• Title/Summary/Keyword: Sales Contract

Search Result 188, Processing Time 0.022 seconds

A Proposal of Interoperability between Social Media and Blockchain-based Smart Contract System for Artwork Trading (예술품 거래를 위한 소셜 미디어와 블록체인 기반 스마트 계약 시스템의 연동 제안)

  • Lee, Eun Mi
    • Journal of the Korea Convergence Society
    • /
    • v.11 no.2
    • /
    • pp.109-116
    • /
    • 2020
  • Social media is growing rapidly as a means of promoting artists' artworks and a channel for sales. However, since social media is not fundamentally a platform designed for trading, it has various limitations that make it difficult to ensure trust and security in carrying out transactions. In this paper, it is proposed interoperability between social media and blockchain-based smart contract system that can record and preserve the artist's profile, information related to artworks and details of the contract on the blockchain. The proposed interoperability allows artwork trading participants on social media to maintain mutual trust and to conduct the contract transparently. Also, the proposed interoperability consists of an API provided by the social media developer or an open source API without having to modify existing social media. This study is expected to contribute to the growth of the art trading market on social media by complementing the art trading practices on social media.

A Study on the Collaboration Development between the SSM and Traditional Markets in Korean Government Policies

  • Suh, Geun-Ha;Park, Seung-Je;Suh, Chang-Soo
    • Journal of Distribution Science
    • /
    • v.10 no.11
    • /
    • pp.55-60
    • /
    • 2012
  • Purpose - This study aims to suggest policy directions for small retail markets in Korea by statistical analysis, which would help small retailers who are facing various difficulties. Research design, data, methodology - This study diagnoses the problems faced by small retail industries in Korea based on government statistics. In addition, this study identifies three areas for successful collaboration between the SSMs and traditional markets-information distribution, products, and fair trade. Results - This study makes three recommendations-information distribution, products, and fair trade. This includes activation of the existing mutual collaboration efforts, channels, CSR report writing and publicity, ethical management cooperation seminars, contract systems of no return, establishment of staff outsourcing standards, and support for suppliers' organizations. Conclusions - Our suggestions for a collaborative system (based on the three suggestions) show that collaboration rather than confrontation between large and small markets can lead to a sales increase of 2,258.2 billion Won, which is equivalent to the sales loss in 11 traditional markets in one year in Busan.

  • PDF

A Study on Foreign Arbitral Awards related to Seller's Notice Fixing Additional Final Period for Performance and Right to Avoid the Contract under the CISG (CISG상 매도인의 부가기간지정권과 계약해제권에 관한 외국중재판정사례 연구)

  • Yi, Ki-Sub;Ahn, Keon-Hyung
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.42
    • /
    • pp.163-186
    • /
    • 2009
  • On April 11, 1980, the "United Nations on Contracts for the International Sale of Goods" ("CISG") was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and approved by a diplomatic conference in Vienna providing uniform law for international sales of goods. It took effect as of March 1, 2005, in Korea. It is set forth on the seller's remedies for breach by the buyer Section III (Art. 61 - 65) under the CISG. In this study, the focus is only on the seller's notice fixing additional final period for performance (Art. 63) and the right to avoid the contract (Art. 64), with examination on some relevant foreign arbitral awards rendered by the ICC and the CIETAC together. Article 63 provides that the seller may fix an additional period of time for reasonable length for performance by the buyer of his obligation. It was found from the above arbitral awards that the concept of 'reasonable length' should be decided on a case-by-case basis, given the specific circumstances in the case [Art. 63(1)]. It is provided that unless the seller has received a notice that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract in accordance with Article 63(2). Article 64(1) provides the means and grounds for avoidance of the contract, which can be avoided 1) when the breach of the buyer amounts to a fundamental breach of contract, or 2) when the additional period of time is fixed by the seller, unless the buyer declares that he will not perform so within the period of fixed time. As we examined in the above arbitral awards, it was held that the contract is avoided when the seller sends the final notice stating that he will avoid the contract, after the expiration of the additional period of time fixed by the seller in the ICC award. On the contrary, it was held that the contract should be deemed to be avoided exactly when the expiration of additional period noted in the avoidance notice is elapsed in the CIETAC award. Article 64(2) sets time limits for avoidance.

