• 제목/요약/키워드: Delivery of The Goods

검색결과 232건 처리시간 0.029초

계약을 중심으로 하는 국제무역거래과정의 이해 - 정형거래조건을 중심으로 - (Understanding of the Procedure of International Commercial Transaction under Contractual Approach Method)

  • 오원석
    • 무역상무연구
    • /
    • 제41권
    • /
    • pp.3-21
    • /
    • 2009
  • To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

  • PDF

자동배차 지원시스템의 휴리스틱 알고리듬 설계 (Design of Heuristic Algorithm of Automatic Vehicle Delivery Support System)

  • 이명호
    • 디지털융복합연구
    • /
    • 제11권3호
    • /
    • pp.181-187
    • /
    • 2013
  • 공급자와 소비자간의 정보공유는 기능 중심에서 프로세스 중심이 되면서, 유연성과 고객 서비스를 극대화하기 위한 새로운 물류 개념을 요구하게 되었다. 다시 말하면 원부자재의 조달에서부터 생산을 거쳐 고객에게 판매되기까지의 전 과정에 걸친 개체간의 수요와 공급의 사슬관계를 의미하는 공급망 내에서 정보, 자금 그리고 물의 흐름을 관리 통제하는 공급사슬경영(SCM)이 사업의 핵심역량으로 인식되고 있다. 또한 국내 기업들의 수 배송 업무의 합리화는 국내 기업 물류관리의 가장 중요한 과제중의 하나로 부각되고 있다. 물류센터로부터 각 거래처로 물품을 배달하는 배송업무의 경우에는 기업의 물류정보시스템이 상류 중심의 데이터 체계로 구축되어왔기 때문에 물류관리 업무의 합리화에 활용할 수 있는 기초 데이터 부재와 현실적인 제약조건들을 고려한 효율적인 자동배차 알고리듬을 적용하지 못했기 때문에 배차담당자들의 수작업 조정시간이 장시간 소요되었다. 따라서 본 논문에서는 현실적인 다양한 제약조건을 만족하고, 수작업 조정시간이 대폭 줄이면서, 우편중심 좌표를 이용한 차량별 근거리 그룹핑으로 자동배차 지원시스템의 휴리스틱 알고리듬을 설계하도록 한다.

EC Directive상 하자물품에 대한 매수인의 구제제도에 관한 비교연구 (Remedies for the Seller's Delivery of Defective Goods under EC Directive in Comparison with English Law, Korean Law and CISG)

  • 이병문
    • 무역상무연구
    • /
    • 제19권
    • /
    • pp.33-66
    • /
    • 2003
  • This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.

  • PDF

위치정보가 기록된 RFID를 이용한 택배차량용 내비게이션 시스템 개발에 관한 연구 (A Study on Development of A GPS navigation system based on RFID which contains location information)

  • 심진범;한영근
    • 대한안전경영과학회지
    • /
    • 제12권1호
    • /
    • pp.113-118
    • /
    • 2010
  • "Domestic delivery service" is defined the service to deliver goods or packages from point of senders to point of receiver. With the characteristics of door to door, it is must a service provider should know the exact location of destination assuring best utilization of moving path. Generally, location information consist of postal code and address only, which result in difficulties to identify the precise location of destination. It is relatively less correlated between the information that address refers and practical location in Korea address system. For example, the next door to house number 100 is not always house number 101. Therefore, a delivery man additionally uses a paper map or a GPS navigation which carry extra job to input every code of location to the device in order to know precise location. It is also very inconvenient that every delivery man identify the location that address information refers and make a personal decision of the optimum moving path dropping each destination without calculating provisioning process of whole delivery path. As explained above, it is inefficient to find information delivery service required and to generate the optimum path. In results, these difficulties bring in delay of service and increase of cost. In this point, the contents of the thesis suggest a GPS navigation system easy to obtain accuracy of delivery information which enables to automate optimum moving path based on RFID which contains location information.

영법(英法)에 있어서 보험기간(保險期間)의 확장(擴張)에 관한 일고찰(一考察) (A Study on the extension of duration of risk in the England marine insurance)

  • 도충구;이원근
    • 무역상무연구
    • /
    • 제15권
    • /
    • pp.137-165
    • /
    • 2001
  • The study on the duration of risk in the marine insurance has been paid a great attention because the marine insurance has to provide several indemnity conditions including the one to be compensated the loss when the accident happens. The research examines as to how the duration of risk has been extended from the beginning period to now. The results show the duration of risk has been continually extended in terms of place and time by a dramatic change of environment related to the marine insurance including marine transportation, a variety of goods, development of marine communication, many different trading conditions, etc, and requirement of the assured. The validity of the duration of risk is effected when the ship leaves at the port and is terminated when the ship arrives at the final destination. It in the Lloyd's age has been started when the products was charged to the ship and terminated when the one was safely discharged to the destination. Recently, the duration of risk in England Marine Insurance attaches from the time the goods leave the warehouse or place of storage at the placed named for the commencement of the transit, continues during the ordinary course of transit and terminates on delivery to the consignees or other final warehouse or place of storage at the destination named. Further research on the extension of the duration of risk must be conducted according to the being large scale of the ship and goods.

