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(국제계약 상세정보 http://www.ilri.co.kr/law2.htm )
LETTER OF GUARANTEE (L/G, 보증서)
DATE :
TO : (Principal: The person or entity requesting the guarantee. This is the party who needs assurance that certain obligations will be fulfilled.)
FROM : (Guarantor: The individual or organization providing the guarantee. The guarantor assures the principal that they will fulfill the obligations if the principal fails to do so.)
Dear Sirs,
[지급약속]
We, (L/G Guarantor: 은행 또는 보증인) at (L/G Guarantor 주소), as primary obligors and not merely as sureties, hereby establish an independent, absolute, irrevocable, unconditional Letter of Guarantee No.(L/G No.) in your favor for account of ( Seller name ) at ( Adress ) (“Seller”) to guarantee the performance of the terms and conditions of the agreement for ( Contract title ) (“CONTRACT”) and hereby undertake to pay you fully, promptly and punctually up to but not exceeding (L/G in amount) plus interests, fees, charges, costs, expenses and other amounts due and payable to you under the said CONTRACT.
[지급방법]
In the event that the Seller fails to pay any amount on a due date (whether at the stated maturity, or by acceleration or otherwise) in accordance with the terms of the CONTRACT, we will pay to you or any assignee(s) hereof the outstanding amount which are then payable and Delay/Default interest for the period from the due date to the date of actual payment of the full amount demanded by you accrued thereon as aforesaid immediately upon receipt by us of written demand from you including a statement that the Seller is in default of payment of the amount claimed in respect of the CONTRACT and/or interest thereon, without requesting you to take any or further procedure or step against the Seller.
[계약변경에 따른 L/G의 변경승인]
We hereby consent to any renewals of, changes of, extensions of terms and partial payments of the installments or other indebtedness of the Seller under the CONTRACT without notice to us, and hereby further consent that no such renewals, changes, extensions or partial payments shall discharge us from any liability thereon or hereon in whole or in part.
[대금수취 권한 양도]
We hereby agree that this Letter of guarantee and the undertaking hereunder shall be assignable in whole or in part and shall ensure to the benefit of any assignee thereof as if it were originally named herein; provided, however, that upon such assignment by you or any such assignee, the assignor thereof shall notify in writing us of the name and address of any such assignee.
[지급통화/비공제]
Payments by us under this Letter of Guarantee shall be made in United States Dollar to such account and/or in such place as from time to time instructed by you or any assignee(s) without deduction, withholding or set-off of any kind.
[추가부담 발생시 보상]
In the event that any withholding or deduction is imposed on an payment to be made hereunder by law or by any taxing authority, we agree to pay such additional amount as may be necessary in order that the actual amount received after deduction or withholding shall be equal to the amount that would have been received if such deduction or withholding were not required after allowance for any increase in taxes or charges payable by virtue of the receipt of the such additional amount.
[유효기간]
This Letter of Guarantee shall come into full force and effect upon its issue and shall continue in force and effect until (some years or day/month/year) after the termination of the CONTRACT or the maturity date of the last payment, whichever occurs later.
[보증인의 의무 연대적, 절대적]
The obligations of the undersigned are joint and several with any other guarantee or security and are absolute and unconditional irrespective of any legal limitation, disability, incapacity or other circumstance relating to the Seller or any other person, or any amendment or supplement to the CONTRACT or of the genuineness, legality, validity, regularity of any other documents, instrument or agreements contemplated therein.
[지속적인 보증]
This Letter of Guarantee shall be a continuing guarantee and shall cover and secure any balance owing under the CONTRACT, but you shall not be obliged to exhaust your recourse against the Seller before being entitled to payment from the undersigned of the obligation hereby guaranteed.
[발급권한 보증]
The undersigned hereby represents and warrants that (a) it has all legal rights, power and authority to execute this Letter of Guarantee and perform its obligations hereunder, (b) it has taken all appropriate and necessary action to authorize the issuance of this Letter of Guarantee and the performance by it of its obligations hereunder, (c) the execution, delivery and performance of this Letter of Guarantee and covenants herein contained will not violate or contravene any provisions of any existing treaty, law or regulation or any judgment, order or decree of any court, or governmental agency or violate or result in a default under any mortgage, indenture, contract or agreement to which the undersigned is a party, or by which we or our assets are bound, (d) this Letter of Guarantee constitutes the legal, valid and binding obligation of the undersigned enforceable in accordance with its terms and (e) the undersigned has obtained all necessary consents, licenses, approvals, and authorizations and registrations or declarations, with any governmental authority required in connection with the validity and enforceability of this Letter of Guarantee and the same are in full force and effect.
[준거법 및 분쟁해결]
This Letter of Guarantee shall be governed by and construed under the ( Korean ) law.
All disputes, controversies or differences which may arise between the parties, out of, or in relation to, or in connection with this Letter of Guarantee, or for the breach thereof, shall be finally settled by ( arbitration at the Court of International Arbitration in Korea in accordance with the relevant arbitration rules of Korea and under the laws of Korea ). The resort to any judicial court or tribunal is hereby waived except for the purpose of enforcement of such award. Any arbitration award shall be enforceable by any court having jurisdiction over the party or its assets against whom or which the award is rendered.
[주권면제 배제]
The undersigned represents and warrants that this Letter of Guarantee is a commercial and not a public or governmental act and that the undersigned is not entitled to claim immunity from legal proceeding with respect to itself or any of its properties or assets on the grounds of sovereignty or otherwise under any law. To the extent that the undersigned or any of this properties or assets has or hereafter may require any right to immunity from off-set, legal proceedings, attachment prior to judgment, other attachment or execution of judgment on the ground of sovereignty or otherwise, the undersigned for itself and its properties and other assets hereby irrevocably waives such rights to immunity in respect of its obligations under this Letter of Guarantee.
IN WITNESS WHEREOF, the undersigned has caused this Letter of Guarantee to be executed and delivered by its duly authorized representative on the day and year written above.
Very Truly Yours,
-----------------
(L/G Issuer Signature
국제법률연구원 International Law Research Institute.
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