• 무역상무연구
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• 제69권
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• pp.23-43
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• 2016

This study describes the exclusion of the seller's liability for defects in title under CISG and UCC. Through comparing two provisions, this article provides contracting parties with guidance regarding choosing governing laws and practical advice. CISG and UCC states not only the seller's liability for defects in title but also the exclusion respectively. Under two provisions, contracting parties who wish to avoid this liability may agree that the liability will not apply. Under UCC ${\S}$2-213(2), the seller's warranty can be disclaimed by specific language in the contract or by the circumstances surrounding the transaction. Although there is no express exclusion provision under CISG Article 41 and 42, Article 6 allows contracting parties to agree that they may exclude the application of the seller's liability. Both Article 42 under CISG and ${\S}$2-213(3) under UCC provide where the buyer furnishes specification to the seller. Under UCC ${\S}$2-213(3), it is the buyer's warranty to hold the seller harmless from any claims which arise from the seller complying with specification furnished by the buyer. But, under CISG Article 42, the seller's duty is excluded if the third party right or claim result from the fact that the seller has complied with specifications provided by the buyer. Therefore Article 42 does not charge the buyer with the duty, but rather limits the circumstances under which he could cause claims under Article 42. Interestingly, CISG has provisions which are absent from UCC. First, under Article 41, the seller escapes the liability if the buyer agree to take the goods subject to the third party right or claim. Second, under Article 42(2)(a), the seller is not liable if the buyer knew or could not have been unaware of the third party right or claim at the time of the conclusion of the contract.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2017년도 춘계 학술논문 발표대회
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• pp.268-269
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• 2017

Apartment building, which has been accompanied by economic growth in Korea, is a home of life and has the value overlapping as housing and assets. The improvement of consumer's eye level and development of related technology and related service development have positive function that enriches society and creates economic wealth. On the other hand, the clash and conflict between stakeholders increase social unrest and waste our competitiveness by economic loss. The term of warranty liability of apartment building is an important issue of defect lawsuits and is only a few quantitative standards. However, in this study, we examined the revision history of the law and ordinances for the reinforced concrete construction. As a result, establishing and revising the relevant standard, there is no definite basis system to support it. To improve this, the efforts to provide the standard for term of warranty liability and quantitative and objective basis to support it should be accompanied continuously.

• 무역상무연구
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• 제12권
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• pp.133-162
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• 1999

The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

• 한국건축시공학회지
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• 제17권4호
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• pp.385-391
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• 2017

공동주택의 공종별 책임 하자 보증기간은 과학적인 분석에 근거를 두지 않고 있어. 기간의 적절성이 분쟁의 원인이 되고 있다. 이에 따라 본 연구에서는 2010~2011기준 국토교통부 하자심사 분쟁조정위원회에 접수된 하자제기건수 중 공동주택 하자 중 가장 많이 제기된 마감공사의 하자실태를 파악하여 하자보수기간의 적절성을 평가하고자 하였다. 마감공사의 하자청구건수를 분석한 결과 대부분의 공종별 하자는 2년 이후에도 나타나고 있으며, 60% 정도만이 하자담보책임기간 내에 청구되고 있는 실정이다. 공종별 하자는 상호간에 연관성을 가지고 있으며 이러한 점은 시공의 관리 차원에서 고려되어 공법의 개선이 필요한 것으로 나타났다. 공동주택의 선호도에 큰 영향을 끼치는 시공능력평가 순위와 하자발생의 상관성이 낮은 것으로 보아 실제 수행하는 전문업체의 하자관련 검증 절차가 필요한 것으로 판단된다.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2015년도 춘계 학술논문 발표대회
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• pp.245-246
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• 2015

Cases of lawsuit and conflict are increasing because of defects in apartments in use after the completion of construction. Further, with changes in the consciousness of residents and in the social environment, many residents are showing interest in defect-related lawsuits. However, the term of warranty liability defined in the current law is not practically appropriate, and the verification of the determination of the term of warranty liability is insufficient. Against this background, this research aims to evaluate the appropriateness of defect repair periods by examining the actual defect condition of the finishing work among the various defects related to apartments. Collected performance data are analyzed by statistical techniques by considering the defect occurrence rate per construction type and the construction year of the finishing work in apartment construction. The analysis results will be used as basic data for evaluating the appropriateness of the standards for the term finishing works warranty liability.

