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.
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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