[NEWS] Dispute finally ended – makes 0% possibility for TVXQ to be Five

Dispute finally ended – makes 0% possibility for TVXQ to be Five

The dispute regarding exclusive contract between SM Entertainment and JYJ (Jaejoong/Yucjun/Junsu) has been completed by the both parties’ agreement. This made the dispute dragged for 3 years and 4 month finally finished.

According to legal circles on 28th, SM Entertainment and JYJ agreed to finish all contracts made between the both parties as of July 31st, 2009, the date of application for injunction. Also they made agreement to withdraw all lawsuits related and would not interfere in each other’s activities. Therefore, JYJ and 2 members of TVXQ now go separate way.

TVXQ has been doing its activities as 2 members – Yunho and Changmin, and Jaejoong Kim/ Yuchun Park/ Junsu Kim have been doing both individual activities in acting career and activities as the group JYJ. It is now the 3rd year of JYJ which was formed in SEP 2010, and the both TVXQ and JYJ are having a lot of popularity in domestic and abroad.

As the conflict is completed by agreement, now there is almost zero percentage for TVXQ to be 5 members in a matter of fact. Also the both sides have already made their own ways, so it is expected that there would not be any big changes of their activities. TV2XQ and JYJ are now able to have their activities independently freed from dispute.

Jaejoong Kim, Yuchun Park and Junsu Kim made their first debut as members of TVXQ in 2004, and applied for an injunction to terminate validity of exclusive contract against SM Entertainment, the former management company, in July 31st, 2009.

http://m.media.daum.net/entertain/enews/view?newsid=20121128121714855

+) Also JYJ’s names will be removed from the list of SM artists on its financial report for stock market from this 4th quarter as now the three members of JYJ are neither TVXQ, nor SM singers any more after all contracts has become invalid. (SM has included JYJ’s names on the name of the members of TVXQ insisting they were still SM singers as the exclusive contract was valid.)

Now the past becomes ‘real’ past, so congratulations on being freed from the contract of SM!

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[NEWS] JYJ “We’ll walk the way that only JYJ can do” C-JeS comments on completion of the lawsuit

JYJ “We’ll walk the way that only JYJ can do”
C-JeS comments on completion of the lawsuit

NOV 28, 2012

Original Link: http://osen.mt.co.kr/article/G1109506440

 

The dispute between JYJ(Jaejoong Kim, Yuchun Park and Junsu Kim) and SM Entertainment has been dramatically completed by the both parties’ agreement.

C-JeS Entertainment, the management company of JYJ, released official press release through Se Jong Law Firm, the legal representative. On the press release of Se Jong Law Firm, it expressed that “the injunction JYJ filed against the former management company(SM) made monumental rulings clarifying that unfair contracts abusing the weak party’s position are invalid twice, while it was drawing such public attention”, as the background of the lawsuit.

It continued, “The previous rulings made that entertainment industry’s unfair practices wiped away and accelerated opportunities to be significantly improved. With the ruling from the lawsuit, 1) legal practices were improved in order to protect new artists, 2) the parties involved in entertainment industry became aware of the problems so that the new artists can have their activities with more freedom. We hope this broad view of agreement can help JYJ to improve even more, with the both parties mutual cooperation”.

JYJ filed an injunction to clarify invalidity of exclusive contract in 2009, and the court accepted this so that JYJ could have independent activities. After this, SM filed the lawsuit to clarify validity of exclusive contract and claimed compensation for damage in APR 2010, and JYJ also filed the lawsuit to clarify invalidity of exclusive contract against this. However, the court favored in JYJ’s side after rejected SM’s objection against JYJ’s injunction and ordered indirect order to pay for its interferences in JYJ’s activities.

Chang-Joo Back, CEO of C-JeS Entertainment, added that “We always thought that this was a winning game since the court accepted JYJ’s injunction[in 2009]. The current disturbance happening to JYJ’s activities are not about legal disputes, but being a David and Goliath contest, therefore, we do not think that our plans will be dramatically changed after the ruling”.

