[NEWS] SM and JYJ failed to reach agreement again – Dragged Out Again?

SM and JYJ failed to reach agreement again – Dragged Out Again?

Sep 18, 2012

 Original Link: http://news.nate.com/view/20120918n30515

SM Entertainment and the group JYJ (Jaejoong Kim, Junsu Kim and Yuchun Park) who have been in dispute regarding the exclusive contract of the Idol group TVXQ failed to find an agreement and remained as far apart as ever.

Seoul Central District Court Civil Department 47 held an arbitration date for JYJ’s exclusive contract dispute at Arbitration room #579 of Seoul Central District Court. The lawsuit was about to be ruled on Sep 13, but it was brought to arbitration by the court’s authority.

The court held an arbitration date for about an hour with Young Min Kim, the CEO of SM Entertainment, and the both parties’ lawyers in order to urge an agreement, however, the both parties turned back after finding their different stances again, having no results.

“There was no outcome at all”, said JYJ’s lawyer told StarNews, implying the arbitration was failed. He added that “We only set forth our own opinions in each stance. There was no change about the differences in opinions”.

The court again suggested the both parties to have a mutual agreement. But, it did not set any dates for next hearings, and suspended the verdict indefinitely in the manner of having enough time for agreements. Therefore, the lawsuit that has been dragged out for 3 years since 2009, not become lost in the mists without an end.

So far, there have been a number of arbitration dates since last May in order to try to reconcile their differences in opinion and the verdict date had been set soon, but the arbitration date was set after the court recommended the both parties’ mutual agreement.

JYJ filed an injunction saying “We would the court to terminate the validity of an unfair contract” in 2009, and SM Entertainment filed a lawsuit to clarify the validity of an exclusive contract in April 2010 after the court accepted the injunction. JYJ also filed a lawsuit to clarify the invalidity of an exclusive contract too. And the court rejected all injunctions filed by SM Entertainment (Objection against the injunction ruled in 2009 and an injunction to terminate the validity of an exclusive contract –between JYJ and C-JeS-.), confirming that the exclusive contract between SME and JYJ is invalid and JYJ’s independent activities are guaranteed as well as legally right.

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To help your understandings:

– This is not about who wins the lawsuit, based on the fact that SM’s lawsuit (the above 2 lawsuits were proceeded at the same time) was finished before JYJ’s lawsuit. The result is already out – the contract between SM and JYJ is invalid. The main issue is now how much SM would have to pay JYJ as compensation for damages.

– ‘Suspend the verdict indefinitely’ means more like ‘urge an agreement by force, in details such as compensation for damages’.

– If the lawsuit is finished by the both parties mutual agreement: JYJ receives compensation for damages amounted by arbitration and the case would be finished without further verdict and the appeal/trial at the Supreme Court. (Arbitration results become the final)

– I cannot say further why the court keeps suggesting mutual agreements and feel absolutely disgusted. I can only guess that there is the president election in December in Korea, and the present season is easily effected by political manner as all personnel matters of officials would be changed after the election.  Some people say that Judges tend to very passive to make any verdicts during these times.

We all feel so angry but all we can do is stick together for JYJ even if it sounds depressing. Cheer Up everyone! For JYJ’s sake.

Translated by : https://dedicatee.wordpress.com

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14 thoughts on “[NEWS] SM and JYJ failed to reach agreement again – Dragged Out Again?

  1. 핑백: [NEWS] 120918 SM and JYJ failed to reach agreement again – Dragged Out Again? « JYJ3

  2. If I’m not mistaken they changed the presiding judge in this case because the old one was promoted or something, right? At that time, I was worried if the new judge would affect the progress of this case and I guess I was right T.T

    Suspend the verdict indefinitely, in my opinion this condition is not beneficial for JYJ at all. I see that indefinitely can be ‘last forever’. Not to mention, ‘suspend the verdict indefinitely’ means more like ‘urge an agreement by force, in details such as compensation for damages. Oh well, like SM would pay the amount that JYJ ask them to fulfill. What if they never agree on this details? So, the judges will just munching popcorn and watch the show? This is ridiculous, never know that fighting for justice in South Korea would be this hard.

    I just don’t want JYJ got stuck and have no other choice but to agree with the amount of compensation offered by SM. Because if the case just keep on going like this, it’s JYJ that will be disadvantaged. And then what? JYJ forcefully accept the compensation and the case just done, no appeal whatsoever when we know that this whole time the truth was always siding JYJ. I don’t know, it seems to me that this method used by the judges is like indirectly giving SM ways to victory and it’s unfair.

    • I know what you mean and understand frustration, but we should wait a little bit more for further information I’m afraid.
      Everyone thinks this is absolutely ridiculous and worries about, but there is so little information out at this moment.
      It seems that SM wants to reduce the amount while insisting it has done nothing wrong, which made this arbitration so ridiculous.
      I do not know there are something behind the door (that I’m 80% sure there should be some-_-), but definitely feel that the court is biased at this moment. (the judges are different ppl when the court rejected SM’s all injunction and objection).

      I’ll try to find anything if there are, and hope I can give positive things.. T^T I’ve never been so ashamed of my country like this in my entire life actually!

  3. 핑백: [NOTICIAS] 120918 SM y JYJ fallaron de nuevo en llegar a un acuerdo – ¿Se aplaza de nuevo? « jyjtres

  4. I’m still hoping that the 2 sides can be badgered and cajoled enough by the court to agree somewhere in the middle because then the case, the ordeal, the long nightmare will be OVER. No appeals and most of all NO further reason for any banning or blacklisting of JYJ on TV and in the media. If the court renders a verdict, SM will immediately appeal and then we’ll be back to Square One. I estimate it will take another 3 years of litigation and by then the guys will have to go to the army, so that will make it another 5 years of suffering under this blacklist. So I will give this court some additional time to INSIST that the two parties come to an agreement.

  5. 핑백: [NEWS] 120918 SM vs JYJ không đạt được thỏa thuận chung 2 bên – kéo dài thêm lần nữa? « KJSsmile ≧‿≦

  6. 핑백: [NOTICIAS] 120918 SM Y JYJ FALLARON DE NUEVO EN LLEGAR A UN ACUERDO – ¿SE APLAZA DE NUEVO? « JYJ Perú FC

  7. 핑백: [NEWS] 120918 SM and JYJ failed to reach agreement again – Dragged Out Again? « The Kingdom

  8. 핑백: [News] 18.09.2012 SM und JYJ scheiterten erneut ein Übereinkommen zu treffen – wieder hinausgezögert? || SM and JYJ failed to reach agreement again – Dragged Out Again? « Xiah Shining Star Germany

  9. 핑백: ~News~SM und JYJ scheiterten erneut ein Übereinkommen zu treffen – wieder hinausgezögert?//SM and JYJ failed to reach agreement again – Dragged Out Again? | Guardian Angel Jaejoong

  10. 핑백: ~News~ 18.09.2012 SM und JYJ scheiterten erneut ein Übereinkommen zu treffen – wieder hinausgezögert? // SM and JYJ failed to reach agreement again – Dragged Out Again? « The Yoochun Castle

  11. 핑백: SM y JYJ fallaron de nuevo en llegar a un acuerdo – ¿Se aplaza de nuevo? | JYJ CHILE

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