• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.187-210
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• 2011

International transactions have the threat of non-payment by the buyer or non-performance by the seller. Parties tend to search for additional means of securing performance and payment beyond the mere agreement in the contract. Such security may be achieved by means of a letter of credit. When contracting parties have agreed to pay by means of a letter of credit, the buyer's bank takes upon itself the obligation to pay the purchase price when the seller tenders the documents that are stipulated in the letter of credit. The documents must comply strictly with the terms of the credit.. The documents play a crucial role in letter of credit transaction. The principles of abstraction, separability and strict compliance governing the letter of credit transaction are considered. The concept of fundamental breach of Article 25 CISG was discussed. This article examines whether a failure to deliver documents conforming to the terms of the letter of credit can constitute a fundamental breach of the sales contract as defined by Article 25 of the CISG by the seller and thereby enable the buyer to avoid the contract. For letter of credit transactions it should be accepted that the delivery of non-performing documents constitutes a fundamental breach, if the result of this breach is that the bank refuses to pay the price for the goods. On the other hand, in the interpretation of Article 25 CISG, it should be noted that if the parties have agreed to payment by means of a letter of credit, they have simultaneously agreed to apply the strict compliance principle to the delivery of documents in the sales contract. Finally the parties should ensure that inconsistency between the requirements under the documentary credit and the requirements under the contract of sale is avoided, since the buyer may be in breach of his payment obligation if the seller cannot get paid under the documentary credit when his documents conform with the contract of sale.

• Journal of computational fluids engineering
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• v.17 no.1
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• pp.8-15
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• 2012

A code developed using the flux-difference splitting scheme on the hybrid Cartesian/immersed boundary method is applied to simulate three-dimensional internal waves. The material interface is regarded as a moving contact discontinuity and is captured on the basis of mass conservation without any additional treatment across the interface. Inviscid fluxes are estimated using the flux-difference splitting scheme for incompressible fluids of different density. The hybrid Cartesian/immersed boundary method is used to enforce the boundary condition for a moving three-dimensional body. Immersed boundary nodes are identified within an instantaneous fluid domain on the basis of edges crossing a boundary. The dependent variables are reconstructed at the immersed boundary nodes along local normal lines to provide the boundary condition for a discretized flow problem. The internal waves are simulated, which are generated by an pitching ellipsoid near an material interface. The effects of density ratio and location of the ellipsoid on internal waves are compared.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.25 no.4
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• pp.582-591
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• 2001

It is known that the reduced integration, modified shape function, anisoparametric and non-conforming element can reduce the error induced by stiffness locking phenomenon in the finite element analysis. In this study, we propose new anisoparametric curved beam element. The new element based on reduced minimization theory is composed of different shape functions in each displacement field. By the substitution of this modified shape function, the unmatched coefficient that cause stiffness locking in the constraint energy is eliminated. To confirm the availability of this new model, we performed numerical tests for a simple model. As a result of numerical test, the undulate stress patterns are disappeared in static analysis, and displacements and stresses are close to exact solution. Not only in the static analysis but also in the eigen analysis of free vibrated curved beam model, this element shows successful convergent results.

• Journal of the Society of Naval Architects of Korea
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• v.31 no.4
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• pp.58-65
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• 1994

It is very important to understand characteristics of solution due to the variation of computational grid sizes, especially when turbulence model not incorporating wall-function is used. The present paper performs numerical investigation on the grid dependency of numerical solution for three dimensional turbulent flow field around a ship. In the present study a finite volume method with a modified sub-grid scale turbulence model and a numerically constructed non-orthogonal curvilinear coordinate system capable of conforming complex ship geometries are used. Numerical studies are then performed for a mathematical Wigley hull and the Series 60, $C_B=0.8$ hull forms. The results for various grid sizes are compared with each other and with measured data to show grid dependencies of numerical solutions.

• Human Ecology Research
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• v.61 no.3
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• pp.281-295
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• 2023

This study examined consumer attitudes and intentions to participate in reward-based crowdfunding projects for fashion products. We focused on consumer innovation, price sensitivity, conformity, and consumer values as factors that might influence such attitudes and intentions. A survey was conducted with 228 individuals aged 18 years and older who are aware of or have had experience using crowdfunding. Respondents were asked to answer questions based on the example of actual fashion crowdfunding projects. To analyze the data, reliability tests, the generation of descriptive statistics, factor analysis, and multiple regression were performed using SPSS 25.0. The results revealed that consumer innovativeness, non-conforming tendency, and emotional, quality, social, and ethnical consumer values had a significant influence on attitudes, which in turn affected intentions to participate in crowdfunding. Consumer innovativeness, price sensitivity, emotional value, and social value also had a direct influence on intentions to participate. In addition to its academic contribution, this study has important marketing implications for project initiators striving to identify and understand consumers who are willing to participate in reward-based crowdfunding for fashion products.

