KR20140134567A - System for managing electronic contract and method therefor - Google Patents

System for managing electronic contract and method therefor Download PDF

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Publication number
KR20140134567A
KR20140134567A KR20130054647A KR20130054647A KR20140134567A KR 20140134567 A KR20140134567 A KR 20140134567A KR 20130054647 A KR20130054647 A KR 20130054647A KR 20130054647 A KR20130054647 A KR 20130054647A KR 20140134567 A KR20140134567 A KR 20140134567A
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contract
investor
investors
electronic contract
file
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KR20130054647A
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Korean (ko)
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곽기웅
현철민
김성덕
윤민섭
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주식회사 코스콤
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    • G—PHYSICS
    • G06—COMPUTING; CALCULATING OR COUNTING
    • G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q40/00—Finance; Insurance; Tax strategies; Processing of corporate or income taxes
    • G06Q40/06—Asset management; Financial planning or analysis

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Abstract

Disclosed are an electronic contract system and an electronic contract method. The electronic contract system carries out an electronic contract one-on-multiple parties (1:N) based on the same contract content between an issuer who intends to receive an investment and multiple investors who intend to participate in funding. The electronic contract system allows the investors to take a vote on an amendment when there is the amendment in the contract and makes the contract by determining whether to reflect the amendment according to vote results, wherein an electronic contract file in which the amendment is reflected is separately generated and mapped with a previous electronic contract file to be stored and managed in a database without correcting and modifying the previous electronic contract file.

Description

[0001] SYSTEM FOR MANAGING ELECTRONIC CONTRACT AND METHOD [0002]

BACKGROUND OF THE INVENTION 1. Field of the Invention The present invention relates to an electronic contract system and a method thereof, and more particularly, to a system and method for contracting and managing electronic contracts in a one-to-many (1: N) form with a plurality of investors online.

Generally, the term "contract" means a 1: 1 contract between the two parties, or a securities contract for investment purposes is a contract form designed for a large number of investors. Uniquely, it has a contract structure of 1: N (N is a natural number of 2 or more).

For example, in the case of venture investment or angel investment, a single issuer (founder) and a majority (less than 50) investors negotiate and negotiate a draft contract for a period of time, The contract is completed through.

However, it is practically impossible for all investors (which may be more than 1000) to gather in the same place at the same time in the case of crowdfunding, which raises money through the Internet and the like for a large number of unspecified persons. In addition, even if a large number of investors gather at the same time and place, much time and money are required to set up and execute conditions for consultation between the issuer and the investor, mutual consultation between the investors, etc., There is also a risk that the legitimacy of voting can not be recognized.

In addition, if neutral experts are not involved, there is a risk that contracts may be concluded against one party due to time constraints by some experienced issuers or investors or fraudulent buyers of one party. There is a difficulty in overturning the contract or recalling the contract.

If contracts that are modified or updated during the negotiation process can not be delivered simultaneously to the issuer and the large number of investors gathered at the negotiating place, there is a risk that the contract will be concluded with misunderstanding because the contract is not properly transmitted.

Published Patent Publication No. 2009-0123672 Published Japanese Patent Application No. 2005-0080196

SUMMARY OF THE INVENTION The present invention has been made in view of the above problems, and an object of the present invention is to provide a method and apparatus for supporting a complex investment type (for example, investment through stocks, securities, etc.), such as crowd funding, Contract system and method therefor.

According to an aspect of the present invention, there is provided an electronic contract server, comprising: a plurality of investors to receive an investment; a plurality of investors to participate in funding; ) Type contract, the method comprising: generating a first electronic contract file including a plurality of the same contracts for a plurality of investors; A contract issuing unit for generating a second electronic contract file reflecting the same revision to a plurality of investors when the sum of the number of investors approved for the set period or the sum of the investment amounts of the approved investors reaches a predetermined condition; An investor management unit that receives from the plurality of investors whether or not the modification is approved, and performs an electronic contract based on the content of the second electronic contract file through the investor authentication process; And a contract management DB for mapping and storing the first electronic contract file and the second electronic contract file generated for each investor including the same contract contents.

