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(영문) 서울고등법원 2016.09.29 2016나2002060
시스템 구축사업비 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Status 1 of the parties, etc. 1) Bankruptcy debtor UBC Co., Ltd. (hereinafter referred to as " UBC")

A) A corporation is established on September 15, 2003 and engaged in the business of manufacturing and selling computer hardware and software, and multi-mediate system construction. UCCB is a corporation that is established on June 29, 1998 and runs a casino business and a tourist hotel business, etc. on September 3, 2014, upon receipt of a decision to commence rehabilitation procedures as Seoul Central District Court 2014hap10096. On April 28, 2016, the Seoul Central District Court filed a petition for bankruptcy with the Seoul Central District Court 2016Hahap50, and was appointed as a bankruptcy trustee on April 29, 2016.

B. On October 4, 2013, U.S.C. concluded a system construction service contract between U.S.B and the Defendant with the content that U.S.C. will provide the Defendant with system construction services at KRW 2,609,265,000 (including value-added tax) (hereinafter “instant service contract”).

C. The content of the instant service contract was embodied in 13 attached documents, such as a technical negotiation statement (technical negotiations), special terms and conditions of the contract, general terms and conditions of the service contract, and a written request for proposal.

1) Of the technical negotiations that form the content of the instant service contract, the part regarding “the necessary budget overall statement” indicating the basis for calculation of the service cost” (hereinafter “instant general statement”) of “the necessary budget general statement indicating the basis for calculation of the service cost.

) The amount is classified as follows: Purchase of software including 1,168,076, and 400 value-added tax (including 1,168,076, and 400 value-added tax on the cost of software purchase, including 807,513,076, in total of the cost of cost calculation, development cost of non-high-level development service software development cost, value-added tax, and the cost of building database

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