Lawyers Choi Ji-hyun and Song Ji-won from the law firm Sayoo represented the client, the ordering party, in a dispute with the development company that arose during the development process of an NFT platform. There existed differences in interpretation regarding the scope and completeness of the development between the two parties, leading to considerations of legal procedures such as civil litigation.

Prior to commencing the costly and time-consuming litigation process, Choi Ji-hyun and Song Ji-won successfully mediated a favorable agreement between the parties, effectively advocating for the client's interests.

In particular, the client, as the ordering party, expressed significant concerns about the potential leakage of its trade secrets by the development company during the project's progress. To mitigate the risk of trade secret leakage, Choi Ji-hyun and Song Ji-won drafted a Non-Disclosure Agreement (NDA) incorporating a penalty clause of up to 10 billion won, considering the total subcontract amount.

Additionally, Choi Ji-hyun and Song Ji-won prepared a separate Negotiation Termination Agreement clearly outlining 1) the ownership of intellectual property rights, 2) obligations regarding the destruction of prototypes, 3) the schedule of damages and penalties for breach, and 4) dispute resolution methods. This effectively preempted any potential legal disputes related to the project in the future.

If you seek a definitive resolution for disputes arising from software development, it is advisable to seek the assistance of experienced professionals who have a wealth of relevant experience to resolve disputes early on.