• Title/Summary/Keyword: After-Sale

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The Purposes of the UNIDROIT Principles of International Commercial Contracts (국제상사계약(國際商事契約)에 관한 UNIDROIT 원칙(原則)의 의의(意義))

  • Choi, Jun-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.227-252
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    • 1999
  • In this Article the writer introduces the origin and preparation of "the UNIDROIT Principles of International Commercial Contracts". In May 1994 the Governing Council of the UNIDROIT gave its formal imprimatur to the UNIDROIT Principles and recommended their widest possible distribution in practice. After brief discussion of the establishment procedure of the UNIDROIT Principles the writer discusses the legal nature of the Principles as an international restatement of contract law. The UNIDROIT Principles has more flexibility than international convention. But it has deficit in the sense of legal stability. Also the scope of application of the Principles was discussed. It can be applied only to the international commercial contracts. It includes two basic principles in it's application, i. e. "commercial contracts" and "international contracts". For the rest of the Article the writer concentrates on the contents of the Principles and the basic ideas underlying the Principles from the point of view of the comparision between the UNIDROIT Principles and "the UN Convention on the International Sale of Goods" (CISG). The UNIDROIT Principles are only restatements and the CISG is an international convention. The application of the CISG is obligatory due to its nature as an international convention. In the contrary the possibility of the application of the UNIDROIT Principles is more flexible. The UNIDROIT Principles is a more comprehensive instrument than CISG. Therefore it can be applied to all kinds of international commercial contracts. In the contrary the CISG can be applied only to international sales contract. Since CISG only deals with contracts for the sale of goods, and the scope of the UNIDROIT Principles is much wider, no overlap can occur where contracts other than sales contracts are concerned. Rather the UNIDROIT Principles can supplement the CISG and the CISG also can be criteria in interpreting the UNIDROIT Principles. As the conclusion the writer summarizes the meanings of the UNIDROIT Principles and presupposed the futur perspectives of the Principles.

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A Study on the Seller's Right to Require the Buyer to Perform the Contract under the CISG (CISG상 매도인의 이행청구권에 관한 연구)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.53
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    • pp.49-74
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    • 2012
  • This study primarily concerns the seller's right to require performance under the United Nations Convention on International Sale of Goods(1980) (here-in-after the CISG). By virtue of art. 62 of the CISG, the seller may require to pay the purchase price, take delivery or perform his other obligations. The right is known as a process whereby the aggrieved seller obtains as nearly as possible the actual subject-matter of his bargain, as opposed to compensation in money for failing to obtain it. The study describes and analyzes the provisions of the CISG as to the seller's right to require performance, focusing on the questions of what the seller can require the buyer to perform, and what the restrictions of his right to require performance are. It particularly deals with main controversial issues among scholars as to whether art. 28 of the CISG is applied to the seller's action for the price and so that it opens the door domestic traditions and national preconditions that prevent judges and enforcement authorities in some contracting states, and whether the seller's to require performance is subject to the duty to mitigate loss within the meaning of art. 77 of the CISG. On the basis of the analysis, the study puts forward the author's arguments criticizing various the existing scholars' views. In addition, this study provides legal and practical advice to the contracting parties when it is expected that the CISG is applicable as the governing law.

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A Study on the Profitability According to the Different Sales Timing in Apartment Housing Development Projects (공동주택 개발 사업의 분양시기 변동에 따른 수익성 비교.분석에 관한 연구)

  • Yoon, Seung-Hyeon;Kang, Hyun-Wook;Kim, Yong-Su
    • Korean Journal of Construction Engineering and Management
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    • v.10 no.3
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    • pp.62-71
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    • 2009
  • The purpose of this study is to analyze of profitability accordance to the different sales timing in apartment housing development projects. The adapted research method about public apartment hosing development projects by a private construction company is concentrated on the middle and large scale housing. The methodology for analysis of profitability through the change of timing for sales is analysed. According to this methodology, the difference of profitability by different timing of first sales is compared and analyzed. The results of this study are as followed 1)The major factors to affect the profitability for apartment housing development project consist of the timing of sales, the method of payment and the rate of sales. 2) The case study was carried out and then the profitability is analyzed the profitability for the three of cases is got worse when the sale after construction especially on the time of construction progress rate 80% is carried out.

