• 제목/요약/키워드: Conditions of contract

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주택분양보증사고시 주택도시보증공사 환급이행의 법적쟁점과 개선방안 (Legal Issues and Improvement Measures for Refund Implementation of Housing and Urban Guarantee Corporation in case of Housing Sale Guarantee Accident)

  • 조이운
    • 한국콘텐츠학회논문지
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    • 제21권3호
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    • pp.626-633
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    • 2021
  • 주택도시보증공사는 주택분양보증 사고발생시 환급이행을 신청할 경우 분양계약자에게 특별한 사정이 없는 한 입주금을 환급하여 보증 책임을 부담한다. 주택도시보증공사는 환급이행을 약관규제법에 근거하여 거절할 수 있으나 이와 관련하여 이해 당사자 간에 분쟁이 지속적으로 발생되고 있다. 이에 환급이행에 따른 법적쟁점에 대한 문제점과 개선방안을 연구하는 것을 목적으로 한다. 첫째, 약관규제법상 보증효력 및 보증범위의 문제 둘째, 주택도시보증공사의 조건부 제3자를 위한 보증계약의 문제 셋째, 대법원의 기존 판례의 태도의 문제점을 대상으로 검토하였다. 이런 법적 쟁점들을 검토한 결과 환급이행에 따른 약관해석은 신의 성실의 원칙에 따라 해석되어지고 있으나 개별 사안에 따라 판례들이 긍정과 부정 판결로 갈라질 수 있음을 확인하였다. 또한 주택분양보증은 조건부 제3자를 위한 보증계약임에도 불구하고, 이해 당사자와 같은 적극적 다툼으로 수분양자가 선의의 피해를 보는 것을 확인하였다. 이에 주택도시보증공사가 고객의 주거안정을 위한 설립취지에 맞도록 역할과 협력사항의 개선방안을 제안하였다.

독립보증상의 수익자에 의한 부당청구(unfair calling)에 관한 연구 (A Study on the Unfair Calling under the Independent Guarantee)

  • 오원석;손명옥
    • 무역상무연구
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    • 제42권
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    • pp.133-160
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    • 2009
  • In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

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The Effect of Uncertainty in Sea Trial Measurement System on Speed-Power Performance

  • Seo, Dae-Won;Noh, Jackyou
    • 해양환경안전학회지
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    • 제26권3호
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    • pp.269-276
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    • 2020
  • Sea trial tests are necessary to verify speed-power performance, and are an import contract between ship owners and shipyards. The International Organization for Standardization (ISO) published ISO 15016:2015, which specifies the correlation method between model and full-scale ships. The results of sea trials have been questioned because of the uncertainty of speed and power measurements, especially when sea conditions differ from ideal calm water conditions. In this paper, such uncertainties were investigated by utilizing the standard speed-power trial analysis procedure defined in ISO 15016:2015 through Monte Carlo simulations. It was found that the expanded uncertainty of the delivered power (PDid) at 95 % confidence interval (k = 2) was ±1.5 % under 75 % MCR conditions.

블록체인의 스마트계약을 이용한 콜드체인 서비스 품질 측정 방안에 대한 연구 (A Study on the Measurement Method of Cold Chain Service Quality Using Smart Contract of Blockchain)

  • 김창현;신광섭
    • 한국전자거래학회지
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    • 제24권3호
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    • pp.1-18
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    • 2019
  • 최근 전자상거래의 발전과 온라인 구매 품목의 변화에 따라 제한된 온도 범위 내에서 특별한 보관 및 운송 방식에 대한 요구 사항이 증가하고 있다. 이러한 요구를 만족시키기 위해 콜드체인에 대한 수요가 급격하게 증가하고 있다. 특히, 콜드체인은 복잡한 네트워크 구조를 가질 뿐만 아니라 각 단계별 상품별 관리해야 하는 기준이나 수준이 달라지기 때문에 전체 과정을 투명하게 모니터링하고 품질을 측정하기 위한 방법이 필요하다. 본 연구에서는 블록체인 기술을 기반으로 실시간 데이터 측정 및 공유를 통해 위험 요인을 사전에 예방할 수 있는 콜드체인의 구현을 위해 서비스수준협약 체결을 위한 평가 지표 제안, 블록체인기반 스마트계약 적용 방법, 블록의 구조, 서비스 플랫폼, 응용방안에 대해 제안하였다. 또한, 서비스수준협약 지표를 기준으로 스마트계약을 통해 블록에 측정된 지표와 서비스 이용자의 평판 정보를 기록하는 방식을 제안하였으며, 이를 통해 서비스 제공자뿐 만 아니라 서비스를 이용하는 사용자 입장에서도 합리적 의사결정을 내릴 수 있는 정보를 실시간으로 확보할 수 있게 된다. 본 연구에서 제안하는 프레임워크를 활용하기 위한 서비스 플랫폼을 구축 및 운영한다면 정보의 투명성과 실시간성을 확보할 수 있고, 위험 요인에 선제적으로 대응할 수 있을 것이다.