• International Commerce and Information Review
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• v.13 no.3
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• pp.459-485
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• 2011

This paper examines the seller's obligation to deliver documents conforming to the terms of the sales contract as set forth in articles 30 and 34 of the CISG. Article 30 obliges the seller to band over documents relating to the goods. This obligation to band over documents is further elaborated in article 34. According to article 34, the documents must be tendered at the time and place, and in the form, required by the contract. If the seller has delivered non-conforming documents before the agreed time, he has the right to remedy the defects if this would not cause the buyer unreasonable inconvenience or expense. However, the buyer can claim any damages suffered despite the seller's remedy. Specific emphasis is placed on the interplay between the CISG and Incoterms. Incoterms contain detailed rules governing the obligations of the seller to provide for documents. Incoterms constitute international trade usage under articles 9(1) and 9(2) CISG and supplement construction of CISG with UCP under L/C transaction. In the event of failure by seller to deliver the necessary documents, the buyer has certain remedies available, such as the right to claim damages, the right to demand specific performance, and the right to repair. Furthermore, the failure to deliver the required documents under contract constitute a fundamental breach of the underlying sales contract as defined by article 25 of the CISG by the seller, and thereby enable the buyer to avoid the contract entirely article 49. However, it is stressed that since one of the main principles of the CISG is the preservation of the contract, the avoidance of the contract should remain a remedy of last resort.

• Journal of the Society of Naval Architects of Korea
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• v.51 no.4
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• pp.265-273
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• 2014

Wave-body interaction is simulated using a developed code based on the flux-difference splitting scheme for immiscible and incompressible fluids and the hybrid Cartesian/immersed boundary method. A free surface is captured as a moving contact discontinuity within a fluid domain and an approximated Riemann solver is used to estimate the inviscid flux across the discontinuity. Immersed boundary nodes are identified inside an instantaneous fluid domain near a moving body, then dependent variables are reconstructed at those immersed boundary nodes based on interpolation along local normal lines to the boundary. Free surface flows around an oscillating cylinder are simulated and the computed wave elevations are compared with other reported results. The generation of a solitary wave by a moving wave-maker is simulated and the time histories of wave elevations at two different points are compared with other results. The developed code is applied to simulate body motion of an elastically mounted circular cylinder as a solitary wave passes the body. The force acting on an elastically mounted cylinder is compared with the force acting on a fixed cylinder. Grid independency of the computed body motion is established based on a comparison of results using three different-size grids.

• Transactions of the Korean Society of Mechanical Engineers A
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• v.38 no.4
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• pp.451-457
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• 2014

Recently, as a means of resolving the issue of legal liability in the event of an accident or a disaster, a wide variety of simulation techniques, such as structural and structure-fluid interaction analysis, have been used in the field of forensic engineering. The plate girder bridge discussed in this paper was being constructed between a pier and an abutment to expand an existing bridge, but an accident whereby the bridge overturned occurred at the end of the concrete laying process for a protective wall. This accident was caused by additional loads not being considered at the time of the design as well as the actual construction being different from the design. The additional loads ultimately generated a negative support force. In this study, we determined the cause of the accident by comparing the structural stability of the original design with that of the additional, non-conforming construction using MIDAS structural analysis.

• Journal of the Computational Structural Engineering Institute of Korea
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• v.23 no.3
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• pp.267-274
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• 2010

Unlike the structure which has a homogeneous material property, a composite structure is coupled with materials which have different properties, namely, steel and concrete. At actual modeling, the real behavior cannot be predicted without consideration of those material characteristics. Therefore, by putting the interface element between concrete and steel, a slip of steel and concrete is made predictable. Interface element can be used properly not by an ordinary constitutive relation, but by a non-linear constitutive relation considering actual adhesion and slip. A contact surface between plate-shape steel box and concrete is described by using this interface element. Furthermore, because the general 8 node conforming element is inappropriate for describing a bending buckling behavior of steel box, the EAS(Enhanced Assumed Strain) solid-shell element is used to describe a bending behavior of plate-shape steel box.