According to another aspect of the present invention, there is provided a method of contracting an electronic contract according to the present invention, comprising the steps of: (1) providing a contract with a plurality of investors who intend to participate in funding, A method of performing an electronic contract in the form of a contract, comprising: generating a first electronic contract file for a contract content received from a publisher; Receiving an opinion on the contract content from at least one or more investors; Notifying the investor of the revision of the contract content reflecting the opinion, and receiving the pros and cons of the revision; Generating a second electronic contract file in which the modification is reflected when the total number of investors who agree with the modification or the sum of the investment amount of the approved investor satisfies a predetermined condition; And mapping the first electronic contract file and the second electronic contract file generated for each investor and storing them in a database.

According to the present invention, by concluding a one-to-many (1: N) electronic contract with many unspecified investors through on-line, it eliminates the inconvenience of the conventional offline contract in which all investors must conclude a contract at a specific place and time.

In addition, if any amendment is made to the contract during the schedule consultation period for the draft contract, it is possible to easily collect opinions on whether or not the amendment is reflected by all investors and to reflect the amendment in the contract contents And the legality of the correction can be ensured.

In addition, if the revision occurs several times after drafting the contract, each investor creates a master electronic contract file for the contract draft and a child electronic contract file for the modification contract reflecting the modifications, The relationship between the parent and the subcontractor contracts can be managed through a key (Reference Key), so that the contract between the issuer and the investor can be more faithfully managed.

1 illustrates a brief overview of a one-to-many (1: N) form of online electronic contract system between a publisher and an unspecified number of investors, according to the present invention;
FIG. 2 is a diagram illustrating a process of establishing a contract through negotiation between a publisher and an unspecified number of investors according to the present invention; FIG.
3 is a diagram illustrating an example of a database for storing and managing electronic contract files between a publisher and an unspecified number of investors according to the present invention;
FIG. 4 is a diagram illustrating a configuration of an example of an electronic contract server that performs online electronic contracts in a one-to-many (1: N) form between a publisher and an unspecified number of investors according to the present invention;
5 is a diagram showing a detailed configuration of a contract issuing unit in the configuration of the electronic contract server of FIG. 4,
6 is a diagram showing a detailed configuration of an investor management unit in the configuration of the electronic contract server of FIG. 4,
FIG. 7 is a diagram illustrating a flow of an embodiment of a one-to-many (1: N) electronic contract method between a publisher and an unspecified number of investors according to the present invention.

Hereinafter, an electronic contract system and a method thereof according to the present invention will be described in detail with reference to the accompanying drawings.

BRIEF DESCRIPTION OF THE DRAWINGS FIG. 1 is a simplified overview of a one-to-many (1: N) form of online electronic contract system between a publisher and an unspecified number of investors, in accordance with the present invention;

1, a publisher 110 and a plurality of investors 122, 124, and 126 access the electronic contract server 100 using their own terminals and generate a one-to-many (1: N) . Here, the terminal refers to various types of terminals capable of transmitting and receiving information through a communication network such as a smart phone and a general PC.

Expert 130 is a person who has expert knowledge of stocks or securities, and provides various information related to investment and securities contracts to issuer 110 and investor 120, and acts as a kind of intermediary to coordinate mutual opinions .

The expert 130 may add a description of the term of the contract created by the issuer 110 to the electronic contract server 100 through the contract or the template of the contract, (For example, venture capital, etc.), comment on additional terms and improvements, and make corrections to the issuer 110. The specialist 130 may also perform an online voting on the investor regarding the change if the publisher 110 allows it, if it determines that a major change in the contract is needed.

Generally, the contract is signed by stamping or signing the seal on both sides of the contract of paper printed off-line. However, in the case of electronic contracts through online, it is impossible to imprint such as paper, and therefore, the legal effect of the contract is recognized when there is a consensus of a certain electronic statement of intention. There are various methods such as electronic signature through a public certificate as a method of agreeing electronic declaration for establishing a contract of an electronic contract, but the agreement method itself is beyond the scope of the present invention, and a detailed description thereof will be omitted.

FIG. 2 is a diagram illustrating a process of establishing a contract through negotiation between a publisher and an unspecified number of investors according to the present invention.

