• Title/Summary/Keyword: Loss Estimation

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A Study on the Problems in Exercising Buyer's Right to Claim Damages for the Breach of Contract by the Seller in International Sales Contract - Focusing on CISG and UNIDROIT Principles(2010) - (국제물품매매계약에서 매도인의 계약위반에 대한 매수인의 손해배상청구권 행사의 문제점 - CISG와 UNIDROIT Principles(2010)을 중심으로-)

  • Oh, Won Suk;Youn, Young Mi;Lim, Sung Chul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.3-33
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    • 2013
  • The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.

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Influence factor analysis on the measurement of smoke density from floor materials in rolling stock (철도차량 바닥재 연기밀도 측정의 영향인자분석)

  • Kwon, Tae-Soon;Lee, Duck-Hee;Park, Won-Hee
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.11
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    • pp.629-634
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    • 2016
  • In this study, we investigated the effect of factors that influence the measurement of smoke density using synthetic rubber flooring. The characteristics of rolling stock in an enclosed environment can cause enormous loss of life by smoke inhalation during fires inside passenger cars. The amount of smoke generation from interior materials for rolling stock is strictly restricted domestically and in other countries. Precise measurement of smoke density is therefore required to assess the fire performance of interior materials. Major factors that influence the measurement of smoke density include the uniformity of the specimen, the variations in conditions and instruments, and the operational and maintenance environment of the instruments. The contribution of factors was analyzed by estimating the uncertainty to investigate the contribution ratios of the major factors. The results show a contribution ratio of about 86% for the variation from the measurement of light transmission using a photomultiplier tube. Thus, this factor was the most representative for the measurement of smoke density. The contribution ratio of the other factors was low at about 11%, including irradiant flux conditions (${\pm}0.5 kW/m^2$) and the influence of the operational and maintenance environment of the instrument. These results were obtained using specimens with high uniformity.

A Study on Speech Recognition Estimation of Cochlea Dead Region and Amplification Gains According to Frequency Bands (주파수 영역별 Cochlea Dead Region과 증폭 이득에 따른 어음인지능력 평가 연구)

  • Park, G.S.;Bang, D.H.;Lee, S.M.
    • Journal of rehabilitation welfare engineering & assistive technology
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    • v.5 no.1
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    • pp.41-46
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    • 2011
  • A sensorineural hearing loss(SNHL) occurs when the cochlea in the inner has functional problem. The region in the cochlea with no(or very few) functioning inner hair cells or neurons called 'dead regions'. Amplification using hearing aid over a frequency range corresponding to a dead region may not a beneficial. In this paper, we compared speech recognition with different location of dead region and gain and searched effective gain for hearing aid with dead region. In order to experiment, eight people who has normal hearing ware tested, and we used white noise and babble noise(SNR=0 dB). we divided by three conditions, low, mid and high frequency dead region. In addition, the gains in dead region ware 14.5 dB, 11.5dB and 6 dB gain. There ware different results by location of dead region. The result of WRS and preference in mid-frequency dead region and high-frequency dead region ware higher than them in low-frequency dead region. When we compared as gains, the score of WRS with lower gain was higher than 14.5 dB gain, and the preference was lower as higher gain.

Estimation of Willingness-To-Pay for Extensive Implementation of Congestion Pricing (혼잡통행료제도 확대시행에 따른 지불의사액 추정)

  • Kim, Gun-Young;Han, Sang-Yong;Kang, Kyung-Woo;Kim, Tae-Seung
    • Journal of Korean Society of Transportation
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    • v.23 no.5 s.83
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    • pp.7-14
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    • 2005
  • Traffic congestion causes enormous social costs as well as loss of travel time and waste of energy. Though the Seoul metropolitan government implemented various forms of transportation policies such as urban road pricing and public transportation reform, traffic volume which across the Seoul metropolitan borders have greatly increased because of housing land development in suburban area. The purpose of this study is to estimate individual's willingness-to-pay(WTP) for extensive implementation of congestion pricing through policy-mix with bus rapid transit(BRT) system. So the field survey interviews carried out. The empirical analysis was done with priority given to the following two topics; derivation of individual WTP and prior evaluation of policy effect from the equity aspect. To estimate individual WTP, we adopted contingent valuation method (CVM). The former is to estimate individual WTP for respondent's maintaining his/her transit pattern when he/she is faced with congestion pricing by using compensating variation(CV) concept. And, the latter aims at evaluating policy effect from the equity aspect by calculating the Proportion of WTP to average income using WTP in income bracket for policy scenarios.

