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Thursday, August 16, 2012

SM Entertainment and JYJ to have another trial in September


SM Entertainment and JYJ have failed to reach an agreement on the issues surrounding the members’ TVXQ contract.

The trial between SM Entertainment and the members of JYJ took place on August 10 at 4PM KST in Seoul Central District Court. SM Entertainment’s representative Kim Young Min, along with lawyers from both sides, were present to debate the issue. The members of JYJ were not present for this trial.

In the 1-hour-30-minute trial, each side expressed their sentiments to the court, and afterwards, both sides expressed their opinions to each other. This day, Representative Kim left the meeting to have a conversation with a lawyer in the waiting room. He met with reporters during the mediation and stated, “The court is still in trial so nothing can be said.”

SM Entertainment and JYJ have been in trial since last May, going through a total of six hearings to reconcile their differences thus far. However, at the end of last year, both sides failed to reach an agreement and hearings have resumed. In May, both sides expressed their points during the hearing and waited for an official verdict, but the court advised a mutual adjustment so another trial date was issued.


However, the two sides have failed to meet a mutual agreement once again. JYJ’s lawyer told Star News, “The difference in opinion between the two sides is too large. An agreement could not be reached so it was decided that another trial will take place around September 13th.”

The lawyer continued, “SM Entertainment’s side is to ‘forget about the past’, and our side is to settle all the accounts and issues in court. Both sides diverge in opinion, but the court is encouraging a voluntary agreement or a mediation until a decision has been made.”

After three years of both sides battling for an agreement, the chances of the court making the final decision have risen. When the SM Entertainment representatives exited the court, they answered the reporters’ questions saying, “There is nothing for us to say yet.”

In 2009, JYJ stated, “[Please terminate the effects of our unreasonable exclusive contracts],” and filed a case. As the court accepted this, SM Entertainment filed a claim for compensation for damages in April of 2010. In February, the Seoul Central District Court dismissed both of SM Entertainment’s injunctions against JYJ.

After this recent hearing, it’s been confirmed that the exclusive contracts signed by both sides have been nullified, and that the decision to secure the individual entertainment activities of the JYJ members has been upheld.



Source & Image: Star News via Nate
Article shared by via allkpop
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Thursday, February 17, 2011

[UPDATES] Seoul Central District Court dismisses both of SME’s injunctions against JYJ


On February 17th, the Seoul Central District Court dismissed both lawsuits filed by SM Entertainment against JYJ.

To recap, SM Entertainment filed an objection on October 27th, 2009, claiming that the Seoul Central District Court’s order to prevent them from interfering with JYJ’s individual activities was illegal.

The court rejected SM’s injunction objection application by stating, “The exclusive contract between SM and JYJ forces the celebrity to become subordinate to the agency without any discretion.  JYJ has no option but to follow SM’s actions due to the subordinate rank they are forced under in the power of SM. A long-term subordinate contract cannot be justified by the risks the agency took in investments, as well as international advancements.”

They continued, ”Aside from the long-term contract terms, SM’s ability to supervise and direct every move made by JYJ, as well as the clause claiming that JYJ must repay for losses only emphasizes the subordinate positions of JYJ in the contract, so the injunction is invalid.” 


Regarding the second injunction filed by SM Entertainment, asking the court to suspend JYJ’s contract with CJES Entertainment, the court replied by saying that the injunction is invalid since SM Entertainment was ordered on October 27th, 2009 that they were to not interfere with JYJ’s individual activities, and their injunction was in breach of that order.

Baek Chang Ju, CEO of CJES Entertainment, commented, “We consider it a victory of truth and hope that their activities are no longer hindered by forced accusations of double contracts. We will be working hard to show only the best side of JYJ to the public. I would like to thank the JYJ members and the staff for consistently battling a tiring fight against Goliath.” 

In conclusion, the exclusive contract between SM and JYJ is invalid, and JYJ’s individual activities are legal.

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[UPDATE #1]

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Representatives of SM Entertainment stated in the aftermath of the ruling, “The legal battle between SM and JYJ is not yet over. This court decision is merely regarding a preliminary injunction, this does not mean that the exclusive contract between SM and JYJ is invalid. The original lawsuit is still ongoing, and the date of pleading will be sometime in mid-March. Through the original lawsuit, the truth will be investigated, and we will be working to make sure that their contracts are still valid.”

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[UPDATE #2]

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Meanwhile, Xiah Junsu tweeted to thank the fans, in response to the ruling, “All of you fans did not let go of the dangerous and risky string and helped us in withstanding everything.. Even when the string bled through our skin and wounded us, it was because all of you that cleaned and treated us that we were able to hold on until the end.. Thank you, genuinely.”

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[UPDATE #3]

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Jaejoong also tweeted, “I feel like those invisible things that are endlessly bumped against each other will keep repeating themselves.. But for this moment today, i’m short of breath as i’m overwhelmed with gratitude toward everyone.”



Source: Xiah Junsu’s Twitter, Sports Chosun, Newsen, E Daily, World Journal, Sports Chosun via Daum
Article shared by via allkpop
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