• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.253-276
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• 1999

CISG articles 34 and 37 clearly allow the seller to cure any nonconformity in documents of sale or performance prior to the date for delivery if it does not cause the buyer unreasonable inconvenience or unreasonable expense. CISG article 48 allows a seller to cure the performance even after the date for delivery if it does not cause the buyer unreasonable delay, unreasonable inconvenience or unreasonable uncertainty of reimbursement by the seller of expenses advanced by the buyer. The wording any failure to perform is broad enough to include a delay. The seller's right to cure relates to all his obligations. The seller may remedy 'any failure to perform his obligations'. This language is broad enough to include a defect in documents. In some cases the fact that the seller is able and willing to remedy the non-conformity of the goods without inconvenience to the buyer, may mean that there would be no fundamental breach unless the seller failed to remedy the non-conformity within an appropriate time. It cannot generally be said what unreasonable inconvenience means. This can only be decided on a case-by-case basis. The seller must bear the costs involved in remedying a failure to perform. The curing of a failure to perform may have influence on the amount of the damage claimed. Insofar as the seller has the right to cure, the buyer is in that case obliged to accept the cure. If he refuses to do so, he can neither avoid the contract nor declare a reduction in price. This rule clearly shows the underlying concept of the CISG, to keep to the contract, if possible. Should the buyer requires delivery of substitute goods and the seller offers repair, it depends on the expense each case. The buyer must receive the request or notice by the seller. The relationship between the seller's right to cure and the buyer's right to avoid the contract is unclear. The buyer's right to avoid the contract should not nullify the seller's right to cure if the offer is reasonable. In addition, whether a breach is fundamental should be decided in the right of the seller's offer to cure.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.37-58
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• 2016

CISG Article 50 contains the remedy of price reduction but limits it if the seller has a right to cure. Reduction of price presupposes that the seller delivers non-conforming goods, and that the buyer decides to accept them nevertheless. The remedy of price reduction differs from all other remedies provided in CISG with regard to it effects and to the time-limits. As to the time-limits, unlike Articles 46 and 49, Article 50 does not contain the element within a reasonable time. CISG imposes no period of time for his reducing the price. The buyer's right to declare a reduction of the price is expressly subject to the seller's right to remedy any failure to perform his obligations pursuant to Articles 37 and 48. The problem lies in determining from where to take the figures for comparing the value of the goods contracted and of those delivered. The price level in this place will usually determine his considerations as to resale or repair of the defective goods. The buyer must examine the goods, or cause them to be examined, within, as short a period as is practicable in the circumstances. The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.39-64
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• 1999

Under the CISG, there is a unequitable factor in comparing buyer's remedy with seller's remedy. In my opinion, CISG is more unequitable remedy clause than UCC or UNIDROIT principle of International Commercial Contract(1994) between seller and buyer. First, buyer who accepted defect goods must give seller notice the facts that seller delivered defect goods in two years after accepting defect goods. The cap of two year is unreasonable in a position of aggrieved buyer. This is being provided as 'within reasonable time' in UCC and there is no such provision in UNIDROIT Principle. Second, Buyer can avoid contract when seller breached fundamentally contract or seller didn't set a additional performance period about breaching of contract. Accordingly if buyer would not set a additional performance period, although seller's breachment of contract, he could not avoid the contract. Therefore, From a viewpoint of aggrieved buyer avoidable right of contract is restrainted. Third, to compare seller's remedy with buyer's, seller have more opportunity to cure breachment of contract than buyer. Under the CISG buyer is relatively placed at disadvantage in remedy of aggrieved party. In connection with remedy of aggrieved party, 'UNIDROIT principle of international commercial contracts' instead seller and buyer of aggrieved party, so there is not unequitable factor in remedy of aggrieved parties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.515-536
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• 2000