Women's Ready -to-Wear Dresses in Korea(I) (여자 기성복에 관한 연구(I)-봄철 One-piece Dress를 중심으로-)

  • 현순옥
    • Journal of the Korean Home Economics Association
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    • v.17 no.3
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    • pp.13-21
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    • 1979
  • The purpose of this study were : (1) to analyze the commercial sizes in Korea , (2) to investigate the designs and materials of one-piece dresses, and (3) to ascertain the prices and tendency to sale of dresses. A questionaire and the interviews with some producers were used for this study. The questionaire was made with many items after the pretest. For the statistical analysis, 99 dresses were used among 141 dresses which were examined. The observation of ten observers was made in markets(group A), department stores (group B), and commercial agents of manufacture (group C). The period of observation was from April 10 to May 4 , 1979. The results of this study indicated that : (1) According to makers , the commercial sizes in Korea were different. The sizes were based on only waist in group A , body measurements in group B, and either of them in group C. (2) In dress style, the box dresses were popular in three groups. (3) The type of sleeve in group A, B and C showed in following order : set in sleeve > dropped shoulder > raglan sleeve. (4) The most necklines were finished with collars. The shirtwaist collars were popular in group A and C and the flat collars in group C. (5) In dress material , cotton/polyester was popular in group A, wool in group B, and silk in group C. The use of natural fiber and color in three groups decreased in following order : C>B>A. (6) The prices of dresses were from 10,000 to 35,000 won in group A, form 23,8000 to 49, 800 won in group B, and from 12,500 to 90,000 won in group C. (7) In case of group C, the elements which had influence on sale were color, design, and price.

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Investigation into the Effectiveness on Customized Remodeling - Focusing on apartment houses completed during remodeling - (맞춤형 리모델링에 대한 실효성 검증 연구 - 리모델링을 추진중, 완공한 공동주택을 중심으로 -)

  • Yoon, Hyang-Seung;Kim, Gi-Soo
    • Journal of the Architectural Institute of Korea Planning & Design
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    • v.34 no.7
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    • pp.3-12
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    • 2018
  • The present remodeling makes almost no difference from rebuilding as all the building materials are removed remaining frame structure only. And, in case of vertical extension of building, higher construction cost and safety problem occur. The Ministry of Land, Transport and Maritime Affairs, therefore, recommends customized remodeling that can be made in light of the resident' needs such as parking lot, elevator, bathroom, and room for the alternative of remodeling of vertical extension of building. The purpose of this study is to present real data that can be referred to the constructor's decision making before starting the remodeling, by investigating and analyzing the weight and importance between evaluation factors for customized remodeling at the completed time of remodeling. Accordingly, the factors were divided into environmental factor, social factor, and economical factor, and the survey was performed for the residents living in remodeling houses. In addition, for the professionals, AHP (Analytic Hierarchy Process) has been carried out for the priority in the customized remodeling. For environmental factor, the level of importance made difference from that before remodeling, except parking level. For social factor, every item, including psychological satisfaction and community satisfaction, made difference. For economical factor, the recognition level of importance in rent made difference, except sale price of the factor for price satisfaction. In case of the factor for cost satisfaction, it was checked that construction cost and administration cost both could be considered important. As a result of AHP, the most importantly emphasized item was construction cost, and sale price, administration cost, residence structure, and parking lot were followed by priority in order. This study could contribute to reliably settle down customized remodeling by giving reasonable and substantial help from the analysis of the differences in the customized remodeling items before/after the remodeling.

A Recent Case Study on the Formation of Contract in International Sale of Goods (국제물품매매거래에서 계약의 성립에 관한 최근 판례연구)

  • Lee, Byung-Mun;Park, Eun-Ok
    • Korea Trade Review
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    • v.41 no.4
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    • pp.21-40
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    • 2016
  • This study mainly deals with a recent case held as to the formation of contract under the United Nations Convention on International Sale of Goods(CISG). In order to analyse the fact of the case and the justification of its holdings, it examines the rules on the formation of contract under the CISG, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. In addition to these, it particularly investigates the rules on a delayed acceptance under the CISG. After looking into those rules, it criticizes the holdings and provides legal and practical advice to contracting parties who intend to conclude a contract under the CISG as a governing law. It finds that whose e-mail in the case amounts to an offer and an acceptance is depended upon the interpretation of intention of the parties expressed in their statement. According to such interpretation, even if a purchase order is requested by the seller for the formation of contract, a contract may be concluded by a simple statement which commits the buyer himself to purchase the seller's goods. This is particularly the case where such request is made only to clarify the buyer's intention to purchase them.

