• 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.

• Journal of the Korean Society for Industrial and Applied Mathematics
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• 제27권3호
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• pp.180-193
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• 2023

Approximating the implied volatilities and estimating the model parameters are important topics in quantitative finance. This study proposes an approximation formula for short-maturity near-the-money implied volatilities in stochastic volatility models. A general second-order nonlinear PDE for implied volatility is derived in terms of time-to-maturity and log-moneyness from the Feyman-Kac formula. Using regularity conditions and the Taylor expansion, an approximation formula for implied volatility is obtained for short-maturity nearthe-money call options in two stochastic volatility models: Heston model and SABR model. In addition, we proposed a novel numerical method to estimate model parameters. This method reduces the number of model parameters that should be estimated. Generating sample data on log-moneyness, time-to-maturity, and implied volatility, we estimate the model parameters fitting the sample data in the above two models. Our method provides parameter estimates that are close to true values.

• 무역상무연구
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• 제58권
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• pp.35-58
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• 2013

In Mash & Murrell, Diplock J said that "there is an implied warranty not merely that they shall be merchantable at the time they are put on the vessel, but that they shall be in such a state that they can endure the normal journey and be in a merchantable condition upon arrival." But in The Mercini Lady, Field J said that "the goods would be of satisfactory quality not only when the goods were delivered on to the vessel but also for a reasonable time thereafter." and "The proposed conditions were not excluded by clause 18. ${\cdots}$ clause 18 was not to be construed as extending to conditions ${\cdots}$". In relation to the problems on validity of the goods conformity clauses in FOB contracts, when considering Lord Wright's comments ("${\cdots}$ hence apt and precise words must be used to exclude it: the words guarantee or warranty are not sufficiently clear.") in Cammell Laird & Co Ltd v Manganese Bronze and Brass, FOB contracts are fundamentally one that seller's duty to deliver the goods is completing at the port of shipment and "principle of party autonomy" in Contract Law, I do not think that the terms implied by section 14 of the SGA and Common Law cannot absolutely excluded by the goods conformity clauses in sale contracts. Therefore, in order to exclude the implied terms, the parties must very clearly spell out this in the relevant clauses.

• 한국언어정보학회지:언어와정보
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• 제2권1호
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• pp.42-78
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• 1998

This paper proposes a semantics of the Korean NPI te isang 'anymore', which occurs in negative contexts. The NPI te isang is characterized, in Zwarts's(1990) term, as a strong NPI which requires an anti-additive function as its licensor. It is also noted that te isang is licensed by 'implied negative predicates' such as shilheha-'hate' and phokiha-'give up' only when it occurs within a clausal argument of the implied negative predicates. This fact is accounted for in terms of the function-argument structure and the scope relation between the NPI te isang and the implied negative predicates involved.

• 한국게임학회 논문지
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• 제8권3호
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• pp.51-59
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• 2008

이 논문에서는 컴퓨터 게임 텍스트와 플레이어 간의 인터랙티브적 관점을 통해서 게임의 시점에 대해 살펴보았다. 현재 게임의 시점으로 많이 논의되고 있는 1인칭 시점, 3인칭 시점, Top-Down 시점, Side-View 시점, Quarter-View 시점, 아이소매트릭 시점 등은 게임 텍스트와 플레이어의 상호소통적 측면에 대한 고려가 충분하지 못하다. 이에 본 논문에서는 게임 텍스트와 플레이어 간의 인터랙티브 관점에서 1차 저자인 제작자와 2차 저자인 플레이어의 내포저자로서의 기능을 살피고 내포저자로서의 플레이어와 플레이어 캐릭터 사이의 거리감을 통하여 게임의 시점에 대해 논의하였다.

• 복식문화연구
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• 제3권1호
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• pp.93-107
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• 1995

This study is concerned with the personal appearance of the Korean people implied in the Korean proverb. The results of this research was as follows: It appeared that the Korean people preferred the balanced features to the unusual ones in terms of personal appearance. It also revealed that cleanliness and neatness in clothing and in personal appearance were valued by the Korean people. Proper posture was emphasized by the Koreans. Generally, fair skin and small hands were favored by both sexes. Also the Korean people favored handsome, gentle, and decent features as well as dignified and noble character.

