• Title/Summary/Keyword: Refund Guarantee

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A Legal and Practical Study on the Main Clauses of a Refund Guarantee in a Shipbuilding Contract (선박수출거래에서 환급보증(Refund Guarantee) 주요 조항의 법적·실무적 고찰)

  • KIM, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.72
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    • pp.25-55
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    • 2016
  • The Buyer shall demand to the Builder the repayment of the pre-delivery instalments paid in case of the Builder's default under a ship-building contract. The Buyer require a refund guarantee issued by a financial institution for a security for the repayment of the pre-delivery instalments paid. As the title of a refund guarantee, in practice, is various, we should look into the contents or the expressions in a guarantee to decide whether a guarantee is a refund guarantee. A refund guarantee, a sort of independent bank guarantee, has characteristic of abstractness, and is independent from the ship-building contract. A refund guarantee is available against the beneficiary's first written demand and signed statement certifying that the Builder failed to make the refund in accordance with the ship-building contract. The guaranteed amount of a refund guarantee will be automatically increased in accordance with the Builder's receipt of the respective instalment, which is not in the other advance payment guarantee. These characteristics of a refund guarantee are derived from the expressions in a refund guarantee rather than inherent therein. This illustrates that careful attention is required to the contents and expressions of the main clauses in a refund guarantee.

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Legal Issues and Improvement Measures for Refund Implementation of Housing and Urban Guarantee Corporation in case of Housing Sale Guarantee Accident (주택분양보증사고시 주택도시보증공사 환급이행의 법적쟁점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.626-633
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    • 2021
  • In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

Study on Main Issues and Points of K-sure's Refund Guarantee System of Korean Small and Middle Shipbuilding Industries Around Global Financial Crisis -Focus on the Support of K-sure for 'S' Shipbuilding Co.- (한국무역보험공사의 중소 조선 산업에 대한 보증제도 운영지원과정상의 문제점과 정책시사점)

  • Lee, Eun-Jae
    • International Commerce and Information Review
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    • v.14 no.4
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    • pp.339-360
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    • 2012
  • We have more risks in international trade market than in the domestic business market because economic activities are going on with business transactions in different countries. K-sure's Refund Guarantee System is the most important system for Korean Small and Middle Shipbuilding Industries' business, but Korean exporters of Shipbuilding Industries are more interested in export financing through K-sure rather than its financial supporting services. The export insurance becomes more important service for international trade business and it its count as the only one indirect way of supporting export business because export insurance is accepted internationally under the WTO system. Also, it is the only measure that can cover emergency risk, credit risk, exchange risk which cannot be covered by private insurance. As the major risk manager for Korean exporters, the K-sure needs to provide an integrated risk management service for customers. Korean exporters can take more challenges in ever competitive international trade market and we can witness promotion of export in the future which is essential to Korea's economic growth.

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A Study on the Main Clauses of a Shipbuilding Contract and the Relevant Measures on Disputable Issues (선박수출계약의 주요 조항 및 주요 분쟁사항에 대한 대처방안의 연구)

  • Kim, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.3-44
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    • 2012
  • Shipbuilding industry is one of the most influential ones in Korea. As shipbuilding industry is labor-intensive, it contributes to enhancing both local economy and national economy. Shipbuilding industry has been downsizing since the end of 2008 due to global financial crisis caused by America's sub-prime mortgage and aggravated by European countries' fiscal deficit. As a large fund is required for a single normal shipbuilding contract, fund raising is one of the most important elements in shipbuilding contract. Shipbuilding contract, requires refund guarantee in order for a buyer to reimburse the progressive payment paid to a builder. The disputes under shipbuilding contracts are mostly settled by arbitration rather than by law suit. English laws and English courts have been preferred for the choice of law as well as for the choice of forum. Due to depreciation of the ship value since the end of 2008, a number of buyers are trying to cancel the contract by raising unjust claim under the contract. Once disputes occurs regarding shipbuilding contract, a large amount of loss is inevitable. In order to mitigate the disputes arising from the shipbuilding contract, careful caution is required in drafting a shipbuilding contract.