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Land Market of Ukraine: Problems of Legislative Regulation

  • Zemko, Alla;Bukanov, Hryhorii;Zadorozhnia, Halyna;Vinyukova, Olha;Yefimenko, Kristina
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.459-462
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    • 2021
  • The article examines the main problems of land market formation in Ukraine. The article is devoted to the study of problems and prospects of land market introduction after the abolition of the ban on alienation. The advantages and disadvantages of lifting the moratorium on the purchase and sale of agricultural land are highlighted. The experience of such European countries as France, Germany, Latvia, Romania and Poland in regulating the market of agricultural lands is analyzed. The historical stages of market formation, features of state policy in this area are considered. The authors found that in these countries the market for agricultural land is well developed and works effectively, which has positive consequences for the economy of these countries. After analyzing the experience, we identified common elements of an effective mechanism for regulating the land market in European countries, which can be implemented in Ukraine. It is emphasized that after the opening of the land market it is necessary to prevent the concentration of a large number of agricultural lands in the hands of one person or close persons and it is necessary to create an effective supervisory body, whose main functions will be supervising sales prevention of speculation in the land market. Emphasis is placed on the need to improve legislation in the field of land, organizational and informational conditions for land reform. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Circulation of Agricultural Land" was analyzed, the adoption of which put an end to the systematic extension of the moratorium on the sale of agricultural land. The positive aspects of such reservations are noted, such as the gradual introduction of the land market, quantitative restrictions, the lower limit of the value equivalent, which can not be less than the normative monetary value. At the same time, the problem is that the lack of an imperative norm on termination of the lease agreement in case of refusal of the lessee to purchase such land at a price not lower than expert assessment, will negatively affect its price formation and actually make the landlord hostage.

Camera-Module for Mobile-Phone View Point from Module Assembly Maker

  • Muraishi, Hiroaki
    • Proceedings of the International Microelectronics And Packaging Society Conference
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    • 2006.10a
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    • pp.37-45
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    • 2006
  • The mobile-phone which Camera was put on was released at the end of 2000 and dramatically puts up the deployment ratio because not only simple Camera but also a function that the photograph which I took is dispatched was added. It is the force that demand in this year presses 600,000,000 sale of a mobile-phone is estimated to be 960,000,000 of them in 2006, and to be able to include two errands with a support model after 3G. A person of entry to a camera-module appear much. In addition, the various kinds of products open markedly which a product comes to be known widely in the world, and the application range has opened widely, and considered QCDT come to be key issues for answer to market demand. By manufacturing industry, there is peculiar culture to each industry, camera-module is the composition the various industries. The construction of true Supply-chain becomes unavoidable to make a good product. I describe the point that the situation of each supply-chain and the direction for the future by the view point of module assembly maker.

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The Study on the Risk and Risk Transfer of the Incoterms in a Contracts for the International Sale of Goods - Based on the Revised Incoterms 2010 & CISG - (국제물품매매계약에서 위험과 위험이전에 관한 연구 - Incoterms 2010과 CISG를 중심으로 -)

  • Kim, Dong Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.60
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    • pp.27-46
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    • 2013
  • The Incoterms and United Nations Convention on Contract for the international Sales of Goods(CISG) allocate a risk in their articles. These rules make a decision that the parties who make a transaction are bound to bear the risk or damages of goods. Though a goods have a damages or loss during a transportation, buyer is liable for the payment of purchase price. In this case, this paper defines the meaning whether who can bear the risk under Incoterms and CISG. In the majority cases which deal between parties, after shipment or at the end of carriage, the loss or damages are found in buyer's hand. If a damages or loss is made during transit, customarily these risk are covered by insurance. Otherwise, these rules provide a tools for solving this problems. Then, between parties should be accomplished their target equitably.

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Analysis of Multi-branch Inventory Distribution System for an Item with Low Level of Demand : Lost Sale Model (다지점으로 구성된 재고시스템의 최적화 분석 : 저수요, 유실판매 모형)

  • Yoon Seung Chul;Choi Young Sub
    • Proceedings of the Society of Korea Industrial and System Engineering Conference
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    • 2002.05a
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    • pp.349-357
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    • 2002
  • This research is basically deals with an inventory distribution system with several regional sales branches. Under the continuous review policy, each sales branch places an order to its supplier whenever on hand plus on order inventory falls on the order point, and the order quantity is received after elapsing a certain lead time. This research first shows the method how to apply the product with low lever of demand into the continuous review policy. For the application, we use an order level as the maximum level of inventory during an order cycle. Also we analyze the lost sales case as a customer behavior. Further we use variable demands and variable lead times for more realistic situation. Based on the above circumstances, the research mainly discusses those methods to decide the optimal order level, order point, and order quantity for each sales branch which guarantees the system wide goal level of service, while keeping the minimum level of the system wide total inventory.

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