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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) on 15,662.
Reasons
1. Basic facts
A. On October 28, 2014, the Plaintiff entered into a brand design service agreement with the Defendant (hereinafter “instant contract”) with respect to the following, while preparing for household affairs and childcare-free services.
1) Article 1 (Purpose and Scope of Contract): The defendant completes and delivers the object of “B brand design” ordered by the plaintiff, and as a result, the plaintiff clearly states the rights, obligations, etc. among the parties to the contract in paying remuneration to the defendant, thereby preventing disputes and promoting mutual benefits. The scope of the contract includes four setting (including simple mutual search and domain name search), log design (including a trademark), web design and construction, and app design. 2) Article 3 (Remuneration: The defendant’s brand design remuneration is KRW 40,000,000.
3) Article 4 (Payment of Remuneration): The Plaintiff shall pay the remuneration to the Defendant in return for the performance of this Agreement as follows: - The remainder of KRW 20,00,000 within five days from the commencement date of the inspection of the final delivery: Within five days from the completion date of the inspection of the final delivery (20,000,000 won) ① The “B brand design service” will complete from October 28, 2014 to December 30, 2014.
(2) The plaintiff shall conduct an examination of the intermediate delivery at each stage of service, and shall notify the results of the examination within five days.
3. The Plaintiff’s dissenting opinion, correction, etc. on the intermediate humanitarian material shall be clearly stated in writing so that the Defendant can reasonably reflect his/her opinion and shall be deemed accepted unless the Plaintiff’s dissenting opinion, etc. is given.
5) Article 13 (Cancellation or Termination of Contracts) (2) The plaintiff and the defendant shall notify the other party of the performance where any of the following causes occurs, and if they fail to perform within 14 days, all or part of this Agreement.