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A Study on the Marketing Strategies of Internet Fashion Shopping Malls - Focused on the Case Study of Internet Fashion Shopping Malls - (인터넷 패션 쇼핑몰의 마케팅 전락략- 인터넷 패션 쇼핑몰의 사례조사를 중심으로 -)

  • 신수연;김민정
    • The Research Journal of the Costume Culture
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    • v.12 no.1
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    • pp.41-58
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    • 2004
  • The purpose of this paper was to propose the efficient strategies of internet fashion shopping malls to success in the internet shopping mall market growing rapidly. Representative 5 internet fashion shopping malls - Halfclub, Fashionplus, e-Hyundai, Hansol CSClub and LGeShop - were selected and in-depth interviews were performed to analyze their marketing 4P's strategies. The results of this study are as fellows. Five shopping malls'main targets are women in twenties and early thirties. The price strategies are various according to shopping malls'character. In general, there are small amounts of discounts on new products(about 5%) which are sold by department stores. Shopping malls executed delivery of goods by cooperation with distribution companies and direct distribution of subcontract companies. Shopping malls are sending e-mails to the members as a promotion strategy. CRM(Customer Related Management) is partially implemented. Joint purchase and various events are conducted frequently. Shopping malls guarantee exchange and refund services.

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Refunds Reusable Online Electronic Check System (거스름의 재사용이 가능한 온라인 전자수표시스템)

  • 김상진;최이화;오희국
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.11 no.1
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    • pp.73-85
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    • 2001
  • Electronic check schemes are more efficient than electronic coin scheme with respect to computational costs and the amount of information exchanged. In spite of these, difficulties in making a refund reusable and in representing the face value of a check have discouraged its development. In this paper, a new online electronic check system is presented, which solves the above problems. This system uses the partially blind signature to provide user anonymity and to represent the face value of a check. The partially blind signature enables us to make the format of refunds and initially withdrawn checks identical. Thus, it allows refunds to be reused to buy goods without any limitatiosn. Both initially withdrawn checks and refunds in our system guarantee untraceability as well as unlinkability. We also use a one-time secret key as the serial number of a check to increase the efficiency of payments. The presented check system also provides multiple offline shopping sessions to minimize the number of online messages handled by a bank. During the multiple offline shopping session, we use a one-way accumulator to provide non-repudiation service. We also analyze our new systems our new system\`s security, efficiency, and atomicity.

Criteria of Evaluating Clothing and Web Service on Internal Shopping Mall Related to Purchase Experience (인터넷 쇼핑몰 이용자의 의류제품 구매경험에 따른 의류제품 및 웹 서비스 평가기준에 관한 연구)

  • 이경훈;박재옥
    • Journal of the Korean Society of Clothing and Textiles
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    • v.28 no.5
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    • pp.603-614
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    • 2004
  • The purpose of this study was to investigate the criteria of evaluating clothing and web service on internet shopping malls related to consumers' shopping behavior, This study surveyed consumers who have an experience of buying products on the internet shopping mall and the questionnaire and judgment sampling was used. The subjects were 305 men and women living in the metropolitan area. Method of data analysis were factor analysis, t-test, ANOVA, Duncan test and descriptive statistics. The results were as follows: the items buy from the internet were t-shirts, blouses, knits, skirts and pants. The reasons for buying clothing on the internet were good prices, time saving, door-to-door delivery, while the reasons for not buying on the internet were worries about differences between the product shown on the screen and the actual one, quality guarantee, delivery accident and inconvenience in exchange and refund. Among the differences of clothing evaluation criteria according to internet shopping behavior, significant differences were found in the esthetic criteria and the quality performance criteria according to internet using hours, and in the esthetic criteria according to buying experiences. Among the differences of web service evaluation criteria according to internet shopping behavior, the differences among the groups were found in the reliance criteria, the product reference criteria, the order processing criteria and the handling after purchase criteria according to internet using hours. The significant differences were found in the handling after purchase criteria and the promotion$.$policy criteria according to buying experience, and in the promotion$.$policy criteria according to times of purchase.