• 디자인학연구
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• 제18권1호
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• pp.253-262
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• 2005

급변하는 멀티미디어시대에 백화점은 지역 소비자들의 문화적 욕구를 충족시키는 장소역할 뿐 아니라 새로운 라이프스타일의 추구와 소비패턴의 연출장소로도 활용되고 있어 소비자들의 구매 욕구를 불러일으키기 위한 비주얼머천다이징의 중요성은 더욱 더 커지고 있다. 본 논문은 백화점 화장품매장에서 여성고객이 화장품을 구매할 때 비주얼머천다이징 전략이 어떠한 영향력이 있는지 그 선호도를 설문조사하여 분석하였는데 그 결과를 보면 다음과 같다. 매장디자인 연출구성에 있어서 색채와 P.P(Point of Sale Presentation)의 선호도가 일반요인인 상품의 품질, 가격, 직원서비스 다음으로 중요한 것으로 나타남에 따라 화장품기업들은 비주얼머천다이징전략을 시행할 때 제품의 판매촉진을 위해 각 브랜드의 차별화 된 트레이드컬러의 제시와 P.P 즉, 분류된 상품의 판매 포인트를 상품정보와 함께 표현, 연출하는 것이 무엇보다 중요하다고 할 수 있다.

• 무역상무연구
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• 제5권
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• pp.7-44
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• 1993

This study is focused on the review of buyer's remedy resulting from the breach of seller's duty in contracts for the international sale of goods focusing on UNCCIS, 1980 and the problems and suggestions of proper ideas for solving the problems. First problem on the buyer's remedy is related to the breach of seller's duty on del ivory of the contracted goods. When seller has failed to deliver the contracted goods to buyer within the stipulated periods, buyer can treat the contract as avoided and claim damages from seller. By the way, since UNCCIS does not provide any stipulation on the time of buyer's avoidance of the contract, buyer can delay the time of avoidance when the price of contracted goods is rising rapidly and enlarge the amount of damages, Since this stipulation is clearly unreasonable, proper solutions are required for UNCCIS. Second problem is related to the breach of seller's duty on deliver of goods which are of the quantity, quality and description required by the contract and which are contained or packged in the manner required by the contract. When seller has failed to deliver goods which are confirm with the contract, buyer may have one of the two rights of damages and the price reduction according to UNCCIS provided that he does not choose the avoidance. But, since the character and position of the price reduction as a buyer's remedy are not sufficient solutions, more detailed review on this point is required. Third, Seller's duty to provide documents is very important for overseas trade, but UNCCIS does not provide any specific buyer's remedy in comparison with the other remedy and also does not provide any stipulation on the Letter of Credit which have important roles for a device of setting payment in overseas trade. This means that trade customs and practice have not sufficiently reflected in UNCCIS. As the problems mentioned above may decrease the evaluation of buyer's remedy in UNCCIS and, furthermore, that of UNCCIS itself, proper solutions on these points are needed.

• 무역학회지
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• 제42권2호
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• pp.391-410
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• 2017

매수인의 지급불능의 위험에 대응하기 위하여 매도인은 대금이 지급될 때까지 물품에 대한 소유권을 유보할 수 있는 조항을 계약에 명시한다. 그러나 소유권유보 조항은 Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd 사건이후 그 적용 범위가 확대되면서 매도인의 권리에 대하여 논란이 발생하였다. 이 사건에서 법원은 기본적인 소유권유보 조항보다 매도인에게 확대된 권리를 인정하였고, 매도인에게 확대된 권리를 부여한 조항을 'Romalpa' 조항으로 칭하였다. 이 조항에서 매수인의 지급불능시 매도인에게 부여하는 권리는 첫째, 매도인이 인도한 물품으로 매수인이 생산한 새로운 물품에 대하여 매도인이 권리를 주장할 수 있다는 것, 둘째, 매수인이 수취한 전매 대금에 대하여 매도인이 추급할 수 있다는 것이다. 그러나 법원은 이러한 권리가 영국회사법상 등록되어야 하는 담보(a charge)의 성격을 지닌 것으로 등록되지 않는 한 'Romalpa' 조항에서 명시한 매도인의 권리는 인정하지 않고 있다. 결국 SGA상 계약에서 명시한 'Romalpa' 조항에 따른 매도인의 확장된 권리는 보장되지 않고 있다.

