• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.3-25
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• 2006

This study focus on interest for arrears and filling of the gaps left in Article 78 of CISG. In the case of CISG, Article 78 provides for interest any time a payment under a contract is untimely, but does not specify a particular rate of interest or a method to determine such a rate. This issue did not cause any uncertainty under ULIS, the CISG's antecedent, since Article 83 of ULIS provided for 1%p above the official discount rate in the creditor's country. Lacking any CISG general principle as well as any indication by the very same CISG, one can only conclude that the matter must be deferred to the domestic rule of private international law. Actually, resorting to private international law is not only admissible, but expressly required by Article 7(2). In the interpretation and filling of the gaps left in Article 78, there is a considerable difference of opinion especially amongst commentators on whether the gap is a lacuna praeter legem, i.e., one being governed by, but not expressly settled in the CISG, or whether it is an issue falling outside the scope of application of the CISG, i.e. a lacuna intra legem. The protagonists of the former view lay emphasis on the overall objective of the CISG, namely to create a uniform law, whereas the supporters of the latter view refer to the legislative history of Article 78 as the dominant principle in interpreting Article 78. Some authors believe that the issue of determining the rate of interest is not dealt with by CISG and it is, therefore, governed by the applicable domestic law, which is the subsidiary law applicable to the sales contract, since "no special connecting points seem to have developed for the entitlement to interest." In the light of the relevant case law, it seems correct to conclude that the interest rate is not determined by CISG and that courts normally determine it according to their own rules of private international law. While CISG Article 78 expressly does not deal with this issue, PICC Article 7.4.9 and PECL Article 9.508, on the other hand, set forth a precise method for computing interest. Although a method like the one set by PICC may be useful and may encourage uniformity, it still cannot be used under the CISG. The PICC or PECL formula may, however, be a very good starting point in a de jure condendum analysis when a new Article 78 will be drafted, if an interest rate method will ever be embodied in the text of an international convention.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.235-253
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• 2000

As to the sphere of application, Article 78 CISG undoubtedly applies to interest on the purchase price. Furthermore, the provision also applies to "any other sum that is in arrears". This language has been interpreted to encompass expenses that one party had on behalf of the other as well as reimbursements when the purchase price is reduced according to Article 50 CISG. However, it is questionable whether this language also extends to claims for damages. Legal scholars seem to agree that one has a right to interest on damage claims under Article 78 if the amount in question has been liquidated vis-a-vis the other party. Whether this right to interest also applies to unliquidated sums, is controversial, however. In this study, as a result of taking into account the puspose of Article 78, we could find the fact that regardless of whether the exact amount of damages has been specified yet, the breaching party still owes compensation to the other party from the time of the breach and, accordingly, the non-breaching party should be entitled to interest payments on the loss from that time. Consequently, Article 78 applies not only to liquidated but also to unliquidated damages.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.3-32
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• 2012

CISG article 74 establishes the general formula applicable in all cases where an aggrieved party is entitled to recover damages. It provides that damages for breach of contract comprise all losses, including loss of profits, caused by the breach, to the extent that these losses were foreseeable by the breaching party at the time the contract was concluded. An aggrieved party may claim under article 74 even if entitled to claim under article 75 or 76. The latter articles explicitly provide that an aggrieved party may recover additional damages under article 74. Articles 75 and 76 apply only in cases where the contract has been avoided. Article 75 measures damages concretely by reference to the price in a substitute transactions, while article 76 measures damages abstractly by reference to the current market price. Article 76 (1) provides that an aggrieved party may not calculate damages under article 76 if it has concluded a substitute transaction under article 75. If however, an aggrieved party concludes a substitute transaction for less than the contract quantity, both articles 75 and 76 may apply. Pursuant to article 77, damages recoverable under articles 74, 75 or 76 are reduced if it is established that the aggrieved party failed to mitigate losses. The reduction is the amount by which the loss should have been mitigated. Article 78 entitles a party to interest on the price and any other sum that is in arrears.

• Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
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• 2005.05a
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• pp.78-83
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• 2005

This article suggests an improved method for more accurate load forecast for the power system. The authors propose an improved load forecast expert system based on expert's know-how. A field manual for the load forecast can be made using proposed method. The authors expect this article could give a guidance to those who wish to be load forecast expert.

