• 무역상무연구
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• 제55권
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• pp.155-181
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• 2012

This study considered as precautions in light of practical affairs related to a claim for damages focusing on CISG (1980) and PICC (2004). Given summarizing contents of this study, those are as follows. First, when exercising a claim for damages, proving the damages may be difficult and hard. Thus, there is necessity for stating the liquidated damages clause in contract given conclusion of contract. Second, as for the application of interest rate given a claim for interest, CISG is not covered interest rate. PICC is covered interest rate. However, there is possibility that PICC will not be applied as general principles. Thus, to remove this insecurity and uncertainty, there is necessity for stating this in contract by deciding on the detailed standard stipulation after fully discussing about interest payment with the counterpart given sale contract. Third, when a seller delivered non-conformity of the goods for contract, a buyer is desirable to exercise by discreetly judging the exercise method or limitation element on a problem of selecting and exercising remedy favorable to oneself out of a claim for damages and a right to reduce the price. Finally, There was suggestion that the contract parties are desirable to utilize by modifying and supplementing properly this in line with own business-based necessity and situation based on the ICC Model International Sale Contract, and to state CISG and PICC the governing law clause, in preparing contract. This study is expected to possibly become guideline in which the damaged party exercises a claim for damages or aims to cope with the counterpart's exercising a claim for damages.

• 무역상무연구
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• 제15권
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• pp.7-31
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• 2001

All legal systems set out the principle of full compensation of damages, which aims to fulfil the plaintiff's expectations by putting him into as good a position as he would have been in if the contract had been performed. On the other hand, they place some limitations on the full recoverability of damages for breach of contract. In Civil Law systems, 'fault' is a necessary requirement for liability for damages, and the extent of recoverable damages is directly related to the degree of the dependent's fault. This principle, however, is not adopted by Common Law systems, in which the dependent would be liable in damages for breach of contract even though the breach was not due to his fault. The CISG is in a similar position to the latter systems. In Common Law systems as well as CISG, the extent of liability of the party in breach for damages depends on whether he foresaw or could have foreseen the damages at the time of contracting. Unlike the position in Civil Law systems, foreseeability seems to be the most effective principle to decide the extent. The tests for remoteness centre on reasonable foreseeability or contemplation of the loss. The party in breach is liable even for loss indirectly caused to the other party provided that this loss was foreseeable or contemplated by the party in breach. However, this manner to decide remoteness may lead to unreasonable results in some cases. If the party in breach were the inveterate pessimist who foresaw all sorts of possible damages, he could foresee damages too remote from the breach of duty. If this fact were revealed in the course of trial, he should be liable for such indirect damages. This is really undesirable result. Therefore, as to the remoteness test, the criterion of whether the loss is foreseen or contemplated must not be adopted. Foreseeability by reasonable person must be the only available criterion.

• 한국중재학회지:중재연구
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• 제21권1호
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• pp.3-31
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• 2011

In response to complexity and diversity of a social phenomenon, the dispute also is various, therefore can not be settled efficiently by means of court adjudication to which applies a law strictly. To overcome such problems we are going to seek to make use of arbitration. According to Korean Arbitration Act Art. 3 (1), any dispute in private laws would be the object of arbitral proceedings. It could be the object of arbitral proceedings that disputes which are capable of a settlement by arbitration. It is a matter for debate that disputes containing punitive damages may be resolved by arbitration. This problem is concerning the arbitrability of the subject-matter of a dispute. To offer some solution to these issues, it is necessary to inquire into the nature of punitive damages. the policy and function of alimony, the fair apportionment of a loss. Moreover, international relations formed with international transactions should be considered. Punitive damages would be the object of arbitral proceedings as the dipute in private laws. When punitive damages pursue only punishment in the domestic arbitration that there is not foreign factors, arbitral tribunal could not make arbitral award containing punitive damages. However, if punitive damages are admitted under the rules applicable to substance of dispute, and there is the arbitration agreement in which is implied that the parties agree to submit to an arbitral award, arbitral tribunal could make arbitral award containing punitive damages in international arbitration. When it is questionable whether it is offend against our public policy or not, that we accept the effect of arbitral award containing punitive damages, and we admit the enforcement of it, we have to take the nature of punitive damages, the policy and function of alimony, the fair apportionment of a loss and the stability of international transactions into consideration.

• 무역상무연구
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• 제12권
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• pp.201-225
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• 1999

This article is focused on the review of price reduction and measuring damages under the CISG together with the law relating to sale of goods in main countries when the goods delivered did not conform with the contract. And also reviewed on the election of remedies for the aggrieved party, that is, which one between the two remedies would provide more compensation for the non-conformity. This article can be summarized as below. 1. Price reduction has its principal significance when the buyer accepts non-conforming goods and plays important role only when the seller is not liable for the non-conformity because the same price reduction formula applies for all circumstances. Of course, the buyer must bear any further damages, such as shutdown expenses and other consequential damages. 2. If the seller is liable for the damages and the price level rises, the buyer normally will claim damages since this approach is much more favorable result than price reduction. 3. In case the seller is liable for the damages and the buyer suffers no consequential damages, if the price level falls, price reduction would provide more compensation for the non-conformity than would damages and if there is no change in the market level, the allowance for defects in the goods will be normally the same under the price reduction and damages. By the way, In case the seller is liable for the damages and the buyer suffers consequential damages, it is desired that the buyer firstly elect the price reduction and later seeks to claim for consequential losses when the price level falls and unchanged.