The Causal Relationship Test between Marine Business Cycle and Shipping Market Using Heterogeneous Mixed Panel Framework (해운경기변동과 선박시장에 대한 다차원 혼합 패널 인과성 분석)

  • Kim, Hyun-Sok;Chang, Myung-Hee
    • Journal of Korea Port Economic Association
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    • v.36 no.2
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    • pp.109-124
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    • 2020
  • Using panel data on freight rates and ship prices in the dry freighter market from January 2015 to December 2019, this study investigates the characteristics of shipping industry fluctuations. The analysis aims at two aspects of academic contribution. First, this study analyzes the relationship between shipping indicators and ship price based on separate dry-bulk ships, while the previous research considered the overall shipping index and weighted average ship prices. Second, the VAR model for the causality test is extended to a heterogeneous mixed panel model capable of limiting coefficients. There is a peak estimated by removing the cross-correlation problem, which is mainly raised in panel data analysis, using bootstrap estimation and solving the problem of information loss due to differences in non-stationary data. An empirical investigation of the causal relationship between economic fluctuations and ship price shows that the effect on the ship price from the freight is significant at the 1% level. This implies that there is a one-way relationship with demand in the shipping industry rather than a bilateral relationship.

A Study on Securing a Stable GM for Each Ship Type Considering the Ship's Operating Status (선박의 운항 상태를 고려한 선종별 안정적인 GM 운용에 관한 연구)

  • Kim, Hong-Beom;Kim, Jong-Kwan;Lee, Yun-Sok
    • Journal of Navigation and Port Research
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    • v.44 no.4
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    • pp.275-282
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    • 2020
  • Recently, the occurrence of a ship capsizing was analyzed as the main cause of the lack of stability or loss because of the improper management of the center of gravity, the movement of cargo or heavy weight when excessive steering occurs or when navigating during bad weather. Thus, to prevent a ship from capsizing, it is necessary to secure stability to enable the ship's return to its upright position, even if a dangerous heel occurs. The GM is a crucial evaluation factor regarding stability, which the navigation officer uses to preserve stability. In this study, based on the stability data collected from the operating of ships for five years, The GM by ship's type according to the operating status was analyzed specifically such as a ship's length, breadth, and gross tonnage. The feature of the GM distribution according to a ship's length was confirmed, and after performing the correlation analysis between the breadth and the GM, the ratio of the GM to breadth was calculated, and the result was compared with the previous ratio. Additionally, a simple approximation formula and minimum GM for the estimation of the GM by ship type were proposed by the regression analysis of the GM using the gross tonnage (GT)/breadth (B) to reflect the trend of larger ships being built. The results of this study are expected to be used as data for the review of securing a stable GM on ships.

A Study on the Prediction System of Block Matching Rework Time (블록 정합 재작업 시수 예측 시스템에 관한 연구)

  • Jang, Moon-Seuk;Ruy, Won-Sun;Park, Chang-Kyu;Kim, Deok-Eun
    • Journal of the Society of Naval Architects of Korea
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    • v.55 no.1
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    • pp.66-74
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    • 2018
  • In order to evaluate the precision degree of the blocks on the dock, the shipyards recently started to use the point cloud approaches using the 3D scanners. However, they hesitate to use it due to the limited time, cost, and elaborative effects for the post-works. Although it is somewhat traditional instead, they have still used the electro-optical wave devices which have a characteristic of having less dense point set (usually 1 point per meter) around the contact section of two blocks. This paper tried to expand the usage of point sets. Our approach can estimate the rework time to weld between the Pre-Erected(PE) Block and Erected(ER) block as well as the precision of block construction. In detail, two algorithms were applied to increase the efficiency of estimation process. The first one is K-mean clustering algorithm which is used to separate only the related contact point set from others not related with welding sections. The second one is the Concave hull algorithm which also separates the inner point of the contact section used for the delayed outfitting and stiffeners section, and constructs the concave outline of contact section as the primary objects to estimate the rework time of welding. The main purpose of this paper is that the rework cost for welding is able to be obtained easily and precisely with the defective point set. The point set on the blocks' outline are challenging to get the approximated mathematical curves, owing to the lots of orthogonal parts and lack of number of point. To solve this problems we compared the Radial based function-Multi-Layer(RBF-ML) and Akima interpolation method. Collecting the proposed methods, the paper suggested the noble point matching method for minimizing the rework time of block-welding on the dock, differently the previous approach which had paid the attention of only the degree of accuracy.

