• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.47-68
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• 2008

I have observed the validity of open-offer from a point of European contract law in comparison with International Trade Law in this paper. Generally we know that an offer is an expression of willingness bo be bound to the contract. In English law if there are no intention it will be considered such as circulation of price lists or catalogues. As for French law these activities could be considered as an offer. However German law is closer to English law as to an offer. A contract which does not ascertained price is open-price terms and it can be applied not only for general commercial contracts but also for franchise or for distributorship agreements especially in Europe. When open-price terms applied to reserve a exclusive right to the contract the validity of contract can be a serious matter between principals. In English law an offer must be sufficiently complete to be capable of acceptaqnce. English law does not require that price terms should be indicated on offer. English law allow a open-price terms in the contract. In French law a contract will be valid in the absense of a price which is either determined or objectively determinable. A price by the market price of similar products is not enough to be valid offer. It should be recognized and accepted objectively by third parties. French law require that price terms should be indicated on offer. Open-price terms are not enough to be an effective offer. However German law shows more flexible than French law. In German law if the price is not fixed in the contract there are four ways to determine it. The seller may determine the price by the time of deliver. By reason of thess backgrounds I have made comparison with European contract law and International trade law on the validity of open-price offer in this paper. It seems that we are not familiar with open-price terms although franchise contract or special terms of contract have been increased in these days. So I hope this paper will be helpful to show a new point of view.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.103-132
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• 2009

In international sales of goods, the buyer must pay the price for the goods as required by the contract and CISG, The buyer's this obligation includes taking such steps and complying with such formalities as may be required under the contract, which includes providing the seller with relevant letter of credit through the issuing bank. Where the parties have not stipulated the time limit within which the credit should be opened, but there is an agreed date or period for shipment, the time limit for the L/C opening should be calculated back from the agreed date of shipment or the first date of shipment, while, in addition, the buyer should open the L/C sufficiently earlier than the shipment date in order for the seller to be able to know the L/C's opening before beginning to ship the goods. The L/C provided the buyer should conform to the contract of sale. Therefore, for example, when an unconfirmed L/C is provided violating the agreement or the L/C opened states that, under a FOB contract, a "freght prepaid" bill of lading shall be presented as a required document of the L/C, the buyer has failed to perform his obligation. If the buyer fails to perform his obligations to provide the letter of credit, the seller may require the buyer to perform that obligation; may fix an additional period of time of reasonable length for performance of the obligation; or, the seller may declare the contract avoided, if the failure amounts to a fundamental breach of contract, or if the buyer does not, within the additional period of time fixed by the seller, perform the obligation; and the seller claim damages. However, when a relevant L/C has been issued for the seller, as a rule, he cannot ask directly for the buyer to pay the price before avail himself of the L/C first.

• Plant Journal
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• v.7 no.2
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• pp.39-43
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• 2011

Due to the recent uncertainty of market situations such as the escalation of petroleum prices, increased production capacities of plants, limitations of the available EPC (Engineering, Procurement, Construction) contractors, and the increase of raw material prices, EPC contractors have had a tendency to include a higher reserve contingency in the lump-sum turnkey contract price. In order to overcome the changes in the market, the plant project construction industry has started to apply the converted lump-sum turnkey contract in plant construction market. This study was focused to find the associated risks and to analyse the identified risks on recent trend of application of the new contract type, which is the converted lump-sum turnkey contract. It was recognized from the analysis that quality and cost have more high priority risks than other project objectives. This paper also suggests the mitigation plan for identified risks to achieve project objectives appropriate to the converted lump-sum turnkey project from the viewpoint of an EPC contractor keeping transparency with owner.

• Journal of Nutrition and Health
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• v.36 no.10
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• pp.1083-1093
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• 2003

Efficient financial management is a critical factor in achieving school foodservice goals. The objective of this study was to suggest efficient financial management practices in secondary school foodservices. In pursuit of this objective, we first identified performance indexes for measuring the success of financial management. Second, we suggested financial management standards, financial data classification methods and a report system. Last, we analyzed operating ratios with the financial data of self-operated and contract-managed school food services. The data were collected through an open-ended questionnaire from 10 middle/high school foodservices in Seoul and Kyeonggi Provincial during on-sites visits and interviews with dieticians and managers. Student participation, sales goals, re-contract frequency and number and cost of disaster loss were identified as the performance indexes for financial management. Income statements were compiled by identifying and classifying financial data. Total revenues consisted of subsidies, meal sales, other revenue and interest. Expenditures consisted of purchased food, salaries and wages, utility costs, office supplies, kitchen supplies, purchased services, company overhead indirect costs, facility investment and maintenance, facility usage expenses, employee benefits and miscellaneous. Mean price of a meal was 2,326 won at self-operated foodservices when the subsidies were included as revenues and 2,360 won at contract-managed foodservices. When including the subsidies as revenues, the operating ratios of self-operated foodservice showed that the food cost percentage was 66.9％, labor cost 23.2％, operation cost 9.9％ and profit 0％. The correspond figures at contract-managed foodservices were 57.6％, 21.5％, 15.3％, and 5.5％, respectively. Food costs in self-operated foodservices was significantly higher than that for contract-managed foodservices, however, facility investment and maintenance and facility usage expenses at self-operated foodservices was significantly lower than those for contract-managed foodservices. Based on this study, the methodology and classification system of financial data was found to be applicable to assess the financial structure of school foodservices.