This study analyzes the U.S. case law which challenges the legal conclusions of the district court with respect to the applicability, and effect, of the doctrine of waiver and estoppel in addition to the doctrine of documentary cure. The impliations are as follows. First, the documentary cure requirement can not be interpreted to mean early enough to allow the beneficiary to cure and represent the documents before the presentment deadline or expiry date of letter of credit. The mere fact that the presentment period expired before the completion of bank's review and notification process does not compel any conclusion about whether the examiner spent a reasonable amount of time examining the documents. Indeed, the reasonable time requirement does not imply that banks examine a presentation out of order or hurry a decision based upon particular needs or desires of a beneficiary. Secondly, even if the doctrine of waiver can apply to letter of credit governed by the strict compliance standard, a one-time acceptance of discrepant documents by a bank does not waive the bank's right to insist upon conforming documents in all subsequent letter of credit transactions between the bank and beneficiary. Revised UCC Article 5 is highly persuasive on this point: waiver of discrepancies by issuer or an applicant in one or more presentation does not waive similar discrepancies in a future presentation. Neither the issuer nor the beneficiary can reasonably rely upon honor over past waivers as a basis for concluding that a future defective presentation will justify honor.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.3-36
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• 2005

Most legal systems provides the aggrieved buyer with a right to put an end to the contract. Unlike Civil Law systems, the right is rather complicated and uncertain in Common Law systems because they do not sharply distinguish between a refusal which amounts merely to a defence in the nature of the exceptio non adimpleti contractus, and one which is intended to abrogate the aggrieved party's obligations completely and to seek restitution of what he has already performed. That is, they do not draw any sharp distinction between the right of rejection or revocation and the right to put an end to the contract. This explains why the right to put an end to the contract under Civil Law systems are often compared with the right of rejection or revocation under Common Law systems in most academic papers. Having said that, this article describes and analyzes in detail the relevant UCC rules to the buyer's right of rejection and revocation, particularly the rules on the requirements for the right of rejection or revocation. This is for the purpose of providing legal advice to our sellers residing either in U.S.A. or in Korea who plan to enter into U.S.A markets and take academics' interest in the buyer's right which is deemed to be unique compared to the Civil Law systems. In addition, the study attempts to compare the rules as to the right of rejection and revocation under the UCC with those of English law which are stipulated mainly in the Sale of Goods Act (1979) in a statutory form. This may help one better to understand the rules of the UCC which are mostly originated with English law and to find in what way the rules of the UCC depart from those of English law.

• Journal of Yeungnam Medical Science
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• v.3 no.1
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• pp.333-337
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• 1986

Three cases of intestinal lipoma near the ileocecal valve are described. In patients of cecal and ileocecal valve lipoma, they had right lower quadrant abdominal pain secondary to partial intestinal obstruction. In rarely developed segmental lipomatosis of the ileum, the patient had right abdominal mass and pain to fecal impaction of the diverticula. Diagnosis may be made by an abnormal roentgenographic pattern and confirmed by colonoscopy. Surgical removal of the affected segment results in cure in symptomatic patients.

• The Journal of Korean Medicine
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• v.18 no.2
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• pp.148-154
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• 1997

In the pharmacology of traditional Korean medicine, each drug has its own specific characters. The different characters of drugs are employed to treat diseases, rectify the hyperactivity or hypoactivity of yin or yang, and help the body restore its normal physiological functions, consequently curing the diseases and restoring health. The various characters and functions of these drugs concerning medical treatment include drugs' properties, flavours, actions of lifting, lowering, floating and sinking, channel tropism, toxicity, etc. Among these theories, theory of properties and flavours of drugs provides the basis for drug analysis and application. 'Property' refers to the cold, hot, warm or cool nature of a drug. These properties of drugs are so sorted out according to the different actions of the drugs on the human body and thier therapeutic effects. Drugs which cure heat syndrome(yang syndrome) have a cold or cool property, whereas drugs which cure cold syndrome (yin syndrome) have hot or warm property Drugs of cold and cool-natured and drugs of warm and hot natures are of opposite properties. A cold-natured drug is different from a cool-natured on only in degree, and so is a warm-natured drug from a hot-natured drug. Most of the cool- or cold- natured drugs have the effects of clearing heat, purging fire, removing toxic substances, and nourishing yin, and are uese to cure heat syndromes. On the contrary, drugs of warm or hot nature usually have the effects of dispersing cold, warming up the interior, supporting yang, and treating collapse, and are therefore used to treat cold syndromes. We thought that the property of drug may be related to the autonomic nervous system in western medicine. In other words, drugs of warm or hot nature increase heart rate or acts like sympathomimetics, and drugs of cool or cold nature decrease heart rate or acts like para sympathomimetics . According to this hypothesis, we administrated some drugs to isolated rat right atrium in magnus tube. But there is no correlation between 'property' in traditional Korean medicine and autonomic nervous system in western medicine.