Referring to FIG. 2, when an issuer who intends to receive an investment proposes a draft contract 200 for investment contract for funding competition, the investors present various review opinions on the contract within the consultation period, Present various opinions to the issuer about the contract contents of the draft contract by presenting their opinion or gathering opinions of investors.

If the amendment of the contract is made, the issuer or the expert will repeat the process of receiving the revised contract reflecting the amendment again and receiving the opinion on the details of the amendment. Therefore, A revision contract 210, 220, 230 of a turn may be generated.

It is desirable that the period of consultation for issuers, investors and experts to modify and supplement the contracts is set in advance from the date of starting the funding submission, that is, from the date of drafting the contract, .

An investor who has made an initial commitment to investing may withdraw his investment for a variety of reasons, including various corrections during the consultation period, and reasons for not being satisfied with personal reasons or amendments while several revision contracts are being presented The investor who intends to enter into the investment contract with the amendment of the contract is required to easily confirm the approval / cancellation of the amendment contract and conclude the investment contract.

3 is a diagram illustrating an example of a database for storing and managing electronic contract files between a publisher and an unspecified number of investors according to the present invention.

Referring to FIG. 3, the database 300 stores and manages an electronic contract file for each investor. In the case of the electronic contract, unlike the conventional offline paper contract, there is no physical entity of the contract. Therefore, the electronic contract file corresponding to the conventional paper contract is generated for each investor in consideration of the reliability and stability of the contract And stored and managed.

In addition, as shown in FIG. 2, the contract between the issuer and the investor can be concluded with the draft of the initial contract, but is generally concluded with the modified contract contents reflecting the opinions of the investors and the like. A modified contract is created as a separate modification contract, not as a modification of the previous contract. That is, in FIG. 2, the first amendment contract does not replace the draft contract, but the contract draft is maintained, and a first amendment contract is created that reflects the first amendment.

Therefore, the electronic contract files for several revision contracts generated from the contract draft to the contract confirmation are created in the database, and the connection relationship between them is managed by reference keys. For example, in the case of Investor # 1, the second electronic contract file 320 and the Mth electronic contract file 330, which respectively reflect the modifications from the first electronic contract file 310, are generated and mapped to each other and stored in the database do.

FIG. 4 is a diagram illustrating a configuration of an example of an electronic contract server that performs online electronic contracts in a one-to-many (1: N) form between a publisher and an unspecified number of investors according to the present invention, 4 is a diagram showing a detailed configuration of a contract issuing unit and an investor managing unit in the configuration of the electronic contract server in Fig.

4 and 5, the electronic contract server 100 includes a contract management DB 400, a contract issuing unit 410, an investor managing unit 420, and an expert input unit 430. Here, the contract issuing unit 410 includes an authentication unit 500, a contract generation unit 510, a contract management unit 520, and a contract establishment condition unit 530. The investor management unit 420 includes an authentication unit 600, A contract notification unit 610, a vote management unit 620, and an opinion posting unit 630.

The contract management DB 400 stores an electronic contract file for each newly created revision contract in advance whenever the revision is reflected from the electronic contract file for the contract draft registered by the issuer in the electronic contract server. And management.

The contract issuing unit 410 generates an electronic contract file for the contract draft created using the contract or template of the contract registered by the issuer and, when an amendment of the contract content occurs in accordance with the opinions of the investor or the expert, If an amendment is decided to be reflected in consideration of investors' pros and cons etc., the electronic contract file for the amendment contract reflecting the separate amendment is generated instead of directly modifying the previous electronic contract file.

5, the authentication unit 500 first authenticates the issuer connected to the electronic contract server 100 through a public certificate, an ID / password method, or the like . If the authentication is successful, the contract creating unit 510 receives the contract file from the issuer, provides the contract template to the issuer, receives the contract file created from the template, and generates an electronic contract file for each investor. Also, the contract creating unit 510 generates an electronic contract file for the contract reflecting the modification when the modification is generated, maps the electronic contract file to the electronic contract file before modification, and stores the electronic contract file in the contract management DB 400.

The contract management unit 520 selects whether to proceed with a vote on whether or not the correction is made when a modification is made in the contract content. The contract management unit 520 receives a request for a vote from a publisher or an expert, and receives an approval or rejection of a correction item from the investor through the investor management unit 420.

