• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.107-126
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• 2016

The parties in International Sale of Goods including Korean Firms Should note ; The buyer must pay the price for the goods and take delivery of them as required by the contract and CISG. The obligations mentioned in Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made. International sales contracts frequently prescribe that the buyer has to act in advance, that is before the seller starts the process of delivery. Such acts may be either advance payments or the procurement of securities for payment as letters of credit guarantees. On the other hand, The seller deliver the goods hand over any documents relating to them and transfer the property in the goods, as required by the contract and CISG. The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Except where the parties have agreed otherwise, the goods do not conform with the contract unless they are fit for the purposes for which goods of the same description would ordinarily be used are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement. The buyer may declare the contract avoided if the failure by the seller to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract. The seller may declare the contract avoided if the failure by the buyer to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.251-293
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• 2002

The study is a comparative and analytical study which comprises of the analysis of the rules of the buyer's right to withhold performance where the seller delivers defective goods or documents of three legal systems; the CISG, English law and Korean law. The purposes underlying this study are twofold. The first is to clarify the current position as to the right of withholding performance in the event of the seller's tender of defective goods or documents in Korean law, CISG and English law so that it may assist the parties in drafting the buyer's right to withhold performance in their own contract. The second is to compare the rules of one jurisdiction with those of other jurisdictions and to evaluate the rules in light of the practical functions and benefits of the right to withhold performance and the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It shows that each jurisdiction does not have any provision or case law specifically dealing with the buyer's right to withhold performance where the seller delivers the goods which are defective in terms of quality or quantity. The absence of such provision or case in each jurisdiction has resulted in either disputes or uncertainty. However, the study executed in light of the primary functions and benefits of the right in practice and the discipline of comparative law reveals that, first, the view in English law which is against recognizing the right may not be justified when one considers the practical importance of having the right and the position taken by the CISG as a well developed and modernized law, second, the view in Korean law which argues that the principle of specific goods dogma on which it is based is extended even to substitutable or repairable goods cannot be also justified on the ground of one's ordinary expectation and the position under the CISG and English law which imposes a contractual duty to deliver non-defective goods on the seller insofar as the buyer's payment is deemed to be made in exchange for the seller's delivery of non-defective goods and they are substitutable or repairable. Regarding the right to withhold performance in the event of the seller's tender of defective documents, the study shows that the relatively detailed rules in English law may be utilized as a guideline to fill the gap in the CISG and Korean law in terms of the practicability and appropriateness to govern documentary sales. Furthermore, it is found that the position in English law which confers on the buyer the right to withhold performance for a trivial defect in documents may be unreasonable in terms of one's need to enable justice to be done in individual cases.

• Fashion & Textile Research Journal
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• v.4 no.6
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• pp.517-523
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• 2002

This study examines whether there are differences in consumer's evaluation price zone on the clothing clue (the type of clothing, brand, time of fashion, place of origin, material. submaterial, place for sale) according to consumer purchasing behavior. Therefore the ultimate goal is to offer help in fixing price when establishing marketing of the clothing industry by grasping the actual price set by consumers under the IMP system. The female consumers of 20s and 30s were chosen as study subjects for their sensitivity to the purchase of clothing. The tests carried out in this research are: SPSSIPC+ is used for frequency Analysis. The Results of this study are showed as the following: It was analyzed that 4 types of consumer are the reasonable consumption oriented consumer, fashion oriented consumer, the no care of fashion consumer and high price oriented consumer Among the several kinds such as the type of clothing, brand, time of fashion, place of origin, material, submaterial, place for sale, only on the type of clothing, there are difference in the type of the consumers, on the time of buying clothes, in the behavior of buying clothes and also on the degree of fashion and the place of origin among such kinds.

