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1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from May 5, 2016 to September 19, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 31, 2013, the Plaintiff entered into a contract with the Defendant and the Plaintiff for the construction of the existing Travel Guides website and Hybid app (hereinafter “instant service contract”). The main contents of the instant case are as follows.
Article 2 Definitions
1. The term “project” means the development of Lybid and Hybid apps as requested by the Plaintiff to the Defendant.
It includes the manager's guide related to the establishment website.
2. The term “services” refers to the work that the Defendant provides to the Plaintiff for the construction, development, installation, and any other work incidental thereto for the purpose of the website Newice and Hybid App development.
Provided, That this shall not apply to the installation and management of hardware in the installation and overall business affairs.
Article 3 The contract period of the project shall be 116 days from the following day after the contract is concluded.
Article 4 (Scope of Services)
2. The scope of production shall be based on a separate sheet and a written estimate and related data consulted between the Plaintiff and the Defendant before the contract, and additional matters shall be determined by the consultation.
4. All operations shall be conducted on the basis of the matters agreed between the plaintiff and the defendant, and may be partially modified and supplemented if the work has no impact on the work already undertaken.
8. All operations shall be produced in full in accordance with the data provided by the Plaintiff.
Provided, That the plaintiff shall provide the defendant with accurate and finalized data, and if it is not possible, he/she shall consult with each other for mediation.
9. The plaintiff may request correction and supplementation of the design provided by the defendant, regardless of the number of times.
Provided, That in the design work, the plaintiff shall indicate to the defendant a clear guide and the required matters.
10 After the work of a design radar in the form of JPG file, the Plaintiff may request the Defendant to amend the amendment before commencing the crowdfunding work.
provided that it is not clear; or