The contracting conditional part 530 determines whether the correction is reflected in the result of the investor's vote on the correction. To this end, the electronic contract server 100 is preferably informed in advance of the conditions under which the modification of the contract content will be determined according to a certain condition when the funding contest is made.

Whether or not the correction of the correction according to the voting result of investors can be set in various conditions, three of them are as follows.

First, conditional fulfillment type. This means that all investors who have declared their investment intentions will receive a proposal for a certain period of time, and if the proposal is 100% approved, it will be recognized for the correction. If the proposal is not 100% approved, Keep the contents intact or cancel the whole contract.

Second, it is majority type. If the number of investors in favor of a vote on a fixed period of time falls within a predetermined percentage (for example, 1/2 or 2/3, etc.), the method of approving the correction is approved. At this time, contracts with investors who do not vote or vote are automatically canceled. On the other hand, if the number of opposing investors is more than a predetermined ratio (for example, 1/2), the entire contract is canceled and if the number of opposing investors does not fall within the established ratio, It is possible.

Third, investment amount is reached. Since the publisher wants to raise a certain amount of money rather than the number of investors, if the total amount of the investor's investment in favor of the amendment reaches the predetermined target amount, the investor who has established and opposed the contract with the approved investor Cancel the contract with an investor who has not voted. If the sum of the investor's investment in favor of the amendment does not fall within the pre-set target amount, the contract can be returned to the pre-amendment or cancel the entire contract with the investor.

Next, referring to the investor management unit 420, the investor management unit 420 notifies the investor of the contract content and the correction items, receives the opinions of the investors about the opinions or the corrections, and finally, : N) form an online electronic contract.

6, the authentication unit 600 authenticates an investor connected to the electronic contract server 100 through a public certificate, an ID / password, and the like. The contract notification unit 610 notifies the investor of the contents of the contract or the contents of the contract. At this time, the Contract Notification Department (610) notifies all investors who intend to invest in the investment case or provide contract details or modifications to the connected investor, Etc., or send the contents directly to the investor terminal so that they can be confirmed.

If the voting management unit 620 decides to vote on the amendment of the contract, it informs all investors who have indicated their intention to invest in the investment case, and informs the investors of the proposal and the pros and cons of the amendment do.

The opinion posting unit 630 receives various opinions on the contract content from the investor.

The expert input unit 430 provides the opinions of the investors so that the experts can see the opinions, receives the opinions from the experts, and provides them to the issuer so that they can decide whether or not to vote on whether or not the amendments to the contract contents are reflected. In addition, the expert input unit 430 may determine whether to proceed with a vote on a correction item if the issuer permits it, from the expert.

FIG. 7 is a diagram illustrating a flow of an embodiment of a one-to-many (1: N) electronic contract method between a publisher and an unspecified number of investors according to the present invention.

7, the issuer 700 accesses the electronic contract server 710 and is authenticated (S750 and S752). After that, the issuer 700 transmits a contract for an agreement with an unspecified number of investors 920, such as crowdfunding, 710 (S756). At this time, the publisher 700 can create the contract content using the contract template provided from the electronic contract server 710 (S754).

The electronic contract server 710 generates a first electronic contract file (i.e., a master electronic contract file) for the contract content received from the issuer 700 (S758), and then confirms the contract details to a plurality of investors (S760). When the electronic contract server 710 receives various opinions from the investors (S762), the expert agrees with the experts and provides them to the issuer (S764), and the issuer 700 receives the corrections reflecting the opinions And registers it in the electronic contract server 710 (S766).

The electronic contract server 710 provides the details of the modification to the plurality of investors 720 (S768) and receives the pros and cons for the modifications from the investors 720 (S770). The electronic contract server 710 determines whether or not the correction is reflected according to whether or not the investment result of the pros and cons corresponds to the predetermined contract establishing condition (S772), and the contract establishing condition is as shown in FIG.

When it is determined that the modification is reflected, the electronic contract server 710 does not directly edit the first electronic contract file, but, instead of the first electronic contract file, the electronic contract file for the modification contract (Electronic contract file) (S774), and concludes an electronic contract with an investor (for example, an investor who agrees with the correction) based on the contents of the modified electronic contract file (S776). Then, the electronic contract server 710 receives the first electronic contract file and the second electronic contract file reflecting the modifications (if there are several revisions reflected, there may be M electronic contract files as shown in FIG. 2) Are generated for each investor, and the relationship between the generation of the electronic contract file is mapped and stored in the database as shown in FIG. 2 and managed (S778).

