• KSII Transactions on Internet and Information Systems (TIIS)
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• v.9 no.9
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• pp.3312-3334
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• 2015

In this paper, a mechanism for spectrum allocation in overlay cognitive radio networks is proposed. In overlay cognitive radio networks, the secondary users (SUs) must first sense the activity of primary users (PUs) to identify unoccupied spectrum bands. Based on their different contributions for the spectrum sensing, the SUs get payoffs that are computed by the fusion center (FC). The unoccupied bands will be auctioned and SUs are asked to bid using payoffs they earned or saved. Coalitions are allowed to form among SUs because each SU may only need a portion of the bands. We formulate the coalition forming process as a coalition forming game and analyze it by game theory. In the coalition formation game, debtor-creditor relationship may occur among the SUs because of their limited payoff storage. A debtor asks a creditor for payoff help, and in return provides the creditor with a portion of transmission time to relay data for the creditor. The negotiations between debtors and creditors can be modeled as a Bayesian game because they lack complete information of each other, and the equilibria of the game is investigated. Theoretical analysis and numerical results show that the proposed auction yields data rate improvement and certain fairness among all SUs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.105-130
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• 2010

CISG provides the place of payment at the Article 57 which if the buyer is not bound to pay the price at any other particular place, he must pay it to the seller (a) at the seller's p lace of business or (b) if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place. When the parties have agreed that payment is to be made against the handing over of the goods or of documents, the place where this is to happen according to the contract or CISG is the place of payment. When the parties have not agreed to this, the place of payment is the seller's place of payment. The buyer does not send the money to seller's office, but pays it to the seller's bank account. Where payment is effected by a L/C, such operations shall be governed by UCP and collection of money governed by URC. The payment at the seller's place of payment affects the rate of interest, currency of money and jurisdiction which is interpreted by Brussel convention and Lugano convention. The principle on which the CISG is based, characterizes the obligation of payment as an obligation to be performed at the creditor's place of business. This principle affects the place of damage claims payable to be at the creditor's that place. Payment at the place of business is required, but not inside the place itself.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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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.

• Journal of Digital Convergence
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• v.15 no.12
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• pp.213-219
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• 2017

In recent years, the definition of corporate governance is a stakeholder-oriented corporate governance that can meet the needs of sustainability management and corporate social responsibility. The purpose of this study is to empirically analyze the effect of corporate governance on employees and creditors corporate governance on earnings management by using regression analysis. The results show that the corporate governance of employees and creditors plays a role in reducing the simultaneous profit management of discretionary accruals, which is the accrual of asset impairment loss, which is the accrual of negative I could confirm. The results of the empirical analysis show that stakeholder-centered corporate governance can play a role in controlling managers' behavior and market. In addition, the results of this study suggest that the responsibility of stakeholders as corporate governance is important for sustainable management of modern corporations where corporate social responsibility is important.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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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.

• Proceedings of the Korean Society of Computer Information Conference
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• 2014.01a
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• pp.165-168
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• 2014

채권자대위권은 채권자가 자기의 채권을 보전하기 위하여 채무자에 속하는 권리를 행사할 수 있는 권리이다(민법제404조). 채무자의 권리는 채무자가 행사함이 원칙이나 채무자가 제3채무자에 대한 권리를 행사하지 아니함으로 채무자의 책임재산을 제대로 보전하지 않아 총채권자의 공동담보에 부족한 부분이 생길 때에는 채권자로 하여금 채무자의 권리를 행사하여 책임재산의 보전을 꾀할 수 있도록 할 필요가 있고, 이러한 목적을 위한 제도가 바로 채권자대위권제도이다. 그러나 채권자대위권제도는 채권자 취소권에 비해 상대적으로 주목받지 못하고 있는 것이 현실이다. 즉 실제와 현행민법 규정사이에 커다란 괴리가 존재하고 있고, 행사의 범위, 효과에 관한 규정을 두고 있지 않고 있다. 이는 전적으로 학설과 판례에 위임되어 있는 실정이므로 따라서 본 논문에서는 채권자대위권에 관한 문제점을 검토해보고, 정확한 명문규정이나 제도적 장치를 마련하는 제도의 취지 및 목적에 합당할 수 있도록 합리적인 방안을 제시하고자 한다.

• East Asian Economic Review
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• v.25 no.4
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• pp.339-360
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• 2021

More donors are formally assessing their multilateral aid disbursement policies as well as the multilateral institutions that they contribute to. Analyzing OECD Creditor Reporting System data from 2011 to 2019 of 23 donors and 34 multilateral organizations, we find evidence of institutional portfolio building of donors to align multilateral and bilateral aid channels. Such tendency is more pronounced for core-funding than multi-bi funding and much stronger at the recipient country level than at the sectoral level. Smaller donors that operate from a limited multilateral budget show greater preferences for geographical similarity. When donors give to institutions with sectoral specialization, they seek sectoral similarity with their bilateral aid.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.58-59
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• 2007

The English law of ship mortgages is successor to a very long tradition. From the earliest times loans have been required to finance maritime commerce. The term "ship" describes any kind of vessel used in navigation, while the term "ship mortgage" described a method of secured financing, under which a borrower transferred its interest in ship or other property to a creditor, to secure the payment of the debt owed by the borrower or the performance of some their obligation. The shipowner (the borrower)is known as the 'mortgagor, and the person lending the money is known as the 'mortgagee'.

• The Journal of Asian Finance, Economics and Business
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• v.8 no.8
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• pp.365-373
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• 2021

Loan monitoring is a fundamental element of credit control. The importance of loan monitoring is to reduce loan defaults and to increase loan repayment performance. The ex-post monitoring can also increase the loan quality and thus a concern to many creditors in the market economy. This study identifies the role of ex-post monitoring on loan repayment performance in the context of rural Vietnam. Employing primary data from rural areas of Vietnam, this study investigates the impacts of ex-post monitoring on loan repayment performance of individual borrowers in terms of on-time loan repayment and the rate of loan repayment. Descriptions of borrower demographics, loan information, and ex-post monitoring show the initial picture of borrowers and loans in Vietnam's rural areas. Quantitative estimations that use the Probit and the Tobit model confirm the argument that better ex-post monitoring would result in better loan repayment performance in both on-time repayment and repayment rate. Thus, some policy suggestions have been made to improve the monitoring system in each financial institution. The study also indicates that some other factors too affect loan repayment performance such as borrower's characteristics (education, agricultural working area, and income) as well as loan's characteristics (loan size, maturity, and loan purpose).

• Asia-Pacific Journal of Business
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• v.14 no.3
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• pp.205-219
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• 2023

Purpose - This study examines the effect of corporate debt characteristics on the relationship between anti-takeover provision and the cost of debt. Design/methodology/approach - The study analyzes a sample of non-financial firms listed on the stock market with December fiscal year-end from 2011 to 2018. Debt default risk (debt size, liquidity ratio, interest coverage ratio, loss occurrence) and the issuance of bonds are utilized as measures of corporate debt characteristics. Findings - First, it is observed that creditors of firms with anti-takeover provision demand higher returns as the debt default risk of these firms increases. Second, for firms issuing bonds, it is found that bondholders in companies with anti-takeover provision also seek higher returns. Research implications or Originality - This study contributes by demonstrating that the effect of anti-takeover provision on creditors can vary depending on corporate debt characteristics. Particularly, the study highlights the importance of a firm's debt default risk and creditor distinction (bondholders vs. regular creditors) as significant factors that may influence perceptions of anti-takeover provision.