• 통상정보연구
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• 제15권3호
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• pp.199-224
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• 2013

본고의 연구범위로서 '국제물품매매계약에 관한 UN협약'(CISG) 제3편 제3장 제1절은 총 7개의 조문으로 구성되어 있다. 본고의 연구결과로서 개별조항의 법적 기준에 관한 요지와 그 시사점 내지 유의점은 다음과 같다. 제53조는 본절의 개요임과 동시에 매수인의 주된 의무를 일괄하여 다루고 있는 규정이다. 본조는 CISG가 물품매매의 요건을 언급하고 있지 않음을 고려하여 제30조와 연계하여 다루어야 한다. 제54조는 계약이나 또는 적용법규에 따라 물품대금지급을 위한 매수인의 준비조치를 다루고 있는 규정으로서 본조의 의무를 위반할 경우 매도인은 제61조에 따라 구제수단을 행사할 수 있다. 다만 이러한 절차는 제71조 (1)에서 규정하고 있는 이행준비 또는 계약의 이행을 위한 행위가 아님을 유의하여야 한다. 제55조는 적용함에 있어서는 반드시 양당사자의 의사가 고려되어야 한다. 계약당사자가 물품가격을 결정하고 있는 경우 제7조의 적용순위에 따라 일반원칙 내지 국제사법이 적용될 수 있음을 유의하여야 한다. 제56조는 당사자가 물품중량의 기준을 합의해 두고 있지 않다면 포장중량을 제외한 물품의 순중량으로 물품대금을 결정하도록 규정하고 있다. 본조는 당사자 의사나 관행 또는 관습이 없는 경우에 적용되는 일반원칙이다. 제57조에 의거 당사자가 달리 합의한 바가 없다면 물품대금은 매도인의 영업소에서, 당사자가 물품의 인도 또는 서류의 교부 시에 대금을 지급하기로 합의한 경우 물품 또는 서류가 인도되는 장소에서 대금이 지급되어야 한다. 계약체결 후 영업소의 변경과 관련하여 발생한 물품대금지급에 관한 추가비용은 매도인이 부담하여야 한다. 제58조는 그 어떠한 특정한 시기에 물품대금을 지급하여야 할 의무가 없는 경우 매수인의 대금지급의 시기를 규정하고 있는 조문으로서 이 경우 본조는 제78조에 언급된 이자의 누적의 시기의 기산시점이 된다. 제59조에 따라 매수인은 그 어떠한 조건에도 구애됨이 없이 예정대로 물품대금을 지급하여야 한다. 당해 의무를 위반할 경우 매도인은 모든 구제권을 행사할 수 있다. 당해 시점 이후로 연체된 금액의 이자가 적용된다.

• 한국디지털건축인테리어학회논문집
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• 제12권1호
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• pp.35-43
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• 2012

This study aimed to seek a method capable of hedging a rising risk of housing rent price by introducing derivatives with the target of Korean housing rent markets. The research model used in this thesis progressed a research by applying a futures contract method with the target of the rent price of major apartments in Gangnam and Gangbuk Regions of Seoul. As an analysis result, the rent price of all complexes has risen during its analysis period, so it could be confirmed that the CRB future index was also risen according to this. Finally, it was confirmed that the rising risk of the rent price can be hedged through a purchase position of futures. But, as the difference between rent price variation and CRB future index variation occurs, it appeared that 100% of hedge is difficult. However, it is judged that if considering that a method capable of hedging the rising risk of the existing rent price was nonexistent, the hedge trading effect utilizing the CRB future index on the rent price will be meaningful.

• 대한수학회보
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• 제56권5호
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• pp.1355-1376
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• 2019

We investigate the valuation of participating life insurance policies with default risk under a geometric regime-switching jump-diffusion process. We derive explicit formula for the Laplace transform of the price of participating contracts by solving integro-differential system and then price them by inverting Laplace transforms.

• 무역상무연구
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• 제55권
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• pp.155-181
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• 2012

This study considered as precautions in light of practical affairs related to a claim for damages focusing on CISG (1980) and PICC (2004). Given summarizing contents of this study, those are as follows. First, when exercising a claim for damages, proving the damages may be difficult and hard. Thus, there is necessity for stating the liquidated damages clause in contract given conclusion of contract. Second, as for the application of interest rate given a claim for interest, CISG is not covered interest rate. PICC is covered interest rate. However, there is possibility that PICC will not be applied as general principles. Thus, to remove this insecurity and uncertainty, there is necessity for stating this in contract by deciding on the detailed standard stipulation after fully discussing about interest payment with the counterpart given sale contract. Third, when a seller delivered non-conformity of the goods for contract, a buyer is desirable to exercise by discreetly judging the exercise method or limitation element on a problem of selecting and exercising remedy favorable to oneself out of a claim for damages and a right to reduce the price. Finally, There was suggestion that the contract parties are desirable to utilize by modifying and supplementing properly this in line with own business-based necessity and situation based on the ICC Model International Sale Contract, and to state CISG and PICC the governing law clause, in preparing contract. This study is expected to possibly become guideline in which the damaged party exercises a claim for damages or aims to cope with the counterpart's exercising a claim for damages.