• Korean Journal of Agricultural Science
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• v.24 no.2
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• pp.138-144
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• 1997

Korean agricultural and rural economics has been gotten more difficult through the introduction of economics system under the control of IMF before problems from open market system under WTO get to be settled. Export should be promoted to get the advantage of open market system and to get over today's economic crisis from shortage of foreign currency. Fortunately, Korea adjoins Japan that is largest importing country of agricultural products in a world, therefore Korean Agricultural products has advantage in export to Japan through open market system. Puyo tomato, specialized agricultural products in Chungman province, has been exported 42.2M/T to Japan from 1994 year to 1996 year. But such exported amount was so small that is less than a 1% of total tomato product in Puyo area. Reasons why export volume to Japan was so small were non standard commodities, non performance of export contract, unfavorable price condition, etc.. But it was major reason that missed optimal exporting period. Therefore this study is aimed at finding optimal period exporting Puyo mini tomato to Japan. According to result of analysis based on monthly price and carried quality data of major tomato market between Korea and Japan, it has more comparative advantage that we export tomato during Period of Dec-Feb. rather than March-May which is currently major exporting period.

• Korean Journal of Poultry Science
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• v.46 no.2
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• pp.55-63
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• 2019

This study was conducted to evaluate animal welfare approved farms in three housing systems (open, windowless, and free-range). The survey was conducted in 25 animal welfare approved farms, and 10 farms were surveyed for distribution status. The main breed in all animal welfare approved farms of laying hens was Hy-Line Brown variety. In the case of open house, laying hens were bred in traditional and panel houses simultaneously; however, the ratio of panel house was 58.3%, which was higher than that of the traditional house. All the windowless houses were made of panels and more than 15,000 laying hens were housed in a single windowless house. In the case of free-range house, it was maintained on a small scale of less than 12,000 birds. Fifty-six percent of the surveyed farms were breeding at $7{\sim}8birds/m^2$. In terms of male and female ratios, most farms maintained 1 male:15 females, but there was a farmhouse that switched 17 or 20 females to 1 male. The daily dietary allowance was 110~170 g, and 32% of the surveyed farms provided feed of more than 150 g/day, which showed that forage feed was important. The age of at the first egg was 123 days, 122 days, and 120 days, and the peak percent was 91.8%, 94.9%, and 86.5% in open, windowless and free-range houses, respectively. The average egg production rate was 74.0%, 84.6%, and 72.7% in open, windowless, and free-range houses respectively, thus, there was no correlation between feed intake and hen-housed eggs. Distribution of welfare certified eggs was mainly a direct deal with the consumer or through contract production. The ratio of direct transactions between large-scale marts and eco-friendly specialty stores of welfare approved eggs was higher than that of conventional eggs. The rate of contract sales of eggs in both the barn and free-range systems was high, and the percentage of courier sales farms was also high. Excluding courier services, price of eggs in the barn system rose to more than 30 won/egg in the second half of 2017 (after AI). Price of eggs in the free-range system rose to more than 50 won/egg in the second half of 2017 (after AI). In the case of courier sales, the same price of 500 won was maintained before and after AI. In conclusion, the results of this study can be used as basic data for improving the animal welfare certification system for laying hens in Korea.

• The Korean Journal of Financial Management
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• v.20 no.2
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• pp.235-261
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• 2003

We examine the relationship between the trading activities of Korea Stock Price Index (KOSPI) 200 futures contract and its underlying stock market volatility for about six years from May 1996 when the futures contract was introduced. The trading activities of the futures contracts are proxied by the volume and open interest, which are divided into expected and unexpected portions by using the previous data. The daily, intradilay, and overnight cash volatility is estimated by the GJR-GARCH model. We find a positive contemporaneous relationship between the intradaily stock market volatility and the unexpected futures volume while the relationship between the volatility and expected futures volume is weakly negative or non-existent. We also find that the unexpected futures volume strongly causes intradaily cash volatility. On the other hand, the overnight cash volatility causes the unexpected futures volume. The impulse responses between these variables are all positive. The result implies that during a trading time futures trading tends to increase the cash volatility while the unexpected overnight changes in cash volatility tends to increase the futures trading activities. We, however, find no association between the cash volatility and futures maturities.

• KIPS Transactions on Software and Data Engineering
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• v.12 no.9
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• pp.419-430
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• 2023

Currently, NFTs have no dominant application except for the proof of ownership for digital content, and it also have small liquidity problem, which makes their price difficult to predict. Real estate usually has very high barriers to investment due to its high pricing. Real estate can be converted into NFTs and also divided into small value fungible tokens (FTs), and it can increase the the volume of the investor community due to more liquidity and better accessibility. In this document, we implement and design a system that allows ordinary users can invest on high priced real estate utilizing Black Litterman (BL) model-based Portfolio investment interface. To this end, we target a set of real estates pegged as collateral and issue NFT for the collateral using blockchain. We use oracle to get the current real estate information and to monitor varying real estate prices. After tokenizing real estate into NFTs, we divide the NFTs into easily accessible price FTs, thereby, we can lower prices and provide large liquidity with price volatility limited. In addition, we also implemented BL based asset portfolio interface for effective portfolio composition for investing in multiple of real estates with small investments. Using BL model, investors can fix the asset portfolio. We implemented the whole system using Solidity smart contracts on Flask web framework with public data portals as oracle interfaces.