[NEWS] JYJ and SM failed to agree on arbitration of exclusive contract and return to the court’s decision in Sep

JYJ and SM failed to agree on arbitration of exclusive contract and return to the court’s decision in Sep

Original Link: http://news.nate.com/view/20120810n25558

August 10, 2012


The arbitration between SM Entertainment, who is on a dispute regarding the idol group TVXQ’s exclusive contract, and JYJ(Jaejoong Kim/Yuchun Park/Junsu Kim) has finally ended in failure.

SM Entertainment’s CEO Young Min Kim and the lawyers of the both parties attended to Seoul Central District Court’s arbitration room 579 at 4PM on the 10th(of Aug) and mediated(arbitrated) differences of opinions.

The members did not turn up at the court. [Translators note: A plaintiff does not attend to a civil case if he/she has legal representatives to deal with a case.]  The arbitration was proceeded for about an hour and a half, and each party entred the arbitration room in turn in order to deliver their opinion to the court.

The both also seated together to discuss their opinions after this. The CEO Kim discussed with his lawyer while he was staying at a waiting room. He was unforthcoming about details, saying “I cannot say anything as it is under process at the moment”.

Before this, SM Entertainment and JYJ had had arbitration date 6 times [Translators note: All arbitration dates were made upon SM’s request. JYJ’s lawyers never asked any.] to bridge the differences from May 2011, but the hearings at court recommenced as they failed to reach an agreement.

The hearing was on May and there were still too many difficulties between the both parties, so final ruling date was due to be announced, but they had one more arbitration date as the court suggested a mutual agreement. [Translator’s note: Civil Court does its best to solve a case with a mutual agreement if possible. This is why the court accepted so many arbitration requests of SM.]

However, the both parties failed to bridge their differences again.
JYJ’s legal representative informed us that “There are too wide differences of opinions. We could not make an agreement and will have the final ruling date by the court around Sep 13”. The lawyer continued, “SM’s stance is just to ‘cover(forget about the matter)’ over the past and we expressed our opinion that we have to technically thrashed the things out such as settlement of accounts(payment) and other things which should be clarified by the law. The both parties’ opinions are being divided over the issue, but the court suggests a mutual agreement or mediation until the court announces it final decision”.

Judging from this, it is highly expected that the court would decide its final ruling regarding the 3-year lawsuit. SM kept saying “We don’t have anything to say for now” after press’s questions after the arbitration.

JYJ had applied for an injunction to terminate the validity of their unfair exclusive contract in 2009 and the court accepted it in favour of JYJ. SM filed a lawsuit to clarify validity of the exclusive contract (saying its contract had no problems) in Apr 2010 against the decision and JYJ also filed a lawsuit to clarify invalidity of the exclusive contract.

In Feb 2011, the court rejected SM’s objection against the decision of the injunction, and also rejected SM’s injunction to terminate exclusive contract (between JYJ and C-JeS Entertainment) too. With those decisions, the court made clear that the exclusive contract between the two parties(SM and JYJ) was invalid, and JYJ’s independent entertainment was guaranteed.

To Add the comments of JYJ’s legal representative:

JYJ’s lawyer also said “We thought SM had changed its previous position a little bit because it was SM who requested this arbitration, but it did not so. The arbitration failed to reach an agreement as the both parties could not bridge the differences”. “The court will set the date for its final ruling between Sep 6 and Sep 13. The court just said that it would like to suggest a mutual agreement if possible before its final decision on the case”, the lawyer added.
Original link quoted: http://news.nate.com/view/20120810n25991

“SM is not accepting the invalidity of the exclusive contract which we demand”, explained the legal representative of JYJ.
Original link quoted: http://news.nate.com/view/20120810n25537

_________________________________________________________________________________________________

Well I believe it’s not surprising, isn’t it? The arbitration can never reach an agreement as SM only wants to gain time so that the result comes as late as possible to prevent a decrease of its stock prices.
SM said ‘Let’s cover over (forget about) the past’, which is completely nonsense.
Would you ever be able to forget everything about what the three members have been through so far?
You might see how stubborn it is, not to give a penny of compensation to JYJ, which is basically set as 3 billion KRW as the value of lawsuit. (I even doubt that SM has that amount in cash as its financial structures entirely depends on bubble stock prices.)

It also still insisting that it cannot accept the invalidity of the contract at all, which was already decided invalid under the court’s decision on the injunction in 2009.
(Which means, SM has been insisting that it has nothing to be blamed, so it cannot pay a penny of money to JYJ for 3 years. Pathetic, huh?)

It is known that the court shall set the date of final decision in Sep, so sadly we have to wait another dull time to see its end.

PS. Please Please don’t be confused by any rumors which have no clear evidences. 
I know there have been so many stories about the lawsuit, but the process is NOT OPEN PUBLIC. 
Only the lawyers of the both parties can know the exact details. 
The only thing public can know is dates  and simple basic details provided by the court’s website. 
That’s why I did not say anything until something officially comes out. 
If you see any stories without facts, just ignore it and wait until something is officially announced.
Then you shall be less stressful!🙂

Translation Credit : https://dedicatee.wordpress.com

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2 thoughts on “[NEWS] JYJ and SM failed to agree on arbitration of exclusive contract and return to the court’s decision in Sep

  1. thank you so much for your translation. the other translated article from the same korean source is different and kinda confusing >< this clears up my confusion, thanks a lot🙂

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