• 한국IT서비스학회지
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• 제2권2호
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• pp.31-38
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• 2003

The rapid growth of Korean SI (System Integration) industries have established the largest marketplaces in Korea. Due to the characteristics and importance of SI industry, SI contract between developer and outsourcer is very much important. SI contract have the specific legal characters of undertaking, trust, mandate and etc. However, this paper attempts to establish the particular legal system of SI contract.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2021년도 봄 학술논문 발표대회
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• pp.155-156
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• 2021

Most of the construction works in domestic are not direct undertaking work, but by a contract method including subcontracting. Therefore, a general contractor for each project jointly carry out construction work with a specialty contractor for each engineering type. However, in terms of contract, this method is not a joint venture contract, but a subcontract. Accordingly, this system can cause various problems between the prime contractor and the subcontractor. Therefore, this study aims to extract and present the actual obstacle factors in terms of specialty contract company performing specialty construction work for construction project. The presented contents are expected to present the standard for the cooperation system that the prime contractor and the subcontractor can win-win.

• 무역상무연구
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• 제26권
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• pp.35-86
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• 2005

International distributorship contract(IDC), as well as international agency contract is a type of contract which is most frequently used in international trade. But one of the main difficulties faced by parties of IDC is the lack of uniform rules for this type of contract. This means that both parties should be careful about each clause of the contract when they draw up it. The ICC prepared model form which incorporates the prevailing practice in international trade, and which aims at protecting and balancing the legitimate interests of both parties. This author examined the several important clauses in this model contract. The purpose of this examination is to help the contracting parties for better understanding and applying them in their actual contracting practice, which based on this model contract. When the supplier and the distributor execute their contract or use ICC Model Contract, they should be careful about the following points: First, some terminologies(like, "territory", "product", "competing products" and "exclusivity") should be clearly defined in their contract. Second, regarding the supplier's functions including "supplying products" and the distributor's responsibility including "undertaking not to compete", and "attaining guaranteed minimum targets", both parties should make clear about each party's right and obligation as well as one party's remedies available when other party makes breach of its obligation. Third, both parties should examine the relationship between the "exclusivity" or "sole" and competition law which is regarded as a mandatory rule in the territory. Forth, when both parties lay down "termination clause" in the contract, they should make clear about the indemnity in case of termination. Fifth, as there is not uniform law for the distributorship contract, it is inevitable to choose any local law as an applicable law in case of litigation. So both parties should keep in mind to insert arbitration clause to avoid the application of the local law. Besides, both parties should consider their individual and specific circumstances and try to reflect them in their contract by Annex I to XI attached to the end of model contract.

• 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.

• 국제학술발표논문집
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• The 3th International Conference on Construction Engineering and Project Management
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• pp.995-999
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• 2009

Before a contractor embarks on exporting its services, it needs to know if it is likely to succeed. This research developed two prediction models to help contractors in Singapore predict the number of projects (Y1) and the contract values (Y2) that they are likely to secure from overseas. Detailed characteristics of 60 contractors who export their services (exporters) were obtained from the database of registered contractors in Singapore. Multiple linear regression models were developed and tests showed that Y1 is a robust model. A contractor's chance of winning more overseas projects may be predicted by the number of projects it acted as a subcontractor; the variety of projects it undertakes; the total contract value in the domestic market; and the number of countries it exported its services to. It is recommended that contractors who are planning to export their services be flexible instead of adopt a focused policy of undertaking only one or two project types in a few selected countries.

• 항공우주정책ㆍ법학회지
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• 제31권2호
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• pp.37-72
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• 2016

항공우주분야에서 특수 목적 항공기 이외에도 시제기, 무인비행장치, 우주발사체 등 다양한 형태의 제작물공급계약이 증가하고 있다. 도급인의 입장에서는 거액의 비용을 지출하여 제작물을 공급받기로 예정되어 있었는데, 제품의 품질과 성능의 기준을 제시하는 구매규격서가 부실하거나 성능미달여부를 판단할 만한 능력이 부족한 경우에는 목적 달성 불능 이외에도 막대한 시간과 비용을 소모하게 된다. 수급인으로서도 계약 목적 달성에 필요한 성능과 품질을 갖춘 제작물을 공급할 능력이 없음에도 불구하고 무리하게 계약을 체결하게 되면, 일의 미완성에 따른 매몰비용과 계약해제에 따른 손해배상을 감수하여야 하므로 막대한 손해가 발생한다. 대상사안에서 피고는 원고에게 구매규격서에 규정된 바와 같이 ILS Offset 비행이 가능한 Happy Box 방식에 의한 항공기를 납품하도록 하였으나, 원고는 RNAV 방식에 의한 항공기를 납품하려고 하였다. RNAV 방식에 의하여도 ILS 지상신호의 검사가 가능하더라도 원고가 주장하는 방식으로 제작된 항공기는 구매규격서에서 요구한 ILS Offset 비행기능을 갖추지 못하여 피고가 구매규격서에서 요구한 목적을 달성할 수 없으므로, 이를 이유로 한 피고의 계약해제가 적법한지 여부가 문제되었다. 이 사건 계약의 목적물인 항공기는 부대체물에 해당하므로 이 사건 계약은 도급의 성질을 가지고, 따라서 이 사건 계약에서 일이 완성되었다고 하려면 항공기의 주요구조 부분이 약정된 대로 제작되어 사회통념상 일반적으로 요구되는 성능을 갖추고 있어야 한다. 그런데 원고가 납품한 항공기는 구매규격서에서 요구한 ILS Offset 비행기능을 갖추지 못하여 피고가 구매규격서에서 요구한 목적을 달성할 수 없으므로 중대한 하자가 있고, 이러한 하자는 원고가 보수하는 것이 불가능하므로, 이를 이유로 한 피고의 계약해제는 적법하다.