• 한국마린엔지니어링학회:학술대회논문집
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• 한국마린엔지니어링학회 2005년도 후기학술대회논문집
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• pp.92-93
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• 2005

A contract for the shipbuilding is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States, Germany and some countries law. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Korea, Japan and some countries law. Especially, most of countries are now well settled with regard to liability of a manufacturer in tort for physical injury and on the other for pure economic loss to remote owners of chattels. Where there is either a breach of contractual warranty or an implied warranty, there may be admiralty jurisdiction, depending once again on the situs of the event and its relationship to traditional maritime activity. Contract principles will be applied to the first type of warranty and tort principles will be applied to the second. First of all, this thesis is dealt with the contents of contract under English Law. Secondly, this thesis is analysed into the liability of shipbuilder in Products Liability under English, American and Korean Law comparisons. In conclusion, the author tries to give some suggestions as countermeasures of Products Liability to the shipbuilder in Korea.

• 대한건축학회논문집:계획계
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• 제34권10호
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• pp.25-32
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• 2018

The ending of the warranty under the current Multi-Housing Management Act has a lot of problem as it is very disadvantageous to the business entity and it makes hard for the contractor to finish the repair work. It is almost none for the business entity to get the written confirmation of the expiration of warranty liability from the client even though it sincerely completed their warranty obligation. It is because the client asks for the works other than fair repair arising from the defect in the work, such as the upgrade work for the enhancement of the value of their assets and the repair work which the client should take care before it issues the written confirmation of the expiration of warranty liability to the contractor. "So, though there is the law specifying this matter, the parties are relying on the unnecessary civil agreement. This leads to the big social and economic losses. If there is no agreement made between the client and the contractor, that leads to the legal dispute. This research on cases of 10 apartments shows that the types of works which the apartment residents ask for depend on the characteristics and conditions of the apartments and that they ask for various kinds of compensational works. In addition, it was found that there were many cases in which even the civil agreement is not recognized as the ending of the warranty obligation even if the proper procedure is taken for the ending of warranty by the contractor or business entity. If the collateral is to be offered to the client, the contractor would get more hard because there is the additional cost other than the warranty obligation, thus damaging the legal objective of the laws trying to minimize the damage made to the resident of the apartments. It means that the increase in the unnecessary warranty cost would lead to the increase in the selling price of apartment and the ending of the dispute through the civil procedure would make the Multi-Housing Act ineffective.

• 국제학술발표논문집
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• The 3th International Conference on Construction Engineering and Project Management
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• pp.1446-1452
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• 2009

This study is designed to examine the current status of the performance warranty systems for asphalt pavements implemented in Europe, USA, and Japan, and to review the feasibility and possibility of introducing this system into the Korean environment. For such objectives, the concept and necessity of performance warranty and the status of Korean contracting systems and overseas performance warranty systems were evaluated. In particular, the bidding systems, performance guarantee systems, and maintenance work inclusion status in the projects and warranty specifications of Europe, USA and Japan were comparatively evaluated. And methods of introducing the performance warranty system by utilizing defects liability system and design-build contracts of Korea were suggested.

• 무역상무연구
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• 제62권
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• pp.33-53
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• 2014

This study examines the seller's liability for defects in title of goods under SGA. If the contracting parties choose SGA as a governing law, they should pay attention to whether a contractual stipulation for defects in title of goods is a condition or a warranty. It is because SGA divides contractual terms into a condition and a warranty. And its effects regarding a breach of a condition or a warranty are different. Under SGA s 12(1) as a condition, in a contract of sale, the seller has a right to sell the goods at the time of contract, and in the case of an agreement to sell, he will have such a right at the time when the property is to pass. Under SGA s 12(2) as a warranty, there is an implied warranty that (a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance and (b) the buyer will enjoy quiet possession of the goods as long as the buyer retains an interest in the goods. But the seller will not be liable if the third party unlawfully interferes with the buyer's possession.

• 한국항만경제학회지
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• 제19권1호
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• pp.89-112
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• 2003

In this article, 1'd like to analyse the principal distinctions between the duty of disclosure and warranty which are based on the same legal principles, utmost good faith(uberrima fides). Although the duty of disclosure and warranty have a same legal principle to protect insurance contract, they have several difference in appliance actually. Through these comparative analysis, 1 want to reveal the character of warranty which is unfamiliar to us under our commercial law. Warranty has some peculiarity, these are (a)A warranty does not have to be material to the risk, (b)A warranty must be exactly complied with, (c)It is impossible to defence for a breach of warranty, the breach of warranty is irremediable, and A casual connection between breach and loss needs not be shone, (d)A breach of a warranty may be waived by insurer. Sometimes in Korea like those stringent principles of warranty make Korean's small fishing or shipping company suffer from difficult because of insistence of discharge from liability by insurer. So I expect that all of them acknowledge the character of warranty and can make them protect their insurance money by themselves.