The present invention can also be embodied as computer-readable codes on a computer-readable recording medium. A computer-readable recording medium includes all kinds of recording apparatuses in which data that can be read by a computer system is stored. Examples of the computer-readable recording medium include ROM, RAM, CD-ROM, magnetic tape, floppy disk, optical data storage, and the like. The computer-readable recording medium may also be distributed over a networked computer system so that computer readable code can be stored and executed in a distributed manner.

The present invention has been described with reference to the preferred embodiments. It will be understood by those skilled in the art that various changes in form and details may be made therein without departing from the spirit and scope of the invention as defined by the appended claims. Therefore, the disclosed embodiments should be considered in an illustrative rather than a restrictive sense. The scope of the present invention is defined by the appended claims rather than by the foregoing description, and all differences within the scope of equivalents thereof should be construed as being included in the present invention.

Claims (4)

An electronic contract server for establishing and managing a one-to-many (1: N) contract based on the same contract between a publisher wishing to invest and a plurality of investors wishing to participate in funding,
The method comprising: generating a first electronic contract file that includes the same contractual content for a plurality of investors, determining the number of investors approved for a predetermined period of time or the amount of investment of the approved investor A contract issuing unit for generating a second electronic contract file in which a same revision is reflected to a plurality of investors when the total sum of the plurality of investors reaches a predetermined condition;
An investor management unit that receives from the plurality of investors whether or not the modification is approved, and performs an electronic contract based on the content of the second electronic contract file through the investor authentication process; And
And a contract management DB for mapping and storing the first electronic contract file and the second electronic contract file that are generated for each investor and include the same contract contents. The information processing apparatus according to claim 1,
Upon receipt of the contract file from the issuer or upon receipt of the contract file created based on the contract template, the first electronic contract file corresponding to the number of investors is generated and the second electronic contract file reflecting the modification As the number of investors in favor of the investor;
A contract management unit for selecting whether to proceed with a vote of a correction requested by at least one of a publisher, investor and an expert; And
A contractual conditional part that sets the conditions for the total of the investment amount of the investor in favor of the amendment, and then determines whether to reflect the amendment in accordance with the result of the amendment To the electronic contract server. The system according to claim 1,
A contract notification unit for notifying the investor of the first electronic contract file or the second electronic contract file;
A voting unit for notifying the investor of the vote on the amendment and receiving approval from the investor; And
And an opinion publishing unit for receiving an opinion including an amendment to a contract content of the first electronic contract file from an investor. (1: N) electronic contract based on the same contract between a publisher who wants to invest and a large number of investors who want to participate in funding,
Generating a first electronic contract file for a contract content received from a publisher;
Receiving an opinion on the contract content from at least one or more investors;
Notifying the investor of the revision of the contract content reflecting the opinion, and receiving the pros and cons of the revision;
Generating a second electronic contract file in which the modification is reflected when the total number of investors who agree with the modification or the sum of the investment amount of the approved investor satisfies a predetermined condition; And
And mapping and storing the first electronic contract file and the second electronic contract file generated for each investor in a database.
KR20130054647A 2013-05-14 2013-05-14 System for managing electronic contract and method therefor KR20140134567A (en)

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Cited By (2)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
KR20190108521A (en) * 2018-03-14 2019-09-24 주식회사 아이시티코리아 Smart contract system based on block chain and its method
KR20210017964A (en) * 2019-08-05 2021-02-17 주식회사 인터리핀 Method and apparatus for autonomous guarantee verification for p2p loan service based on blockchain

Cited By (2)

* Cited by examiner, † Cited by third party
Publication number Priority date Publication date Assignee Title
KR20190108521A (en) * 2018-03-14 2019-09-24 주식회사 아이시티코리아 Smart contract system based on block chain and its method
KR20210017964A (en) * 2019-08-05 2021-02-17 주식회사 인터리핀 Method and apparatus for autonomous guarantee verification for p2p loan service based on blockchain

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