• 한국국방경영분석학회지
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• 제31권1호
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• pp.14-25
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• 2005

Defense offset is considered to be all effective way of acquiring defense critical technologies and arms components as a counter-trade obligation ill defense acquisition contracts. Although arranging the offset contracts is wide]y perceived as necessary, there hardly exists an acceptable model of valuation of the offset technology. By undertaking the technology valuation approach and applying the option approach tn the offset program, we present an offset technology valuation model that maximizes social net benefit of the countries transferring the technology. This article applies our model to an actual case of defense technology transfer in the Republic of Korea. The contribution of this paper is in applying the option approach to the valuation of defense onset technology, providing for the additional flexibility to tile analysis. Our research suggests several policy implications that can be applied to the actual process of defense offsets. Our results elucidate managers' role and responsibilities in designing such a process by applying option approaches.

• 무역학회지
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• 제43권4호
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• pp.89-110
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• 2018

본 연구는 신용장거래에서 은행의 독립지급의무 및 이 의무에 대한 예외적인 취급원칙과 방향에 대한 문제를 소재로 취급하였다. 독립원칙과 독립원칙에 대한 예외문제는 신용장의 본질에 관계되지만 국가마다 이러한 문제를 취급하는 태도에 차이가 존재한다. 본 연구에서는 영국에서의 태도를 분석하기 위해 독립원칙과 예외문제를 취급한 판례 중에서 지도적인 판례로 인정되는 사례를 중심으로 하여 독립원칙과 예외문제를 취급하는 영국의 입장을 분석하였다. 영국법원은 가능한 한 상인들 간에 형성되어 온 상관습을 존중하려는 입장을 취해 왔으며 독립원칙의 실무적인 적용에 있어서도 이러한 입장을 반영하여 독립원칙의 중요성을 강조하면서도 실질적으로는 개개의 사안마다 당사자의 형평을 고려하여 예외문제를 취급하여 왔다. 그러나 미국의 Sztejn 사건을 계기로 하여 영국에서도 독립원칙의 적용에 대한 태도의 변화를 보여 신용장거래에서의 사기뿐만이 아니라 기초계약에서의 사기도 독립지급의무에 대한 예외사유로서 인정하기 시작하였다. 그렇지만 독립원칙에 대한 예외의 운영방식에 따라 신용장제도의 존재의의가 상실될 우려가 있고 또한 발행의뢰인에 의해서 예외적용을 남용할 가능성도 있다는 문제점들을 감안하여 영국은 비록 사기적인 요소가 존재하지만 수익자 자신이 선의의 입장에 있는 경우에는 수익자를 보호하는 입장을 채택함으로써 예외인정과 예외의 남용문제 간의 조정을 도모하고 있다.

• 한국중재학회지:중재연구
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• 제16권1호
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• pp.277-314
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• 2006

This article aims at analysing the reality of banks' liability resulting from the breach of contract on its part to keep the business secrecy with the supplier in the transferable credit, focusing on a English decision, Jackson v. Royal Bank of Scotland [2005] UKHL 3. In this case, the applicant, 'Econ', had purchased various varieties of pre-packed dog chews in bulk through 'Sam'(lst beneficiary) from 'PPLtd'(2nd beneficiary) in Thailand, using a transferable letter of credit issued by 'RBank'. 'Sam' charged a tremendous amount of mark-up on each transaction and it had not been disclosed to 'Econ', although the identity of 'PPLtd' was revealed to 'Econ' by various documents. However, 'RBank' made an unfortunate error to send an completion statement and other documents including 'PPLtd.'s invoice to 'Econ' instead of to 'Sam'. The effect of the Bank's error was to reveal to 'Econ' the substantial profit that 'Sam' was making on these transactions. CEO of 'Econ' was furious and, as a result, decided to cut 'Sam' out of its importing system and terminated their relationship. 'Sam' sued 'RBank' for damages to recover the loss of profits which could have been possibly made, if the information on the mark-up would not have been exposed to 'Econ'. The House of Lord held that 'RBank' was in breach of its duty of confidence, so 'Sam' was entitled to recover damages on a decreasing scale over 4 years, since there was no specific undertaking from the letter of credit.

• 무역상무연구
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• 제47권
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• pp.157-182
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• 2010

A counter-guarantee is an independent undertaking and it functions in the same way as an ordinary independent guarantee. However, the typical notion of independence which applies to the relationship between the guarantee and the underlying contract cannot be exactly transposed to the relationship between the counter-guarantee and the primary guarantee, because the primary guarantor bears its duties that derive from the mandate. In this respect, this study reviews, with some critics, a Korean appellate court's decision and argues that, in spite of the principle of independence between the counter-guarantee and the primary guarantee, the primary guarantor may not be entitled to reimbursement from the counter-guarantor, if it is objectively evident that the primary guarantor has failed to perform its duty of verifying compliance under the primary guarantor or if it is objectively evident that the primary guarantor knows that it is objectively evident that there was fraudulent calling by the beneficiary under the primary guarantee.