• 무역상무연구
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• 제16권
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• pp.59-81
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• 2001

There are two methods of quantifying the damages when the contract is avoided. One is 'concret' assessment, the other is 'abstract' assessment. The former looks to the actual cost incurred by the aggrieved party in concluding a contract for the substitute transaction, while the latter is based on the market price. The concrete method of assessment forms the starting point in the Civil Law systems. In the Common Law systems, it is likewise available. The aggrieved party is entitled to recover the difference between the cost of cover or (as the case may be) the proceeds of resale and the contract price. Both systems also recognize the abstract method of assessment. If the aggrieved party does not resell or cover, damages are equal to the difference between the price fixed by the contract and the market price. The CISG and the UNIDROIT Principles recognize expressly both concrete and abstract methods. Under the relevant articles, the aggrieved party can recover the damages assessed by one of the methods as well as any further damages such as loss of profit, incidental and consequential damages.

• 대한원격탐사학회:학술대회논문집
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• 대한원격탐사학회 2007년도 Proceedings of ISRS 2007
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• pp.95-97
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• 2007

The mining-related damages due to the mining operations such as ground subsidence, tailing, Acid Mine Drainage, and soil contamination have a significant effect on our social and economical environment. So, for the effective prevention and reclamation works of the hazards in the mining area, the systematic management of mine information and mining-related damages is urgently needed. In this study, we estimated the possibilities of GIS-based system development for the mining area and related database. We classified the steps of building GIS as mine itself, mining-related damages, rehabilitation works and additional functions for estimating damages and analyzed the essential database and functions for each step. GIS will be helpful to estimate the mining-related damages and to carry out the reclamation works effectively.

• 한국조명전기설비학회:학술대회논문집
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• 한국조명전기설비학회 2007년도 추계학술대회 논문집
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• pp.45-47
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• 2007

This paper gives the current status of lightning damages in apartments which are obtained by questionnaire and the cases of lightning damages in Korea. Survey result shows that lightning damages are increasing every year and taking place everywhere not only building but also mountain. As a result advanced lightning protection systems are required to reduce the lightning damages in various structures.

• 한국조명전기설비학회:학술대회논문집
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• 한국조명전기설비학회 2001년도 학술대회논문집
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• pp.73-76
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• 2001

This paper dives the current status of lightning damages in apartments obtained by questionnaire and analysis the cause of ligntning damages. As a result, the apartments experienced lightning damages are assumed about 5[%] lot total apartments and the lightning surges invaded on power line are identified as the main cause of lightning damages in apartments.

• 수산경영론집
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• 제31권2호
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• pp.11-26
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• 2000

The study tries to extend the Kang and Kim's model(1997) for evaluating fisheries damages caused by a large scale coastal reclamation. The paper tries to suggest a more generalized model by adopting new applicable variables such as the decreasing rate of production quantity amount and decreasing numbers of variables for simplification and derivation of quantative results. The paper also tries to suggest the decision model for fisheries administrative measures on the basis of the degree of damages.

• 한방비만학회지
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• 제15권2호
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• pp.55-67
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• 2015

Objectives: This study was to evaluate the effect of Palmijihwang-whan (PMJHW) aqueous extract in the regulation of hypothyroidism related reproductive organ damages in propylthiouracil (PTU)-induced rat model. Methods: PMJHW aqueous extract (yield=17.90%) were administered, once a day for 42 days from 2 weeks before start of PTU treatment as oral doses of 500, 250, and 125 mg/kg (body weight), and hypothyroidism was induced by daily subcutaneous treatment of PTU 10 mg/kg for 28 days. Results: PTU-induced hypothyroidism and related male reproductive organ damages-atrophic changes of testis, epididymis and prostate, were favorably and dose-dependently inhibited by treatment of PMJHW 500, 250, and 125 mg/kg. They also effectively regulated the PTU-induced abnormal antioxidant defense system changes in the testis. Although levothyroxine also favorably inhibited PTU-induced hypothyroidism, it deteriorated the hypothyroidism related male reproductive organ damages through testicular oxidative damages. The results suggest that oral administration of 125, 250, and 500 mg/kg of PMJHW has favorable effects on the hypothyroidism and related reproductive organ damages through augmentation of antioxidant defense system in the testis. Conclusions: This study suggest that PMJHW may be help to ameliorate the hypothyroidism and related organ damages in clinics.