• Journal of Nutrition and Health
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• 제36권10호
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• pp.1083-1093
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• 2003

Efficient financial management is a critical factor in achieving school foodservice goals. The objective of this study was to suggest efficient financial management practices in secondary school foodservices. In pursuit of this objective, we first identified performance indexes for measuring the success of financial management. Second, we suggested financial management standards, financial data classification methods and a report system. Last, we analyzed operating ratios with the financial data of self-operated and contract-managed school food services. The data were collected through an open-ended questionnaire from 10 middle/high school foodservices in Seoul and Kyeonggi Provincial during on-sites visits and interviews with dieticians and managers. Student participation, sales goals, re-contract frequency and number and cost of disaster loss were identified as the performance indexes for financial management. Income statements were compiled by identifying and classifying financial data. Total revenues consisted of subsidies, meal sales, other revenue and interest. Expenditures consisted of purchased food, salaries and wages, utility costs, office supplies, kitchen supplies, purchased services, company overhead indirect costs, facility investment and maintenance, facility usage expenses, employee benefits and miscellaneous. Mean price of a meal was 2,326 won at self-operated foodservices when the subsidies were included as revenues and 2,360 won at contract-managed foodservices. When including the subsidies as revenues, the operating ratios of self-operated foodservice showed that the food cost percentage was 66.9％, labor cost 23.2％, operation cost 9.9％ and profit 0％. The correspond figures at contract-managed foodservices were 57.6％, 21.5％, 15.3％, and 5.5％, respectively. Food costs in self-operated foodservices was significantly higher than that for contract-managed foodservices, however, facility investment and maintenance and facility usage expenses at self-operated foodservices was significantly lower than those for contract-managed foodservices. Based on this study, the methodology and classification system of financial data was found to be applicable to assess the financial structure of school foodservices.

• 한국건축시공학회:학술대회논문집
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• 한국건축시공학회 2004년도 학술.기술논문발표회
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• pp.113-117
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• 2004

We need the contingency cost in order to deal with the uncertainty to be accompanied inevitably at the construction and an every kind risk not to forecast in advance. And also the contingency colt needed for the change order and we need it for reduction of the delay and reduce the trouble between owner and constructor. This study, through checking and analyzing the risk factor, in the step of domestic construction, suggests optimal management reserve to specific business about the contract type and the scale. The main results of this research are summarized as follow. First, I investigated the recognition about the contingency cost, grasped the risk to be happened at the construction step and found out the frequency occurrence, through making up question to engineer are carrying out their job in the domestic construction. Second, I computed optimal contingency cost rate by the statistics investigation, and proposed an improvement plan and problem when compute a contingency cost.

• 대한전기학회논문지:전력기술부문A
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• 제52권10호
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• pp.616-623
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• 2003

Competition among electric generation companies is a major goal of restructuring in the electricity industry, The trading system in an electricity market has been one of the most important issues in deregulated electricity market. This paper deals with comparisons of the major two types of the trading system: compulsory pool market and bilateral contract market. The two trading systems are compared quantitatively from the viewpoint of consumer's surplus and social welfare, This paper, also, proposes a unified model of Cournot and Bertrand for analyzing the mixed trading system of pool market and bilateral contract market. Nash equilibrium of the unified model is derived by criteria for participating in bilateral contract market. Numerical results from a sample case show that a mixed trading system of pool market and price-competitive bilateral market is beneficial to consumer from the view points of consumer's surplus.

• 무역상무연구
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• 제66권
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• pp.25-46
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• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• 한국건축시공학회지
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• 제12권1호
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• pp.108-114
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• 2012

본 연구에서는 실적공사비 적용분에 대한 지수조정율 산정기준의 현황과 문제점을 분석하고 개선방향을 제시하였다. 실적공사비 적용분에 대해 공종별 실적공사비 단가의 평균값을 적용하는 기존 방식은 단가 규모가 큰 6개 공종의 변동이 전체를 좌우하여 유사 물가지표와 다른 추세를 보이는 등 비판 소지가 있다. 이에 건설공사비지수 등을 활용하는 개선방안을 제시하고 사례분석을 통해 개선의 당위성을 검증하였다. 실적공사비 비목군에 대해 건설공사비지수 등락율을 적용하는 첫번째 대안의 경우 건설공사비지수가 생산자물가지수를 활용한 가공통계이므로 유사지표간 등락추세의 일관성을 기할 수 있고, 기존 방식에 비해 물가변동 대가가 현실화될 수 있게 된다. 노무비 부분을 분리하여 별도 기준을 적용하는 두 번째 방안도 실적공사비 적용분 노무비율 만큼 투입구조 왜곡 문제가 완화되며, 유사 물가변동지표에 근접하게 되고, 물가변동 대가가 현실화된다는 측면에서 효과를 기대할 수 있다.

• 무역상무연구
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• 제54권
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• pp.99-122
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• 2012

According to the United Nations Convention on the International Sale of Goods, the Seller must deliver the goods, hand over any documents relating to the them and transfer the property the to the goods as required by the contract, and buyer must pay the price for the goods and take delivery of them as required by the contract. In particular, the seller provides the documents is important. If the documents are discrepancies in credit, the beneficiary may not receive the payment. So It is important to study on conditions of documents in international trade. Documents provided by the seller shall be determined by express terms. If there is no agreement on the express terms, it shall be determined by the implied terms or governing law terms. In practice Seller shall provide the documents are as follows, For example, transport documents, commercial invoice, certificate of origin, insurance policy, packing list, inspection certificate etc. As stated above if it can not be determined by express terms, it is determined by the implied terms. In international trade, leading to the implied terms is incoterms(R) 2010 and UCP 600. Incoterms(R) 2010 define the seller must provide the goods and the commercial in conformity with the sales contract and any other evidence of conformity that may be required by the contract and UCP 600 are rules that apply to documentary credit. This paper, the practical utility between Incoterms(R) 2010 and UCP 600 is studied.