• 무역상무연구
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• 제53권
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• pp.135-153
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• 2012

Incoterms is a standard transaction terms and conditions which is established to provide goods delivery, cost and risks between the seller and the buyer as a principle concerned. Incoterms is made of international rules about regular uses of transaction terms and condition. It removes uncertainty of misunderstanding and applying rules, commercial customs and etc, between nations. Incoterms does not have an enforcement like an unified rules or an agreements established between different nations. Therefore, it is just considered as a standard formal terms and conditions from International Chamber of Commerce. For those reasons, validity of Incoterms applies only when parties of contract come to an agreement not by officially adopted or applied by law in each nation. Incoterms 2010 contains specific and clear articles which is fixed version of incoterms 2000, it has insufficient points on insurance contract article. Though, insurance contract belongs to sales contract, it sustains independence itself. It is difficult to sustain perfection until establishment of insurance contract and expiration by fixing the articles. As a result, it is necessary for sellers and buyers take a full responsibility of making complete insurance contract. This paper is written for those reasons in this filed.

• 무역학회지
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• 제42권2호
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• pp.29-52
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• 2017

물품매매계약은 매도인에 의한 물품 및 서류 인도의무의 이행을 통해 매수인에게 소유권을 이전하는 것이 목적이다. 그러나 국제물품매매에서 준거법으로 사용되는 CISG와 Incoterms에서는 소유권 이전에 관한 상세한 규정이 없기 때문에 각국의 국내법을 원용하고 있다. 따라서 본 연구는 한·중 물품매매에서 준거법으로 사용될 수 있는 CISG, Incoterms, 중국 합동법, 한국 민법의 규정적 차이점에 대한 인식 부족으로 인해 발생할 수 있는 분쟁을 예방하고, 한국기업의 대 중국 수출 확대에 기여하기 위하여 매도인의 물품인도의무와 관련하여 물품의 인도장소, 인도시기, 계약적합성과 서류인도의무에 대한 관련 규정들을 비교·분석하였다.

• 무역상무연구
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• 제61권
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• 무역상무연구
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• 제62권
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• pp.135-178
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• 2014

The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.

• 한국건설관리학회논문집
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• 제16권4호
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• pp.3-11
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• 2015

우리나라 주택공급은 주로 민간에 의한 선(先) 분양 아파트 개발사업 형태가 주로 이루고 있다. 선 분양 개발사업은 분양을 통해 사업비를 충당한다는 점에서 초기 계약률과 분양가격은 매우 중요함에도 연구의 축적은 미흡하며, 계약률과 분양가격 간의 관계를 고려한 연구는 이루어지지 않았다. 이에 이 연구는 분양가격과 초기 계약률간의 관계에 중점을 두고 분양사업계획 수립시 초기계약률을 고려한 합리적 분양가격을 책정하기 위한 분석을 수행하였다. 분석결과 지역 내 합리적 분양가격 수준보다 높거나 낮게 책정되면 초기계약률이 낮아진다. 따라서 사업주체가 분양가격을 책정하는 경우 초기계약률을 고려한 합리적 분양가격을 책정할 필요가 있다. 그리고, 초기계약률에 영향을 미치는 요인은 분양가격, 학교입지, 근린공원, 건폐율, 판상형 비율, 건설사 순위 등으로 나타났다. 이들 변수 중에서, 입지와 관련한 요인은 고정적이고 사업자의 노력으로 개선하기 어려운 사항이다. 입지 이외의 사업주체가 노력으로 해결할 수 있는 변수로는 분양가격의 책정, 건폐율이나 판상형 비율, 건설의 브랜드 등이라고 할 수 있다. 또한 사업계획 수립시 어떠한 건설사를 통해 어떤 주택을 건설하느냐는 사업의 성패를 결정하는 데 중요한 요인임을 확인하였다. 연구결과를 종합해보면, 사업주체가 분양가격을 책정하는 경우 지역에서 선호하는 특성을 합리적으로 고려하여 가격을 책정할 필요가 있으며, 연구에서 확인한 바와 같이 지역에서 적절한 분양가격과 초기계약률 간의 관계를 토대로 적절하게 분양가격을 책정하게 된다면 사업실패의 리스크를 줄이는데 기여할 수 있을 것으로 기대된다.

• 무역상무연구
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• 제64권
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• pp.39-64
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• 2014

The object of International License Contract is technology. Technology is means to produce visible goods, which are human's intellectual creations such as Intellectual Property Right - patent, design, trademark- and Know-how. Unlike visible goods which decrease as being used, these technologies are possible to be produced expansively and develop additionally. Therefore, the way to make a contract of goods is a sales contract which transfers ownership while technology follows license contract which gives approval of use for a certain period. International license contract means that licensor has right to possess, allows licensee to use licensed technology for a fixed period and takes royalty. So there are various matters such as selection of the duration of a contract, confirmation of technology range, competition limitation, technique guidance and support, calculation of royalty, withholding tax between parties. This study examines licensor's grant of license and competition limitation. Intellectual property rights fundamentally give exclusive rights to the creator so the licensor use or dispose of his or her intellectual property rights at will. Technology transfer is possible through license contract because of this right. But licensor must exercise his or her intellectual property rights within a reasonable limit. It means, when licensor makes an unreasonable demand abusing his or her position, it is regarded as competition limitation clause and the deal itself may become null. Therefore, restraint on competition needs to be examined in detail as it influences on contract validity. Each country has their own competition laws for establishing a fair market order and inspection guide and guideline for judging whether there is any unfair act related to intellectual property rights. Judgment on intellectual property rights is subject the technology-introduced country's domestic laws and thus, contracting parties each need to precede opposite nation's domestic laws system.

