• 재무관리연구
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• 제4권1호
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• pp.45-58
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• 1988

This paper is to examine the relevance of banarptcy Costs (BC) to Capital Structure with three related purposes: whether or not BC are trival,, a proxy methodology for estimating BC, the present value of expected BC vs tax benefits' trade off. For these purposes, the samples includes 19 industrial firms which went bankrupt over period 1970-78 and secondly seven large Companies which went bankrnpt recently in the U.S. The results are quite strong that BC are not trival. In many cases they exceed 20% of the value of the firm measured just prior to bankruptcy. Direct BC are explicit and administrative costs paid by debtor in reorganization/liqaidation process. Indirect BC are essentially defined as unexpected losses and estimated in two way: a regression method and security analyst's forcasts. The present value of expected BC for many of the bankrupt firm is found to exceed the present value of tax benefits from leverage. This implies that firms were overleveraged and that a potentially important ingredient in the discussion of optimum capital structure is indeed the BC factor. Therefore, BC are relevant to the cost of capital structure decision and should he considered seriously.

• 무역상무연구
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• 제70권
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• pp.21-38
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• 2016

The trend of payment terms of an international trade has been changed from letter of credit to open account. In this regard factoring has come out to support SMEs in terms of financing on a without recourse basis. However, factoring is in Korea is not workable softly due mainly to legal system affecting smooth assignment of receivables. Therefore this study suggest the following solutions : Korean Civil Law shall be modified to protect factor's position as a right creditor to debtor and protect factor's position when perfection among several creditors are incurred. However, formal modification to this end would not be easy in short run and it is suggested that a special law be established in case a commercial receivable assignment both domestic and internationally happens between seller and factor.

• 가족자원경영과 정책
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• 제23권2호
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• pp.99-115
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• 2019

This study examined the insolvency likelihood of young debtors from the 2018 Household Financial and Welfare Survey. This study used the Household Default Risk Index (HDRI), which considers the ratio of total debt to total assets (DTA), and a total debt service ratio (DSR) to examine the insolvency level of debtors. The descriptive analyses showed no difference in frequency of households with a high probability of insolvency between those less than 35 years of age and those over 35 years of age. However, the median HDRI value for those less than 35 years of age was higher than those over 35 years of age. The multivariate analyses indicated that educational expenses for young Korean debtors was a factor that increased their probability of insolvency, while income was the only variable that decreased their insolvency likelihood.

• The Journal of Asian Finance, Economics and Business
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• 제6권2호
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• pp.33-44
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• 2019

The Indonesian government launched a new people's business credit program as part of a package of economic policy and deregulation. The interest rate is set lower than the average of the current loan interest rates, especially when compared with rural bank interest rates. To capture the social spatial aspects, quota sampling is applied to ten areas that divided based on the social culture. Further, the method utilized in this research is logit models, which designed to analyse the determinants of asymmetric information particularly on the rural bank and small micro enterprises. The study was conducted in East Java as the province with the largest number of rural banks in Indonesia. Based on the estimation of asymmetric information model to the respondent of rural banks and small businesses, the result shows that adverse selection can be avoided by strengthening the information about prospective borrowers. Regarding moral hazard, rural banks and small businessmen argued that the imposition of the collateral to the debtor has an important role to avoid moral hazard. Rural bank respondents stated that the KUR program with low-interest rates has affected their business development. The results implied the need of broadening the collaboration schemes between this people's business credit program and rural banks.

• 융합경영연구
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• 제9권1호
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• pp.25-40
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• 2021

Purpose: The forecasting is the likelihood scientifically proved judgment about the prospects, the possible conditions of this or that phenomenon in the future and (or) about the alternative ways and the means of their realization. To adapt the instruments of budgeting for the analysis cash flow of company. Research design, data and methodology: The creates the budget of cash flow were carried out on the basis of data of the report for the 2017 of corporations POSCO and in the first half of the 2018 Daewoo Shipbuilding & Marine Engineering of South Korea. Results: The simultaneous use of budgeting techniques and the simple financial analysis allows to systematize the transactions, to identify the main problem areas in the movement cash flows. Therefore, working capital analysis is to determine the limits of their fluctuations in view of the changes in the business processes. Conclusions: In the pedagogical context solved the features of budgeting in the part evaluation current assets, its financing, its elements: the cash, the debtor. In the process of budgeting of cash flow, in credit budget, in financial budget we can see the main indicators: the current assets, the functioning capital, the optimum number of debtors, the optimum amount of cash and another.