  • PDF

A Comparative Study on The Applicability of Governing Law under Documentary Credits (화환신용장(貨換信用狀)의 준거법선정(準據法選定)과 적용(適用)에 관한 비교연구(比較硏究))

  • Kim, Jong-Chill
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.12
    • /
    • pp.461-494
    • /
    • 1999
  • This study is to analyse the applicability of governing law in multi-party contractual relationship of letter of credit. And this study is also to suggest the limits of the possibility of applicable law in multi-party contract. The contract of letter of credit constitutes complex relationship, i.e., applicant -beneficiary, applicant-issuing bank, issuing bank-intermediary bank ect. The law applicable to letter of credit should not use a singular governing law in all credit transaction as sales contract. To solve these problems, the author analysed the law applicable to the credit under multi-party contractual relationship as follow : (1) the principle of party autonomy (2) In the absence of express agreement with regard to the law applicable to the contract, lex loci contractus, lex loci solutionis, the law intended by the parties, the law with which contract is most closely connected. Accordingly, when attempting to ascertain the law governing the credit, it should be borne in mind that the credit involves several contractual relationships. I would like to conclude as follows: 1. The contract between the applicant and the Issuing bank is to be governed by the law of the country where the contract is made, and in which the bank carries on business and has issued the credit. 2. When it comes to the beneficiary-Intermediary bank relationship the following rule is given : The liability of an intermediary bank to the seller is governed by the law the country where the intermediary bank is operating if it is acting as principal. If, however, it is acting as agent(advising bank), it will be the law of the country where his principal is situate. 3. The contract between the beneficiary and the Issuing bank is governed by the law of the country where the payment is to be performed. 4. The contract between the Issuing bank and Intermediary bank is governed by 1) the law of the issuing bank is applicable if the intermediary bank only advises the credit, 2) the law of the issuing bank is applicable but if the intermediary bank makes payment, accepts or negotiates drafts against the tender of the documents, i.e., act as the bank dffecting the payment., 3) the law of the confirming bank is applicable if the irrevocable letter of credit is confirmed by the intermediary bank

  • PDF

Modeling Coordinated Contracts for a Supply Chain Consisting of Normal and Markdown Sale Markets

  • Lee Chang Hwan
    • Management Science and Financial Engineering
    • /
    • v.11 no.1
    • /
    • pp.1-24
    • /
    • 2005
  • The results of a study of the coordination effect in stocking and promotional markdown policies for a supply chain consisting of a retailer and a discount outlet (DCO) are reported here. We assume that the product is sold in two consecutive periods: the Normal Sales Period (NSP) and the subsequent Promotional Markdown Sales Period (PSP). We first study an integrated supply chain in which managers in the two periods design a common system so as to jointly decide the stocking quantities, markdown time schedule, and markdown price to maximize mutual profit. Next, we consider a decentralized supply chain. An uncoordinated contract is designed in which decisions are decentralized to optimize the individual party's objective function. Here, three sources of system inefficiencies cause the decentralized system to earn a lower expected system profit than that in the integrated supply chain. The three sources are as follows: in the decentralized system the retailer tends to (1) stock less, and (2) keep a longer sales period, and the DCO tends to (3) stock fewer leftovers inventories and charge a higher markdown price. Finally, a numerical experiment is provided to compare the coordinated model with the uncoordinated model to explore factors that make coordination an effective approach.

Directional Analysis on Intellectual Capital Indicators of Contract Foodservice Management Company in the Viewpoint of Contractor, Client, and Customer (위탁급식전문업체, 고객사, 고객 측면에서 위탁급식업의 지적자본 지표간 인과관계 분석을 통한 다자간 활용도 탐색)

  • Park Moon-Kyung;Yang Il-Sun
    • Journal of Nutrition and Health
    • /
    • v.38 no.9
    • /
    • pp.765-776
    • /
    • 2005
  • The purposes of this study were to a) examine IC (intellectual capital) circumstance of CFMC (contract foodservice management company), b) identify the correlation between IC of CFMC, c) analyze the cause and effect of IC in the viewpoint of contractor, client, and customer. The questionnaires of IC measurement were handed out to 108 CfHCs, there composing of main office employees, foodservice managers, customers, and clients of 207 school, 38 hospital, and 86 business/industry foodservices. The statistical data analysis was completed using SPSS Win (ver 12.0) for descriptive analysis, correlation analysis, simple linear regression analysis. First, CFMCs had operational experience for an average of 8 years and 8 months, and served an average of 38,540 meals a day. Most of the respondent companies operated 'food supply/distribution($50\%$)', 'catering ($46.7\%$)', and restaurant business ($43.3\%$)' except for institutional foodservice and managed an average of 66 clients for the contract period of 2 years and 3 months. Second, there was positive correlation between $\ulcorner$sales of foodservice$\lrcorner$ and 'market ability', $\ulcorner$client satisfaction$\lrcorner$ and necessary intellectual capital for managing branch/chain foodservice office, and $\ulcorner$customer satisfaction$\lrcorner$ and $\ulcorner$renewal and development$\lrcorner$, 'market ability', 'infrastructure support for foodservice operation', 'employee satisfaction', respectively. Finally, the result of the cause and effect analysis on CFMCs, clients, and customers was positively influenced by 'client satisfaction' with 'customer satisfaction', 'infrastructure support for foodservice operation' and 'customer satisfaction' with 'employee satisfaction', and 'infrastructure support for foodservice operation'. In conclusion, if CFMCs were to perform a routine checkups by utilizing CFMC's IC measuring tool, improvements in CFMC operational capacities as well as foodservice quality can be noted. Additionally, CFMCS can satisfy their client-customer relationship by employing internal marketing thechniques for employee, a more efficient infrastructure support system, and construc tive infrastructure utilization. Therefore, CFMCs can show significant improvement in their sales and foodservice quali-ty though continuous maintenance of the client and customer satisfaction.