국제기술협력을 위한 전문기술사의 새 역할촉진방안 (A Reinforcement Proposal of quite new roles by Professional Engineer for International Technology Collaboration)

  • 김순근
    • 기술사
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    • 제15권2호
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    • pp.52-59
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    • 1982
  • This is to intent of the reinforcement proposal for current P.E., qualification code in necessity of improving the foreign technology inducement & technology export between advanced Country and developing or undeveloping Country as Technological Cooperation for mutual benefit. A prosal contains internationally recogniyed general term & conditions of Standard Contract form for Engineering jobs, construction works includings of plant exportation as for additional new basic knowledge for roling of business promotion & finalization in urging of more current jobs internationally to be increment of technological cooperation.

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신용장 악의적 부가조건의 유형과 실무상 유의점 (Classification and Practical Consequences of Malicious Additional Conditions from Letter of Credit)

  • 김희경;박광서
    • 무역상무연구
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    • 제76권
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    • pp.103-123
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    • 2017
  • If additional condition in letter of credit is used in malicious way, it affects the international trade transaction in jeopardy. Therefore, it's significant to identify whether additional conditions are malicious or ordinary in the transaction with letter of credit. In normal cases, thanks to lots of useful features as an international payment method, such as security of payment, legal protection, and versatility, a letter of credit is widely used in international trade. However, even with these advantageous features, a letter of credit is complicate and costly to use, compared to other payment methods. Furthermore, due to its principle of independence from underlying contract, a use of letter of credit creates another type of concern for proper handling and needs significant caution upon field use. At some points, malicious additional conditions are used for buyer's advantage in deal making and fraud instance in worst situation. In addition, some countries request malicious conditions against sellers as a non-tariff barrier. Therefore it's extremely important to recognize whether malicious additional condition exists in letter of credit and, if so, how to deal with it. This study delivers the information to distinguish and categorize the malicious conditions in various cases and to figure out how to deal with them for safer trade with less risk.

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위탁급식계약 개발전략수립을 위한 업체선정 요인분석 (Sales Strategic Planning through analyzing the factors affecting the foodservice management contract)

  • 이보숙;양일선;박진영;김현아
    • 한국식품조리과학회지
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    • 제20권5호
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    • pp.423-435
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    • 2004
  • The purposes of this study were to compare, through a factor analysis, the perceived level of importance of 4 categories of features relating to food service management between salespeople and clients, to establish an effective marketing strategy for successful contracting. To obtain data on the perceived level of importance level of the factors affecting foodservice management contracts, questionnaires were developed using the Delphi technique, which were modified by apilot test. The questionnaires consisted of 4 categories and 19 items on the factors affecting foodservice management contracts, with the importance level of these factors measured on a 5 point-Likert type scale. Between March 12 and April 13 2003, the self-administrative questionnaires were mailed to the 60 salespeople and 280 clients. A total of 50 clients (25%) and 48 salespeople(77%) responded to the questionnaires. As a result, forprivate contracts and in competitive biding, the differences of the perceived importance level between the salespeople and clients of the 3 categories (the appropriateness of foodservice operation plan, sales ability, the conditions and costs of the contract) were significant. For the 5 items relating to private contracts, Field trip, Menu Management Plan, Sanitation and Safety Management, Cost per meal and Food Cost per meal, both the salespeople and clients perceived high levels of importance for all these items. For competitive biding, both the salespeople and clients perceived high levels of importance for the 6 item the Foodservice operation supportive system, Field trip, Menu Management Plan, Renewal plans for interior and environment, Cost per meal and Food Cost per meal.