• 디지털융복합연구
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• 제14권5호
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• pp.177-183
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• 2016

본 연구의 목적은 부채보유 가계를 대상으로 가계부채에 미치는 결정요인에 대하여 분석하고자 한 연구이다. 분석 방법으로는 SPSS 22.0을 사용하였다. 연구결과는 다음과 같다. 첫째, 부채보유 가계를 대상으로 검증한 결과, 인구통계학적 특성으로는 학력이 낮을수록, 나이가 많을수록, 직업은 농림 및 어업에서 그리고 가구원 수가 많을수록, 성별에 있어서는 여성들이 더 많은 심리적 부채부담을 갖는 것으로 나타났다. 둘째, 부채보유가계 중 월평균 부채상환액과 총자산에 대한 부채부담특성이 심리적 부채부담에 영향을 미치는 것으로 나타났다. 이는 취약계층을 위하여 부채부담을 낮출 수 있도록 부채 금리를 낮추고, 가계부채자에 대한 이해도를 높이는 것이 필요하며, 그에 적합한 금융교육과 컨설팅이 필요하다는 것을 시사한다. 셋째, 부채보유 가계 중 심리적 부채 부담에 영향을 미치는 요인으로 나이가 많을수록, 소득에 비해 월평균 지급이자 및 상환액이 높을수록, 총자산에 비해 총부채가 많을수록 심리적 부채부담에 영향을 미치는 것으로 나타났다. 가계부채에 영향을 주는 다른 요인은 후속연구에서 다루어질 것이다.

• 무역상무연구
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• 제68권
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• pp.65-87
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• 2015

This article examines the Stay of Enforcement of ICSID Arbitration Award. The effect of the stay is that the award is not subject to enforcement proceedings under Article 54 of the ICSID Convention pending the outcome of the annulment application. The annulment committee must decide the stay, unless the applicant sought the stay with the request for annulment, in which case the ICSID Secretary -General must grant it automatically. This automatic stay -which can only relate to the entire award-remains in force until the committee is constituted and issues a decision on the request for stay. ICSID committees have taken different positions on whether a stay of enforcement is exceptional or not. Some committees have held that because the ICSID Convention explicitly recognizes that the rights of the award creditor could be subject to a stay, stays are not exceptional. ICSID practice shows that most committees have rejected the proposition that the merits and prospects of the application for annulment should influence the committee's decision whether to grant a stay. In addition, ICSID practice regarding the specific circumstances that will justify a stay of enforcement is unclear, and committees have focused on different factors to decide whether to grant a stay such as prospect of prompt compliance with the ward, hardship to one of the parties, risk of non-recovery and irreparable harm to the award debtor. Also, ICSID practice shows that even though the Convention is silent on this issue, committees have generally held that they are empowered to condition the stay of enforcement on the granting of security by the requesting party.

• 무역상무연구
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• 제67권
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• 한국콘텐츠학회논문지
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• 제11권2호
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• pp.408-415
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• 2011

현행 법제도에서는 부동산경매절차에서 유치권자는 유치권신고 여부와 관계없이 매수인에게 대항할 수 있다. 이러한 법리를 악용하여 유치권자의 편의에 따라 경매절차를 지연시키거나 목적부동산의 매각가격을 떨어뜨릴 목적으로 채무자와 담합하거나, 허위로 신고하거나 그 피담보채권을 크게 부풀리는 경우가 비일비재하다. 이에 경매절차에서 유치권의 성립 여부와 인수되는 피담보채권액을 확실히 하도록 유치권 신고를 의무화할 필요성이 현실적으로 절실하게 요구되고 있다. 이에 집행관에 의한 현황조사 개선과 유치권을 민법상 법정저당권으로 전환하는 입법론도 제시하여 보았다. 또한 유치권등기제도의 도입과 민사집행법 제91조 제5항과 제84조 제2항을 개정하여 입법적으로 유치권에 관한 신고의무제도를 해결해 보았다.

• 무역상무연구
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• 제13권
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• pp.69-81
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• 2000

Under the co-sponsorship of UNIDROIT and I.C.A.O., a preliminary draft Convention on International Interests in Mobile Equipment and a preliminary draft Protocol on Matters Specific to Aircraft Equipment has been prepared. The purpose of the Convention is to provide for the creation and effect of a new international interest in mobile equipment. The Convention's approach is quite novel in that it purports to create an international interest based upon the convention itself. The Convention is intended to be supplemented by Protocols, each of is intended to provide equipment-specific rules necessary to adapt the rules of the Convention to fit the special pattern of financing for different categories of equipment. To date, two sessions of governmental experts were held in Rome and Montreal. Korean delegations attended the two sessions. One of the members of the Korean delegation published a report on the first session. He expressed his objection to the so called self-help remedy contemplated by the current preliminary draft of the Convention which enables the holder of a security interest to repossess and dispose of the subject of the security interest by private sale rather than public auction on the occurrence of an event of default of the debtor. His view is based upon his understanding that under Korean law, the only remedy available to the holder of a security interest in mobile equipment, such as an airplane, is to apply to the competent court for a public auction. In my view, his understanding is not quite correct and is inconsistent with the current practice in Korea. Under Korean law, the parties' agreement for private sale is in principle valid unless there is an interested party who has acquired a security interest after the creation of the prior security interest or a creditor who has caused the subject of the security interest to be attached by a competent court. In this article, I discuss the current Korean law and practice relating to the enforcement of security interests by private sale in more detail.