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The Plaintiff (Counterclaim Defendant) paid KRW 26,044,473 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from November 4, 2014 to November 21, 2014.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim.
A. The Plaintiff is a company that operates content planning, development, operation, and sales business. The Defendant is a company that provides the same video lectures produced by obtaining a license from U.K. C among the online-related businesses operated by the said company from B that operates the distance lifelong educational facility business, publication manufacturing and sales business, etc., and operates the company from July 2012 to B with the trade name of B.
B. On October 31, 2012, the Plaintiff entered into an online education service partnership agreement (hereinafter “instant agreement”) with the Defendant regarding the provision, etc. of profit-making business (Article 2 subparag. 1 of the contract) that provides digital-type content related to education on the online market by using the Defendant’s C brand and teaching material license for e-learning services on the website (Article 2 subparag. 1 of the contract). The term of the contract was from October 31, 2012 to October 30, 2016. The key contents are as follows.
B(A) and Plaintiff (B) promise to faithfully perform their mutual obligations for successful business progress as joint business operators of e-learning services of the D site, and B support for content production, such as brand provision and teaching materials license, and the Plaintiff enters into a contract with the aim of promoting mutual interests as a joint master in carrying on each business as a joint master in the establishment of the site, content development, and operation entity:
Article 2 (Definitions)
2. The term "content" means online educational products produced by the Plaintiff to operate e-learning services;
Article 3 (Details of Projects)
3. A list of contents 1) F (3D Ed. G 2) H (3DD Ed. G 2) H (3) 3 (G) K (G) 5) by means of “D e-learning services” is excluded from sales to other institutions other than D sites. Article 5 (Duties and Roless) [contents].