recommended.

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in conjunction with : ~와 함께, ~와 협력하여, ~에 관련하여 Invoice : 화물을 적송하다. 실어 보내다

p.81

1.2.4 Through Bill of Lading This is issued by a steamship company in conjunction with any other railroad companies. It covers the shipment from a port in a certain country to an interior point in a foreign country, which may invoice more than two or more carriers, steamship companies, foreign railroad or railroads.

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Vested : 소유권을 귀속시키다. 소유권을 주다 Render : ~로 하다, `이 되게하다 Whereas : 전문

p.81

1.2.6 Order and Straight Bill of Lading An Order bill of lading is issued to the order of the shipper or consignor, and a Straight bill of lading is the one issued in the name of the consignee. This difference is important on the value of the bill of lading as a collateral security for the exporter's drafts. When drawn "to order," the bill of lading becomes a negotiable instrument. After endorsing this order bill of lading "in blank," the title to the goods vested in the bill of lading can be transferred to any one who acquires it legally. The straight bill of lading is issued in the name of a specified consignee, and it is, therefore, interpreted that there is no intention of the shipper to transfer the ownership of the goods to any one but the consignee. Such a document may not be negotiable in the United States, because a straight bill of lading has been rendered nonnegotiable by the Bill of Lading Act of 1917, whereas the Commercial Code of Korea states that a straight bill of lading may be transferred by endorsement unless it is expressly prohibited to endorse the document.

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Prescribiㄷ : 규정하다. 지시하다.

p.81

As is discussed above, it is the order bill of lading which is typical of foreign trade. But we have to note that in the laws of some countries such as Brazil and Venezuela an order form of bills of lading is prohibited prescribing that the goods should be consigned only directly to the importer.

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요구

p.81

1. Invoice An Invoice is a detailed statement of the goods purchased, and sent by the seller to the buyer at the time the goods are shipped or forwarded. The word "invoice" is derived from a French word "envoi" (means sending). An invoice (sometimes called a "bill" in the U. S. A.) is a written statement sent by the seller to the buyer, giving details of the goods sold, or of the charges for work done or services rendered, and by means of which the seller notifies the buyer of the amount for which the latter has become indebted. Its purpose is thus to secure the adjustment of the accounts between the two parties in accordance with the transaction to which it refers and to enable the buyer, whether of goods or services, to check the accuracy of such adjustment.

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요구

p.81

2.2 Certificate of Origin The products of the countries with which special commercial treaties have been signed enjoy the privileges of the conventional tariff which assesses duties at lower rates than the general tariff. To receive the benefit of the lower rates, the exporter must prepare in his shipping papers a Certificate of Origin, a pater certifying that the goods to be exported are the product of Korea and of no other country. This certificate is issued or verified by the consul stationed in this country, just as in the case of the consular invoice mentioned as above, or it is often attested by the chamber of commerce and industry in the locality of shipment.

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요구

p.81

3.1 Marine Insurance Policy Marine insurance is one of the most important subjects of foreign commerce. It is a contract which one party who is called the "Insurer" or "Underwriter," in consideration of being paid a stipulated sum or "Premium." undertakes to insure another who is called the "Insured" against risks, or "perils of the sea," to which the ship, merchandise or other interests such as freight may be exposed during a certain voyage or for a certain fixed period of time. The instrument containing the contract to insure is called the "Policy."

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요구

p.81

The "Marine Insurance Policy" is the written contract of insurance which the shipper (known as th "insured" or "assured") makes with the insurer. In this policy are set forth in detail the rights and liabilities of both parties to the contract. The policy may be defined as the legally binding agreement of an insurer to indemnify the insured against loss suffered in connection with a maritime adventure through a peril of the sea. In order to meet the requirements of the law, the policy must specify the name of the insured, the subject-matter insured, the risk insured against, the sum insured, the voyage or period of time covered by the insurance, the name of the ship, the ports of loading and discharging, the amount of premium the place and the date of the contract, and the name of the insurer.

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요구

p.81

3.3 Certificate of Insurance In an Open Cover contract, a Certificate of Insurance in the place of a regular policy is issued from the insurance company against "Provisional Declaration" made by the shipper. Certificates of insurance are generally accepted as a satisfactory evidence of insurance and are considered as the same with regular marine insurance policies unless otherwise specified in the letter of credit. It should, however, be noted that according to the custom of British Banks Certificates of Insurance was not recognized as the Policies, as has been prescribed in the note (d) of Article 34 of "Uniform Customs and Practice for Commercial Documentary Credits, 1993 Revision" in the following words: "Unless otherwise stipulated in the Credit, banks will accept an insurance certificate or a declaration under an open cover pre-signed by insurance companies or underwriters or their agents. If a Credit specifically calls for an insurance certificate or a declaration under an open cover, banks will accept, in lieu thereof, an insurance policy.

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요구

p.81

4. Bill of Exchange The legal definition of the "Bills of Exchange" as given in the English Bills of Exchange Act of 1882, is "An unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a certain sum in money to, or to the order of, a specific person, or to bearer." In common speech a bill of exchange is called a "draft". The person signed the draft is known as the "drawer", the person on whom it is drawn as the "drawee," and the one to whom it is made payable as the "payee."

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요구

p.81

4.2 Sight and Time Bills Bills of exchange are classified according to the method for determining the date on which payment is the from the drawee. The date of payment is usually either "on demand" or "at a fixed of determinable future time." A bill of exchange payable on demand is called a "sight" or "demand" bill, and a bill payable at a future time is termed a "time," "period," or "usance" bill. The sight bill is to be presented to the drawee as soon as it is received by the foreign bank, and payment is to made immediately upon presentation. Very often documents arrive some days or weeks in advance of the goods, and no importer likes to pay for the goods until their arrival.

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요구

p.81

4.2 Sight and Time Bills In many countries, therefore, it has become the custom for the bank to defer presentation of sight draft pending arrival of the goods. As regards the time bill, payment is made at a certain number of days or months after sight or after date. A bill drawn at thirty days after sight (at 3o d/s) means that the drawee must pay the bill at thirty days after the date on which the gill has been presented. A bill drawn at thirty days after date(at 30 d/s) means that the drawee must pay the bill at thirty dates after the date on which the bill has been drawn, regardless of the time elapsed in presenting it. In the case of a time bill, showing the bill to the drawee is not in itself sufficient to establish legal evidence that the bill has been presented.

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요구

p.81

The drawee usually writes the word "Accepted" and the date across the face of the bill and signs his name underneath. The bill that is accepted is the legal agreement of the drawee to pay it at maturity. Foreign bills of exchange are usually drawn at a certain number of days after sight, i.e. thirty, sixty or ninety days after sight; very seldom they are drawn at a certain number of days or months after date.

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요구

p.81

4.3 Clean and Documentary Bills In financing foreign trade there are two types of drafts drawn by the shipper on his customer. They are known as "clean" and "documentary" drafts. A clean draft is one which is unaccompanied by any documents and is, as a rule, a draft drawn in accordance with previous arrangements as to the financing of the shipment of merchandise, or for any other amounts owed to the drawer by the drawee. A documentary draft is one to which the shipping documents are attached, and is adopted in order to safeguard the interests of shippers. It ensure that delivery of a shipment to the consignee will only be made after terms of the shipper have been met.

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요구

p.81

By attaching bills of lading to a draft and presenting all to the consignee through a responsible third party (almost always a banker), the shipper makes certain that his draft, i.e. his terms of sale, will be satisfied before he parts with his goods. The third party handling the draft and documents as an agent for the shipper will not otherwise surrender the bills of lading, the possession of which gives title to the goods they represent.

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p.81