건설공사의 공기지연과 기회이익의 손실보전에 관한 연구 (A Study on Recoverability of Opportunity Profits Loss upon Time-Delay in Construction Contract)

  • 전재열;이경국
    • 한국건설관리학회:학술대회논문집
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    • 한국건설관리학회 2003년도 학술대회지
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    • pp.359-364
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    • 2003
  • 공기지연과 관련하여 발생하는 간접비(Markup)에 구성된 잠재적 기회이익부분이 계약금액의 조정에서 제한된 계약제도, 배상요건으로서의 법익침해 해석문제, 또는 회계의 비용으로서 인식되지 않음으로 인해 배상되지 않고 있다. 국내외적으로 회계기준은 발생주의, 법익의 개념상 손해배상의 범위를 주로 제한배상주의에 기하여 채택하고 있어 불법행위에 의한 후속적 특수손해인 기회이익의 직접상실손해는 채무로서 인정되지 않아 배상되어지지 않기 때문이다. 따라서 일방의 계약위반으로 공기가 지연된다면, 그로 인한 계약당사자간의 직${\cdot}$간접적인 후속 손해가 발생하게 되므로 그 손해의 크기를 정량화하고 법규정의 배상적용타당성 검증과 배상체계에 관한 합리적 적용방안을 마련할 필요가 있다.

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색상 및 세탁견뢰도의 정량적 분석을 통한 신형 전투복 원단의 색상신뢰성 연구 (A Study on Color Reliability of New Combat Uniform Fabrics through Quantitative Analysis of the Color and Color Fastness to Washing)

  • 홍성돈;김병순;장연주;이정순
    • 한국의류학회지
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    • 제40권3호
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    • pp.456-464
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    • 2016
  • A new combat uniform is improved for added combat safety with various functions such as survivability, battle conformity and a camouflage performance system. Camouflage performance is an important factor in terms of combat survivability since it makes identification difficult and provide security. The combat uniform is worn under extreme conditions (exposure to ultraviolet light, sweat and friction) and an excellent color fastness to repeated washing is required. In this study, we investigated the color management, durability and discoloration of new combat uniform fabric with a digital pattern for camouflage performance to provide preliminary color management data. We examined color differences between standard fabric and mass-produced combat uniform fabrics, color differences between each military supply contract firm and color changes in combat uniforms after 60 washing cycles. The slight color differences between standard fabric and mass-produced combat uniform fabrics were tolerable under quality criteria of Republic of Korea Ministry of National Defense. However, the differences between the military supply contract firms were recognizable to the naked eye and increased with repeated washing. Continuous research on color fastness under repeated washing and color management is required to standardize reliability from each military supply contract firm for the daytime performance of a combat uniform's camouflage.

How the FTA's Utilization in Contract for the International Sale of Goods of Korea's Companies Affects Their Export Performance

  • Park, Jin-Woo;Pak, Myong-Sop
    • Journal of Korea Trade
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    • 제23권4호
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    • pp.80-102
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    • 2019
  • Purpose - This paper aims to articulate relationship about factors influencing FTA utilization by dividing them into company's external and internal factors and performing investigation on the relationship between FTA utilization and export performance. Design/methodology - This study verified factors influencing FTA utilization by dividing them into company's external and internal factors and performing investigation on the relationship between FTA utilization and export performance. Empirical analysis was performed by setting internal and external factors required for FTA utilization as variables. To achieve this, research model was established based on previous study, hypothesis was deduced, and statistical program were used to test the hypothesis. This study performed empirical analysis using statistical program of SPSS 18.0 and AMOS 18.0 for the research model. Findings - Empirical analysis was performed regarding the effect of the FTA utilization on export performance and previous study defined export performance as the company's increased economy benefits through export and increase in new transactions. Analysis was also performed for factors affecting the FTA utilization by the company and through management and response of external factors and internal factors it was confirmed that the FTA utilization by the company led to increase in the company's export performance as a result. This study proposes a method to achieve export performance based on this. Originality/value - Companies seeking to utilize the FTA sign the Contract for the International Sale of goods and there are many conditions to meet in order to receive trade preferences during the transaction process. Existing trade order and order in the FTA have to be followed. Country of origin can be seen as key in the FTA. The Rule of Origin becomes the most important evaluation standard in applying preferential tariff in the FTA. Such regulations can be seen as external factors which cannot be controlled by the company. Internal factors are capabilities owned before that can be controlled by the company. The study sought to test the variables regarding factors centered on such capability. This study verified factors influencing FTA utilization by dividing them into company's external and internal factors and performing investigation on the relationship between FTA utilization and export performance.