• 무역상무연구
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• 제41권
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• pp.3-21
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• 2009

To understand the procedure of international commercial transaction clearly and logically, this author would like to emphasize the contractual approach in this paper. The main contract in the transaction is the contract of sale; to perform this contract, the three subordinate or supporting contracts(including the contract of carriage, the contracts of insurance and the contract of payment) should be followed and performed. In the contract of sale, besides the express Terms, the trade Terms have very comprehensive meanings. Each trade term in Incoterms(2000) deals with the matters relating to the rights and obligations of the parties to the contract of sale with respect to the delivery of the goods sold. It also provides for the duties of seller or buyer relating to the contract of carriage, the contract of insurance and the payment in the process of the delivery of goods. Especially, it does not provide the methods of payment concretely, but it imposes the seller to hand over the documents evidencing the conformity of the contract of sale, and the delivery which includes the documents of carriage and/or insurance. Thus although the trade Terms deal with the obligations of the seller or buyer directly, they are very closely related with the contract of carriage and the contract of insurance indirectly, and also with contract of payment using the documentary draft. For the Arbitration or the litigation in the case of the breach of contract, the trade Terms play very significant roles. When an arbitrator or a judge decides the case, they should understand each obligation clearly, in which case, the trade terms give answers about who is wrong or who is right. Therefore, the contractual approach focusing on the trade terms would give very fruitful advantages to the students or teachers in understanding the procedure of the international commercial transaction systematicly and comprehensively.

• 무역상무연구
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• 제69권
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• pp.673-698
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• 2016

This study tries to conduct a systematic analysis on whether adding up the royalties and license fees or not in measuring the taxable amount of tariff. We have confirmed that three main criteria to decide whether it is yes or not are non-inclusion, relatedness and condition of sale. We also have realized that whether satisfying a condition of sale or not depends on license agreement, sales contract, special relationship and so on. Furthermore, we have made case studies of bonded factory, film's domestic distribution, exempt royalty and license fee, price for exclusive use of relevant technology, retroactive application of price change and strict interpretation. Based on the case studies we have derived the following conclusions: First, the royalties and license fees only actually paid to the licensors may be added to taxable amount. Second, the royalties and license fees incurred after the imported goods are made into domestic goods may not be added up. Third, the royalties and license fees paid as a price for use may not be added up. Fourth, the analogical interpretation of relevant codes is not accepted.

• 대한지리학회지
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• 제34권1호
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• pp.99-118
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• 1999

산지직송이 많이 이루어지는 비가공 식품인 소백산 영지버섯과 보은 대추의 우체국과 농협을 통한 통신판매지역에 대한 공간구조를 고찰한 결과 다음과 같은 점이 밝혀졌다. 소백산 영지버섯의 지역적 판매는 판매지역의 인구규모에 의해, 보은 대추는 인구규모와 산지와의 시외전화 기본요금에 의해 설명되어 생산량의 지역적 변동이 작고 한약재의 중간재 성격이 강한 영지버섯은 시외전화 기본요금인 거리의 영향을 받지 않는다. 이에 대하여 생산량의 지역적 변동이 크고 최종 소비재의 성격이 강한 보은 대추의 경우는 거리의 제약을 받고 있다는 점이 밝혀졌다.

• 무역상무연구
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• 제69권
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• pp.85-105
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• 2016

The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

• 한국중재학회지:중재연구
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• 제13권2호
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• pp.291-319
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• 2004

The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.

• 한국중재학회지:중재연구
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• 제26권1호
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• pp.135-157
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• 2016

CISG는 국제물품매매 영역에서 가장 중요한 국제협약으로서, 많은 중재 기구에서는 중재사건을 처리함에 있어서 본 협약을 적용하여 분쟁을 해결하고 있다. 중국은 본 협약이 효력을 발생할 때부터 이미 협약의 체약국이었고 본 협약을 적용하여 여러 건의 사건을 해결하였다. 본문은 CISG가 중국에서의 법률적 지위, 중국 중재기구의 CISG에 대한 적용방법 및 적용함에 있어서의 문제점에 대하여 분석을 하고, 이에 대한 개선의견을 제기하려고 한다.

• 무역상무연구
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• 제74권
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• pp.1-23
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• 2017

The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances. Article 38 lays down a fundamental principle that requires the buyer to examine quickly the goods delivered by the seller. Article 38 (1) provides that the examination be made within as short a period as practicable in the circumstances. The goods have to be examined within as short a period as is practicable in the circumstances. The rule is based on the fundamental idea of reasonableness, meaning that the buyer must examine the goods as soon as reasonably possible. It may be said that the buyer should act reasonably fast. Article 38 (2), (3) concerns sales involving carriage of the goods, where the seller's obligation to deliver consists in handing the goods over to the first carrier for transmission to the buyer. In this case the buyer is generally able to examine the goods only after they have come to destination. Article 38 (3) takes into account the case where the buyer redirects the goods in transit or re-dispatches them to another destination. Redirection in transit occurs when the destination is changed before the goods are received by the buyer. The buyer could re-dispatch the goods without having them unloaded, or re-dispatch them through another carrier.