  • PDF

매수인의 부적합 통지 내용의 상세정도에 관한 연구 (A Study on the Buyer's Specificity Requirement of the nature of the lack of the Conformity)

  • 허광욱
    • 무역상무연구
    • /
    • 제39권
    • /
    • pp.27-55
    • /
    • 2008
  • The concept of non-conformity is stipulated at Art. 35, CISG. According to the Art. 35, there is no directly stipulated concept of non-conformity. But Art. 35 said that the Seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Accordingly, the concept of non-conformity contains the conformity of quality, quantity, description, delivery of different goods and documents. Art. 39 does not specify the form of notice required. So parties can require a particular form by agreement. If there is no agreed form of notice, buyer' s notice must be sent by means appropriate in the circumstances. And Art. 39 states that the required notice of lack of conformity must be given to the seller. Notice of defects conveyed by the buyer to an independent third party is not found to have been given by means appropriate in the circumstances. And Art. 39 is subject to the parties' power under Art. 6 to derogate from or vary the effect of any provision of the Convention. When determining which requirement must be satisfied by the buyer is specifying the nature of any lack of conformity, a mixed objective-subjective standard should be applied, which has regard to the respective commercial situation of the buyer and the seller, to any cultural differences, but above all, to the nature of the goods. Also to determine the specificity requirement is to satisfy the purpose of notice of lack of conformity.

  • PDF

국제물품매매에서 승낙사례에 관한 고찰 (A study on the Cases of Acceptance in Int'l Sale of Goods)

  • 하강헌
    • 무역상무연구
    • /
    • 제43권
    • /
    • pp.25-52
    • /
    • 2009
  • An acceptance is effected by a statement or other conduct of the offeree indicating assent. Silence or inactivity does not in itself amount to acceptance. An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. It uses in stating rules on whether an acceptance is too late to form a contract and an offeree may withdraw an acceptance after transmission. The offeree may indicate assent by performing an act such as one relating to the dispatch of the goods or payment of the price without notice to the offeror. The acceptance by action also is to be performed within the time fixed between the parties or within a resonable time. However, an oral offer must be accepted immediately by an offeree. After an acceptance by action, the offeree avoid revocation of an offer by giving the offeror prompt notice to that effect. Even if a reply an offer contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter offer, the reply to an offer contains additional and different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offeror objects to the discrepancy or to that effect. Additional or different terms relating to the price, payment, quality & quantity of the goods, time & place of delivery, a party's liability or the settlement of disputes are considered to materially alter the terms of the offer.

  • PDF

국제물품매매계약에서 매도인의 물품인도의무 위반에 대비한 손해배상액의 예정조항 (Liquidated Damage Clause: LD조항)의 활용에 관한 연구 - ICC Model International Sale Contract를 중심으로 (A Study on the Use of LD Clause against the Seller's Breach of Delivery of Goods in the Contract for the International Sale of Goods)

  • 오원석;윤영미;이경화
    • 무역상무연구
    • /
    • 제50권
    • /
    • pp.3-25
    • /
    • 2011
  • The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

  • PDF

디지털 상품 거래를 위한 네트워크형 전자결재 시스템 설계 및 구현 (A Design and Implementation of a Network-type Electronic Payment System Optimized for Digital Goods)

  • 한재균;한승조
    • 한국정보통신학회논문지
    • /
    • 제8권7호
    • /
    • pp.1537-1545
    • /
    • 2004
  • 인터넷이 상거래를 변환시키면서, 지불 방법이 인터넷을 통한 상거래를 성공적으로 이끄는 데에 중요한 요소가 되고 있다. 전자 화폐는 기존 실물 화폐가 가지는 모든 특성들을 가지면서 모든 거래에 대해 보안성을 보장해 준다. 따라서 전자 화폐를 기반으로 하는 인터넷 지불 시스템이 향후 전자 상거래에 있어서 안전하고 효율적인 지불 방법으로 기대된다. 디지털 상품과 같은 컨텐츠 상품은 상품의 전달과 대금 지불이 동일 네트워크에서 이루어질 수 있다는 특성을 가진다. 이것은 전자 상거래 시스템의 설계를 최적화하는데 도움이 된다. 본 논문에서는 인터넷을 통한 디지털 상품을 거래하기 위해 특별히 설계된 전자 지불 프로토콜을 제안한다. 제안된 프로토콜은 가상 ID를 사용하여 익명성을 보장하고 지불 단계를 최소화시켰다.

마케팅 믹스를 활용한 패밀리레스토랑의 홈페이지 분석에 관한 연구 (A Study on Homepage Analysis of Family Restaurant thorough Marketing Mix)

  • 진양호;전진화
    • 한국조리학회지
    • /
    • 제9권2호
    • /
    • pp.44-63
    • /
    • 2003
  • This study is about internet marketing of family restaurant through marketing mix and we found out the way which can make to activate by means of analysis of family restaurant's homepage. This study was done as following precedure. First, we've compared between characteristic was based on contents distinctive quality of family restaurant's homepage through the marketing mix. And in the next step, we've compared and ana lysed homepage of family restaurant which was chosed by the internet surfing. In the last, we evaluate strategy of marketing mix which is going well in the each field of business and then research of the way can improve internet-marketing. We draw the findings which is seperated by goods, price, promotion, distribution, other service according to marketing constituents. As a result of study, it is found that each company has given much more weight on some part in internet marketing's field of activity. In general, they put an emphasis on activity of goods and promotion. On the other hands they don't consider prices and delivery to be important compared with other parts. One of the most important things about internet-marketing is that fast and exact feedback and community makes each firm to be able to help to communicate with customer. It's like off-line-restaurant make use of free-coupon and an anniversary service.

  • PDF