• 한국항만경제학회지
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• 제26권3호
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• pp.92-113
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• 2010

항의 안전이 아니라 선석의 안전이 담보되는 경우 용선자는 항이나 항내의 모든 선석에 영향을 미치는 해태 또는 위험에 의해 영향을 받지 않는 항내에 안전하게 접근할 수 있는 선석을 지정할 의무가 있다. Rebon호 사건에 있어서 판사는 중재인에 의해 이루어진 예비적 쟁점에 관한 최종선언적 중재판정을 기각하였는데, 이 사건은 제1심의 판사에 의해 이루어진 결정에 대한 상소와 관련된 사안이다. 제1심 판사는 결정에 대한 질문을 다음과 같이 다소 다르게 설명하였다. 즉 항해용선계약에 특정선적항을 지정하고 있거나, 용선자에 의해 항내에 선석을 지정할 수 있는 몇 개의 선석이 있거나, 용선계약상 선박에 대해 용선자에 의해 지시되어야 할 항 또는 선석 중 안전에 대한 명시담보가 없는 경우, 용선계약상 용선자가 선적항에서 안전선석을 지정할 묵시조건에 따르고 있는지 등이다. 판사는 법률문제라는 성격을 변경하지 않으면서 더욱더 정확한 조건에 기초하여 그 논점을 고려하였다. 그런데 판사는 그 질문에 대해 부정적으로 해답하였다. 이 사건에서의 쟁점이 중재에 회부되어 용선자에게 유리한 판정이 내려졌다. 선주는 지방법원에 상소하였지만 기각되었기 때문에 항소법원에 상소한 사안이다. 본 연구에서는 항해용선계약의 안전선석에 대한 묵시조건과 관련된 사안인 Rebon호 사건을 중심으로 분석하는데 목적이 있다.

• 한국중재학회지:중재연구
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• 제24권3호
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• pp.1-31
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• 2014

The foundation of the arbitration jurisdiction is the arbitration agreement entered into by the parties to a contract. Usually, only the signatory parties to a contract and the disputes arising from a contract that includes an arbitration clause or to which the arbitration clause relates are the ones that can be submitted to arbitration. This article discusses some of the arguments for extending the arbitration clause in complex arbitrations, that is, in those cases where there are more than two parties, more than two contracts or more than two parties and contracts. Particularly, this paper addresses multiple contract arbitration when the contracts are related. One of the arguments used by the arbitral tribunal for the extension of jurisdiction is the existence of a link between the contracts. Additional arguments include implied consent, participation in the negotiation and performance of a contract and good faith. The article also discusses some of the typical cases of linked contracts in many civil law countries, such as subcontracts, third party beneficiaries and standard terms of contracts, from which arbitral jurisdictions problems may arise. Finally, special attention is given to Article 14 of the 2008 Peruvian Arbitration Law as the first provision in an arbitration law in Latin America that extends the arbitration agreement to non-signatory parties using for this a mixed approach.

• 무역상무연구
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• 제64권
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• pp.155-185
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• 2014

Liability for the manufacture or supply of defective products can arise in two principle ways, in tort and in contract. English law has long regarded shipbuilding contract as agreement for the sale and purchase of goods. The consequence of which is that unless the Buyer and Builder agree otherwise, terms will automatically be implied into the contract between them as to the quality and performance of the completed vessel. The same principle applies to sub-contracts allied to the shipbuilding contract. On the other hand, one case decisions established that ".... a contract to build a ship, though a contract of sale of goods, has also some characteristics of a building contract", Recently the liability of a manufacturer in tort for physical damage i.e. personal injury and damage to property other than alleged to be defective is now well settled in most countries. Accordingly the Builder may face third party claims in tort more regularly than they have in the past, if the statutory implied terms have not been expressly excluded in contract. In such circumstances, it is necessary for the Builder to be prepared with counter measures to secure the stability of the vessel from its design development, building process, delivery and operation etc. The purpose of this paper is, from the case of "MSC Carla", to review product liability, jurisdiction and the initial date of extinctive prescription, then to suggest counter measures to the Builder.

• 한국경영과학회지
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• 제39권4호
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• pp.137-152
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• 2014

In this paper, I suggest several techniques to estimate covariance matrix and compare the performance of the global minimum variance portfolio (GMVP) in terms of out of sample mean standard deviation and return. As a result, the return differences among the GMVPs are insignificant. The mean standard deviation of the GMVP using historical covariance is sensitive to the estimation window and the number of assets in the portfolio. Among the model covariance, the GMVP using constant systematic risk ratio model or using short sale restriction shows the best performance. The performance difference between the GMVPs using historical covariance and model covariance becomes insignificant as the historical covariance is estimated with longer estimation window. Lastly, the implied volatilities from ELW prices do not lead to superior performance to the historical variance.