• Journal of Nutrition and Health
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• 제37권5호
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• pp.406-414
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• 2004

The purposes of this study were 1) to investigate the importance level on factors affecting the foodservice management contract perceived by the clients in the office building, government and public offices and manufacturing company in Seoul and Kyungi 2) to compare the perceived importance levels of the present contract and future contract 3) to compare the perceived importance levels of the competitive bid with those of the private contract. To collect the data on the perceived importance level on the affecting the foodservice management contract, the questionnaires were developed by the delphi technique and modified by the pilot test. The questionnaires consisted of 4 categories and 19 items on the factors affecting the foodservice management contract and the importance level on the factors were measured by 5-likert scale. From March 12 to April 13 in 2003, the self-administrative questionnaires were mailed to 280 clients. The questionnaires were responded from the 50 clients (respondent rate: 25％). On the factors affecting the present contract and the future contract, among the 4 categories (the appropriateness of foodservice operation plan, the evaluation of the foodservice company, sales ability, the conditions of the cost in the contract), the importance level of the appropriateness of foodservice operation plan was higher than those of the other categories. In the comparison of the perceived importance level between the present contract and the future contract, the importance level of 4 items (sanitation and safety management plan, menu management plan, service management plan, food cost per meal) in the future contract were significantly higher than those in the present contract (p＜.01, p＜.05, p＜.05, p＜.01). There were the significant differences between the private contract and competitive bid on the factors affecting the present contract in the 3 items, which were $\ulcorner$renewal plan for interior and environment$\lrcorner$, $\ulcorner$strategic alliance with the contractor$\lrcorner$, $\ulcorner$lobby of the foodservice company$\lrcorner$ (p＜.05, p＜.05, p＜.05). And on the factors affecting the future contract, there were significant differences in the 2 items, which were $\ulcorner$renewal plan for interior and environment$\lrcorner$and $\ulcorner$cost per meal$\lrcorner$in comparing the competitive bid and private contract (p＜.05, p＜.01). The clients perceived the appropriateness of foodservice operation plan was more important than the other categories in the future foodservice management contract. It was proposed that the foodservice management contract company should focus on the foodservice operation to satisfy the customers and clients in order to get more contract in the future.

• 경영과정보연구
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• 제6권
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• pp.21-43
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• 2001

Contract requires, on principle, a meeting of minds. The basic elements of that contact are an offer by one party and an acceptance of the terms of the offer by the other party. In the electronic commerce an offer and the acceptance of an offer may be expressed by dispach or receipt of data messages. The contract which a data messages is used in the formation may be called electronic contract. The formation of the electronic contract is regulated by the Civil Code or the Commerce Code. The time of the contract formation is regulated by the Civil Code and the Commerce Code. But the time of dispach and receipt of the data message is stated in Article 9 of the Fundamental Law on Electronic Commerce. In this article the dispatch of a data message occurs when it enters an information system outside the control of the originator or of the person who sent the date message on behalf of the originator. The time of receipt of a data message, if the adressee has designated an information system for the purpose of receiving data message, is at the time when the data message enters the designated information system; or if the data message is sent to an information system of the adressee that is not the designated information system, at the time when the data message is retrieved by the addressee; if the addressee has not designated an information system, receipt occurs when the data message enters an information system of the addressee. The time of the electronic contract formation depends on the Civil Code or the Commerce Code and this Article 9 of the Fundamental Law on Electronic Commerce. An electronic contract may be formed by an offer and the acceptance of an offer by dispach or receipt of data message. An offer can not be withdrawn after it is accepted. But in mail-order sales and installment dealing an offer can be revoked after the goods were delivered. In this case the contract is lapsed.

• 통상정보연구
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• 제13권3호
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• pp.459-485
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• 2011

본 연구는 매도인의 서류교부의무에 관하여 규정하고 있는 CISG의 제30조와 34조의 내용을 무역관습인 Incoterms 및 신용장통일규칙(UCP)과 관련하여 해석하고, 서류교부의무의 위반이 매수인에게 어떤 법적 구제권을 부여하는지를 규명한다. CISG는 제 30조와 34조에 매도인의 서류교부의무에 관한 규정을 두고 있으나 서류의 종류, 서류교부 시기, 장소, 형식 등에 대해서는 별도로 규율하지 않고 계약 및 관습(usage)에 의존하고 있다. 이에 따라 계약에 명시적인 규정이 없는 경우 Incoterms와 신용장통일규칙이 협약을 보완하여 적용된다. 매도인이 계약에 적합한 서류를 정해진 시기, 장소, 형식에 따라 교부할 의무를 이행하지 않는 경우 협약의 제45조에 의해 이행청구권, 계약해제권 및 손해배상청구권 등의 구제권이 매수인에게 부여된다. 그러나 계약해제권의 경우 협약이 계약의 유지를 기본 정신으로 하고 있으므로 매우 제한적으로 인정되는 경향이 있다.

• 무역상무연구
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• 제39권
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• pp.3-26
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• 2008

CISG provides the Convention's default provisions on anticipatory breach. Article 71 permits the aggrieved party to suspend the performance of his obligations if it becomes apparent that the other party will not perform a substantial part of his obligations after the conclusion of the contract. The aggrieved party must give notice of the suspension to the other party and if he provides adequate assurance of his performance, the party must continue with performance. Article 72 authorizes the aggrieved party to avoid the contract to the date of performance when it is clear that the other party will commit a fundamental breach. The aggrieved party is also required to give the other party notice of his intent to avoid the contract if time allows. The requirements for avoidance under Article 72 are more stringent than those for suspension under Article 71. Article 72 requires reasonable prior notice only if time allows, while article 71 requires immediate notice with no exceptions.