• The Korean Journal of Pain
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• v.29 no.2
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• pp.78-85
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• 2016

Loin pain haematuria syndrome (LPHS) is an uncommon clinical entity that has divided renal physicians, pain practitioners, and even psychiatrists since its initial description. A relative paucity of data exists regarding the condition, with best practice guidelines lacking amid the existing threads of anecdotal experiences and variable follow-up observations. The aim of this article was to review the cumulative published experience of pain relief strategies for LPHS.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.34 no.7
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• pp.69-78
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• 2018

The purpose of this article is: firstly, to survey architect Rem Koolhaas' preservation theory by reviewing his essays, books, exhibitions, and research projects focusing on preservation-related issues; and secondly, to formally analyse OMA's remodeling projects from 1970's to the present. From this analysis, this article tries to classify OMA's remodeling projects into four distinct categories and to establish, respectively, four generally-applicable remodeling strategies: 1)'Interior-oriented', 2)'Juxtaposition', 3)'Infill' and 4)'Cohesion.' Finally, this article argues that these remodeling strategies can be interpreted as a consistent pursuit of integration of various programmatic elements.

• Journal of Trauma and Injury
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• v.28 no.3
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• pp.182-189
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• 2015

Purpose: We performed a quantitative and qualitative analysis in the Journal of the Korean Society of Traumatology (JKST) by Bibliometrics to know the trends of articles. Methods: We reviewed articles in the JKST retrospectively through 1988 to 2014. Articles were classified into original articles, case reports, review articles, and also it is further classified as topics and the information related to the Department of Medicine of corresponding author. Original article was classified prospective and retrospective studies. Results: 753 studies and average of 27.9 studies per year were posted on JKST. 576 original articles (76.5%) were posted. Retrospective studies around 449 studies (78%) were posted and there were about 35 descript studies and 541 analytic studies. The most common themes were related to abdominal trauma, 144 pieces, 95 pieces following damage to the chest and the 84 pieces of special order of trauma. Emergency department had the highest case whereas general surgery came to the second place. Conclusion: Recently, there has been reduced proportion of original article in JKST. It was not possible to evaluate the Korea Citation index journals due to the fact that it does not correspond to listed register Journal of National Foundation of Korea. There will be the need for the effort to improve the maintenance of the posted article number, as well as the qualitative development of the posted articles.

• Tuberculosis and Respiratory Diseases
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• v.78 no.3
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• pp.180-189
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• 2015

Accurate lymph node staging of lung cancer is crucial in determining optimal treatment plans and predicting patient outcome. Currently used lymph node maps have been reconciled to the internationally accepted International Association for the Study of Lung Cancer (IASLC) map published in the seventh edition of TNM classification system of malignant tumours. This article provides computed tomographic illustrations of the IASLC nodal map, to facilitate its application in day-to-day clinical practice in order to increase the appropriate classification in lung cancer staging.

• Tuberculosis and Respiratory Diseases
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• v.78 no.2
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• pp.64-71
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• 2015

Pulmonary tuberculosis (TB) persists as a great public health problem in Korea. Increases in the overall age of the population and the rise of drug-resistant TB have reinforced the need for rapid diagnostic improvements and new modalities to detect TB and drug-resistant TB, as well as to improve TB control. Standard guidelines and recent advances for diagnosing pulmonary TB are summarized in this article. An early and accurate diagnosis of pulmonary TB should be established using chest X-ray, sputum microscopy, culture in both liquid and solid media, and nucleic acid amplification. Chest computed tomography, histopathological examination of biopsy samples, and new molecular diagnostic tests can be used for earlier and improved diagnoses, especially in patients with smear-negative pulmonary TB or clinically-diagnosed TB and drug-resistant TB.

• Structural Engineering and Mechanics
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• v.78 no.3
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• pp.281-296
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• 2021

This article analyzed the modulus degradation of concrete subjected to multi-level compressive cyclic loading. The evolution of secant elastic modulus is investigated based on measurements from top loading platen and LVDT in the middle part of concrete. The difference value of the two secant elastic moduli is reduced when close to failure and could be used as a fatigue failure precursor. The fatigue hardening is observed for concrete during cyclic loading. When the maximum stress is smaller the fatigue hardening is more obvious. The slight increase of maximum stress will lead to the "periodic hardening". The tangent elastic modulus shows a specific "bowknot" shape during cyclic loading, which can characterize the hysteresis of stress-strain and is influenced by the cyclic loading stresses. The deterioration of secant elastic modulus acts a similar role with respect to the P-wave speed during cyclic loading, can both characterize the degradation of the concrete properties.