• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.25-62
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• 2014

Avoidance refers to the process of terminating a contract because of a non-performance. It implies the right of the aggrieved party to refuse to accept further performance by the other side and to refuse to perform one's own counter-obligations, on a permanent basis. The 1980 U.N. Convention on the International Sale of Goods, hereinafter 'CISG', regulates in Arts. 81-84 the effects of avoidance. The primary effect is that prescribed in Art. 81.1 CISG: both parties are released from their obligations under the contract, subject to any damages which may be due. As seen, the CISG deals with the legal consequences of avoidance, including restitutionary claims. However, a closer look to CISG provisions on restitution reveals that certain matters are left open. For instance, the CISG leaves open questions such as the costs, place and time where restitution is to be made. In this particular, the Convention remains silent as to the consequences of a delayed or refused restitution or the buyer's liability when the goods are damaged or destroyed after the avoidance. In light of the above, the present article attempts to determine the extent to which the modes of restitution are regulated in the CISG and how possible gaps are to be filled.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.18 no.2
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• pp.217-226
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• 2018

Since the sides of a vehicle are designed asymmetrically unlike its front or rear, the degree of deformation of the car body greatly differs depending on the site of collision if a broadside collision takes place. When elastic deformation and plastic deformation occur in the car body occur due to a collision, the kinetic energy is absorbed into the body, and the momentum decreases. Generally, an analysis of traffic accidents analyzes the vehicle's behavior after a collision by the law of momentum conservation and corrects the error of the amount of energy absorption due to the deformation of the car body, applying a restitution coefficient. This study interpreted a finite element vehicle model applying the structure of the car body and the material properties of each part with LS-DYNA, analyzed the result and drew the restitution coefficient and the depth of penetration according to the contact area of the vehicle in a broadside collision between an SUV and a passenger car. When the finally calculated restitution coefficient and depth of penetration were applied to the examples of the actual traffic accidents, there was an effect on the improvement of the error in the result. It was found that when the initial input value, drawn using the finite element analysis model, it had a higher reliability of the interpretation than that of the existing analysis techniques.

• Proceedings of the Korean Institute of Landscape Architecture Conference
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• 2007.10b
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• pp.107-112
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• 2007

This study had the purpose to restore imaginary environment involved to symbolic thinking system of Eastern culture discontinued by scientific and reasonable rationalism of Western. To restore imaginary environment, this study selected example places such as Seoul, Beijing, Kyoto which were ancient cities of Korea, China, Japan each and used hermeneutics and phenomenological access method to draw out the element of imaginary environment by analyzing historical and cultural view of example cities. Through comparison and re-interpretation of historical and cultural view of three countries[Korea, China, Japan] in Northeast Asia, as the result of drawing imaginary environment involved within it, it was structured that the spirit and the factor of natural environment of places involved to each cities were reflected as the factor of civilized environment, organized that each element was united, and more sanctified the spirit of place step by step. This study has the meaning as first trial which comparatively analyzed city spaces of existent place of human life by new concept called imaginary environment. It may has the meaning that verifying the universality of imaginary environment involved to historical and cultural view of three Northeast Asian countries, however, there was limitation to examine specificity up to detailed elements of each city.