Evaluation of Sediment Yield Prediction and Estimation of Sediment Yield under Various Slope Scenarios at Jawoon-ri using WEPP Watershed Model (WEPP Watershed Version을 이용한 홍천군 자운리 농경지 토양유실 예측 및 경사도에 따른 토양유실량 평가)

  • Choi, Jaewan;Hyun, Geunwoo;Lee, Jae Woon;Shin, Dong Suk;Kim, Ki-Sung;Park, Younshik;Kim, Jonggun;Lim, Kyoung Jae
    • Journal of Korean Society on Water Environment
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    • v.25 no.3
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    • pp.441-451
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    • 2009
  • To evaluate the soil erosion best management practices, many computer models has been utilized over the years. Among those, the USLE and SWAT models have been widely used. These models estimate the soil erosion from the field using empirically-based USLE/MULSE in it. However, these models are not good enough to estimate soil erosion from highland agricultural watershed where severe storm events are causing soil erosion and muddy water issues at the receiving watersheds. Thus, physically-based WEPP watershed version was applied to a watershed, located at Jawoon-ri, Gangwon with very detailed rainfall data, rather than daily rainfall data. Then it was validated with measured sediment data collected at the sediment settling ponds and through overland flow. In this study, very detailed rainfall data, crop management data, soil data reflecting soil reconditioned for higher crop production were used in the WEPP runs. The $R^2$ and the EI for runoff comparisons were 0.88 and 0.91, respectively. For sediment comparisons, the $R^2$ and the EI values were 0.95 and 0.91. Since the WEPP provides higher accuracies in predicting runoff and sediment yield from the study watershed, various slope scenarios (2%, 3%, 5.5%, 8%, 10%, 13%, 15%, 18%, 20%, 23%, 25%, 28%, 30%) were made and simulated sediment yield values were analyzed to develop appropriate soil erosion management practices. It was found that soil erosion increase linearly with increase in slope of the field in the watershed. However, the soil erosion increases dramatically with the slope of 20% or greater. Therefore special care should be taken for the agricultural field with slope greater than 20%. As shown in this study, the WEPP watershed version is suitable model to predict soil erosion where torrential rainfall events are causing significant amount of soil loss from the field and it can also be used to develop site-specific best management practices.

A Study on the Characteristics of High-Tension Bolted Joints' Behavior due to Surface Condition (표면상태에 따른 고장력볼트 마찰이음부의 거동특성에 관한 연구)

  • Cho, Sun Kyu;Hong, Sung Wook
    • Journal of Korean Society of Steel Construction
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    • v.9 no.3 s.32
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    • pp.421-430
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    • 1997
  • In this study, the static and the fatigue tests were performed with high tension bolted joints, of which the surfaces were spread with inorganic zinc-primer after shot-blast, and milling surface, and steel-natural surface, difference of friction surface condition were examined by comparing the esults of tests. From the result of synthetical investigation of this study. it is proper that using the torque management method in order to introduce design axial force to blots, and the provision of specifications that initial axial forces must be 110% of design axial forces is proper. Decreasing ratio of axial forces to initial force is proportional to common lorgarithms of time progress, it converge constant value after 20 hours, and decreasing ratio is little related to the roughness of friction surface. Sliding coefficient of milling, spreading inorganic zinc-primer, just producting is great in order and sliding forces are dependent on the applied axial forces, but if the applied axial forces are great, sliding coefficient become small by a loss of roughness. So it is confirmed that relation between the applied axial forces and the sliding forces are not proportional linearly. From the result of estimation on fatigue strength, all specimens satisfy the specifications with B-grade and milling surface is lower than the others about 14% in fatigue strength because in milling surface lose the function of friction-types joints at lower number of cycles. From the result of eximination for the distribution area of compressive force, friction area near to inside bolt is wider in the direction of stress than near to outside. It is guessed that this situation occurs because outside bolts firstly change from the friction connection to the bearing connection.

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Prediction of Landslide Using Artificial Neural Network Model (인공신경망모델을 이용한 산사태 예측)

  • 홍원표;김원영;송영석;임석규
    • Journal of the Korean Geotechnical Society
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    • v.20 no.8
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    • pp.67-75
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    • 2004
  • The landslide is one of the most significant natural disasters, which cause a lot of loss of human lives and properties. The landslides in natural slopes generally occur by complicated problems such as soil properties, topography, and geology. Artificial Neural Network (ANN) model is efficient computing technique that is widely used to solve complicated problems in many research fields. In this paper, the ANN model with application of error back propagation method was proposed for estimation of landslide hazard in natural slope. This model can evaluate the possibility of landslide hazard with two different approaches: one considering only soil properties; the other considering soil properties, topography, and geology. In order to evaluate reasonably the landslide hazard, the SlideEval (Ver, 1.0) program was developed using the ANN model. The evaluation of slope stability using the ANN model shows a high accuracy. Especially, the prediction of landslides using the ANN model gives more stable and accurate results in the case of considering such factors as soil, topographic and geological properties together. As a result of comparison with the statistical analysis(Korea Institute of Geosciences and Mineral Resources, 2003), the analysis using the ANN model is approximately equal to the statistical analysis. Therefore, the SlideEval (Ver. 1.0) program using ANN model can predict landslides hazard and estimate the slope stability.