• Journal of the Korea Society of Computer and Information
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• v.21 no.7
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• pp.23-30
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• 2016

In this paper, we propose a portable art therapy content. The proposed content makes counseling clients get a psychical cure at least cost regardless of time and place Counseling clients express their psychological state as pictures through the proposed content. And Counselors analyze and interpret the figures based on the database which is built into the server system. Due to the development of advanced technologies, various adjustment disorders and addictions have increased in the rapidly changing modern society. This causes the increase of counseling clients who want a psychical cure. And also counseling time, counseling place and counseling cost are emerging as a social issues. Psychotherapy specialists use the proposed content at the stage of the psychoanalysis which needs a lot of time and effort. The proposed content exploits the sever system to make the right decisions quickly and accurately. Counseling clients who are the medical underprivileged get visit consultation and online consultation can detect a psychological high-risk in an early stage and prevent this psychological high-risk. Preventive treatment service using the proposed content will make the social and medical cost savings.

• Journal of Chest Surgery
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• v.28 no.8
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• pp.772-777
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• 1995

Bronchoplastic procedure has been considered as an appropriate surgery for traumatic bronchial disruption and occasionaly for primary bronchial tumors or tuberculosis because it can bring preservation of pulmonary tissue for patients without compromising the chance for cure. Nowadays bronchoplastic procedure is also applicable for the selected cases of bronchogenic carcinomas with favorable long term survival, when compared to standard pneumonectomy.Eighteen bronchoplastic procedures were performed with or without pulmonary resection at Department of Thoracic and Cardiovascular Surgery, Catholic University Medical College, between 1990 and 1994. The patients were 11 men and 7 wemen with average age of 57 years [range, 19 to 71 years . Tumor comprised 56% of the lesions, including 6 squamous cell carcinoma [33% , 2 bronchial adenoma [11% , 1 leiomyoma and 1 metastatic osteogenic sarcoma. Cicatrical stenosis secondary to endobronchial tuberculosis and traumatic disruption occurred in 6 [33% and 1 patient respectively.Applied bronchoplastic procedures were as follows ; sleeve lobectomy, 8 cases [right upper : 6, left upper : 1, right middle : 1 : bronchial segmental resection without pulmonary resection, 2 cases : sleeve bi-lobectomy, 1 cases :patch dilating bronchoplasty with or without concomitant lobectomy in 7. There was no perioperative mortality. Morbidity in 4 patients included 1 transient recurrent laryngeal nerve palsy, 1 unstability of bronchial patch resulting atelectasis of afftected lung and 2 bronchial stenosis of anastomotic site.Throughout our experiences, we feel strongly that bronchoplastic procedure is a safe and effective surgical method preserving normal pulmonary tissue below affected bronchus for the wide range of various bronchial lesion including selected cases of bronchogenic carcinoma with acceptable complication and mortality.

• Herbal Formula Science
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• v.13 no.2
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• pp.59-69
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• 2005

Samyoyongantang (SMY), a herbal medicine, has been used as cure for gangrene. To evaluate anti-inflammatory effect of samyoyongantang, we treated samyoyongantang extract in animal model system induced contact hypersensitivity. Contact hypersensitivity, a local inflammatory response of the skin, was induced by 1% DNCB on the right ear of BALB/c mouse. Samyoyongantang was prepared as water extract and administrated everyday for 2 weeks per oral. A right ear of mouse was potently swelled by 1% of DNCB treatm ent, but a mouse ear thickness was significantly reduced by samyoyongantang after 2 we eks treatment. Samyoyongantang reduced IgG in serum obtained from blood of 1 % DNCB-treated mouse. IgE in serum was not changed by samyoyongantang treatment. From these results, anti-inflammatory effect of samyoyongantang, especially reduction of ear swell ing, might be partly due to reduction of IgG in serum.