• Agribusiness and Information Management
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• v.11 no.2
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• pp.5-15
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• 2019

The world of smart agribusiness is still far from being fully and effectively applied by the Italian entrepreneurial fabric. In part, this is due to the fact that its potential and important connections with the technological world of reference are not fully known. The imperative is therefore: to learn how to manage all the processes that characterize the agricultural chain in a synergistic way, from production to the sale of the product to the final consumer. It is therefore essential to know every minimum aspect of the supply chain considering the current strengths on which to leverage but especially the weaknesses on which to intervene thanks to the use of technology available on the market. Today, the supply chain is still considered as a set of phases, one consecutive to the other, as if they were detached from each other. However, in order to operate efficiently, each step should be interconnected: from the farmer's decision to produce an agricultural good to the choice of production factors, from the implementation of harvesting and post-harvest operations to processing, from the selection of goods suitable for sale to the logic of distribution on the target territory. This work investigates the potential strategy using digital technologies in order to make dynamic the agribusiness supply chain, especially because in Italy the agri-food is one of the most important economic sectors but it is far from the most innovative trends available on the market.

• Journal of Information Technology Services
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• v.14 no.4
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• pp.269-281
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• 2015

The objective of this study is offering new on line business model for automotive market. In order for the research aim, we conduct direct in-depth interviews with CEO, including analysis of business patterns on eight automotive firms in Gwangju city. As a result, we suggest new business model so called, Online to offline (o2o) that combines advantages in both off-line and on-line business. Techniques that o2o automotive companies may employ include in-store pick up of items purchased online, allowing customers. Purchasing the automotive is not only a car but also services including insurance, warrant services. o2o business model suggested shows the operating of the goods and service sale. When it comes to characteristics of automotive conventional sale patterns, utilization of the online-to-offline commerce has not eliminated the advantages that e-commerce companies have. That model can enhance the new values for customers as well as new market creation. Also, this new business model (o2o) can contribute the emerging industry business model installed based in particular, emergence of Iot (Internet of thing) in terms of sharing knowledge and information between enterprise and customers.

• Journal of the Korean Society of Costume
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• v.48
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• pp.37-52
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• 1999

The purpose of this study was to find out the clothing-consumption propensity(CCP) and to classify consumption types in CCP and to classify consumption types in CCP and to compare the classfied groups on their consumer characteristics among Korean female X-generation. The survey method was conducted for this study. The subjects are 477 Koran femal X-generation whose age ranges from 18 to 29 and who reside in Seoul and its adjoined areas. The span of the survey was February through March in 1998. the results were analyzed by using of SPSS/PC+package. 1. The clothing consumption motives among the female X-generation were the sensuous satisfaction for posession motive the were practical necessity of the purcahse successively in order. The clothing consumption attitude were the practical electicism the effective value the favorable attitude on low price goods toward sale items and the self-control over their consumption. 2. According to the CCP consumers were classified into five groups: electice and practical group ostentatious and extravagant group passive and economical group sensuous and practical group and sale-fond group. The respective group showed significant difference in the nine factors of the CCP. 3. Consumtion type group had significantly difference in lifestyle among consumer factor and materialistic propensity influence of economic recession follow consumption among social influence factors.

• 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.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.93-123
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• 2005

As the international commercial transaction has drastically grown up with the mainland China, commercial disputes that are required to settle through ADR have tremendously increased during the last decade. Since China has not been fully exposed to the Free World for a long period of time, there would have been a great amount of misunderstanding about their competency and integrity to deal with internationally oriented commercial transactions with a view to internationally acceptable manner. This arbitration case was related to the contract in dispute of C&A Inc. as the importer v. China XX Importation Co. as the exporter for the sale of Silicon Metal. But after the contract were formed, exporter(respondent) declined to deliver the goods under the contracts because the market price of Silicon Metal increased according to the argument of the importer(claimant). Importer had to purchase alternative goods from other companies to substitute for the goods subject to the contracts in dispute. Importer purchased silicon metal of the same quality as under the contracts from two other Chinese companies as the necessary measure to mitigate the loss, paying prices higher than the contract price. Since exporter had breached the contracts, importer's loss should be compensated by the exporter as the Arbitration Tribunal decided for supporting importer's claim of loss for the substitute goods. This study is aiming at analyzing the rationale of the arbitral awards made by the Shanghai Commission in terms of (l)Place of Arbitration, (2)Applicable Law, (3)Validity of the Contracts, (4)Doctrine of Frustration, (5)Responsibility for the Mitigation of Damage by the Importer.

• 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.62
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.