A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.18
    • /
    • pp.27-62
    • /
    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

  • PDF

A Legal Study on the Standard for Conformity of the Goods in the International Sale of Goods (국제물품매매계약상(國際物品賣買契約上) 물품일치성(物品一致性)의 기준(基準)에 관한 법리적(法理的) 고찰(考察))

  • Song, Myeong-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.12
    • /
    • pp.133-162
    • /
    • 1999
  • The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

  • PDF

The Analysis of Contract-Foodservice Operational Efficiency using Data Envelopment Analysis and Efficiency-Profit Matrix (다점포 운영 푸드서비스 기업의 효율성 측정에 관한 연구 - DEA 및 효율, 수익 매트릭스 분석을 중심으로 -)

  • Kim, Tae-Hee;Park, Ju-Yeon
    • Journal of the East Asian Society of Dietary Life
    • /
    • v.20 no.5
    • /
    • pp.823-835
    • /
    • 2010
  • The research aimed to measure the efficiency of using multi stores in a foodservice company using by DEA (data envelopment analysis) which is a new management science technique. The study also attempted to identify relevant variables affecting DEA efficiency in order to suggest methods for improving efficiency. The data were collected from 148 contract foodservice operations, which were operated in similar fashion in October 2009. The DEA efficiency was calculated as an output-oriented BCC Model. Sales, and CSI (customer satisfaction index) were used as output variables whereas food cost, labor cost, and management expense were used as input variables to calculate the DEA efficiency. Operation process variables of the unit consisted of the were consist of ratio of regular employee, ratio of housekeeper, meal counts, meal price, food cost per meal, contract period, number of menu items, forecasting accuracy, order accuracy, inventory turnover, use of processed food, deviation of food cost, number of new menus, and number of events. According to the BCC score and profitability, units were classified into four groups: High efficiency-high profitability (HEHP), High efficiency-low profitability (HELP), Low efficiency-high profitability (LEHP), and Low efficiency-low profitability (LELP). The HEHP group contained 54 units, which mostly contracted management fee type and had a high meal price. The units were also very large and, served three meals. Twenty of the units were operated with high labor cost: most of these were factories and hospitals. The LEHP group contained 20 units, that were mainly office stores of large scale and medium price. Fifty-four LELP group had a low meal price. A high performance group must have high efficiency, profitability, and satisfaction. The BCC score was over 0.969, the meal price was over 4,116 won, the food cost was over 2,077 won, and meal counts per month were over 10,212 meals.

Supply Contract Intelligence : The Impact of Stockout and Overstock Experiences Using System Dynamics Simulation Model (공급사슬지능 : 시스템 다이나믹스를 이용한 재고 과부족 경험이 공급사슬에 미치는 영향 분석)

  • Noh, Yonghwi;Choi, Donghyun;Rha, Jin Sung;Suh, Yongkee
    • Journal of Intelligence and Information Systems
    • /
    • v.19 no.2
    • /
    • pp.21-38
    • /
    • 2013
  • The purpose of this study is to investigate the influence of behavioral factors (buyer's tendency to reflect stockout and overstock experiences in ordering decision) on the supply chain performance. This study employs system dynamics to examine the influence of these behavioral factors derived from the interview with several representatives of retailers in South Korea. The results show that different contract can bring different performance (total profit, seller's profit, buyer's profit, order quantity, sales quantity, overstock, and stockout). The results also suggest that these behavioral factors play a significantly influential role in the performance of supply contract. These results imply that supply contract should be established based on the analysis of behavioral factors of supply chain participants.