He continued, “We are walking the path that only JYJ can do and also will continue as we planed in the future. We hope that this agreement would make improvement for some cases which were regulated by way of making excuse from the lawsuit. Also we would like to express our sincere appreciation for fans in Korea and abroad, who send everlasting support for JYJ so far”.

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[NEWS] JYJ Finishes legal dispute with SM – “Won’t disturb each other’s activities”

JYJ Finishes legal dispute with SM – “Won’t disturb each other’s activities”

NOV 28, 2012

Original Link: http://news.nate.com/view/20121128n12127

The group JYJ (Jaejoong Kim, Yuchun Park and Junsu Kim) has got free from SM Entertainment.

The dispute between SM Entertainment and JYJ has been completed based on mutual agreement , 3 years and 4 months later since it started.

According to legal circles, SM Entertainment and the three members of JYJ agreed to finish their all contracts based on the date of July 31st, 2009. Also the both parties made written agreement containing that 1) the both would cancel all lawsuit filed against each other, 2) will not disturb any activities against each other.

Jaejoong, Yuchun and Junsu who debuted as the group TVXQ in 2004, filed a lawsuit to clarify invalidity of exclusive contract on July 31st 2009 and have had their activities as JYJ since Sep, 2010.

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[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.

_______________________________________________________________________________________________________

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.

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[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! 🙂

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SM’s lawyers applied for arbitration on July 11

*Arbitration in Korea may defer to your own country’s law system, so it’d be great if you could  accept as it says and try not to compare/adjust with your law system.

Arbitration refers : In order to solve an argument, the court intervenes in the parties involved by drawing agreements with mutual concessions so that the court can build bridges to the both parties.

– When one party applies for arbitration, the court can accept if it’s decided to be necessary, or reject it.
– If both parties have successful agreements by arbitration, the case can be concluded as a mutual settlement.
– If agreements are failed, hearings/trial begins again in order to make the judge’s ruling.

1. There were 4 times of arbitration by SM’s request in 2011.
Jaejoong/Yuchun/Junsu have not applied for change of dates or arbitration.
[Well SM had constantly requested changes of hearing dates before these arbitration.  You may know the reason already – all SM wants is ‘not having the case concluded].

2. The arbitration failed to reach a mutual agreement, so hearings re-started in Jan 2012.
[SM even applied for delay of hearing preparation date during this period too.]

Anyway, all hearings completed on June 19, 2012, and July 19, 2012 is announced for the date of the final ruling(rendition of judgement) of 1st trial.

3. Today (July 11), 8 days before the ruling, SM’s lawyers have submitted an application for arbitration. It can be accepted or rejected by the court’s decision.

Certainly HoTels are getting crazier than ever as the July 19 is coming, saying such things like JYJ is dragging the lawsuit or some kind of other rubbish. I can confirm that JYJ’s lawyers have never applied for any changes of dates or arbitration while SM is still doing so. Why would they? It’s SM who does not want this lawsuit finished, not JYJ. The members’ lawyers are the one who complained SM’s such behaviours (changing hearing dates, not bringing the witness in time so that the hearing was delayed) to delay the lawsuit in the court.

Anyway, it’s 8 days (soon to be 7 days in KST) before the ruling date, and just ask yourself this question.
‘If you were the one who was highly expected to win a lawsuit, would you apply for arbitration which took months, a week before final ruling date?’ SM’s intention seems so transparent that does not worth speaking of, but I just wanted to explain as OT5s(Well,  should I put ‘some’ or it’s more likely ‘OT5s in Korea’?) /HoTels  say some ridiculous things to defend SM. (Such as rumors like ‘JYJ is delaying the process’ and others)

Well as July 19 is coming forward, there will be anything about accepting or rejecting this soon so let’s wait couple of days more.

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The decision of Lawsuit to verify Invalidity of the exclusive contract will be given on July 19

Probably almost everyone knows about this already, but just wanted to summarise for your understanding.
As I tweeted yesterday, the lawsuit to verify invalidity of the exclusive contract (between SME and Jaejoong, Yuchun and Junsu)’s last hearing was finished on June 19,

(Also see hear for basic information about the lawsuits around SME and JYJ)

The following schedules from the website of the supreme court show that the all hearings of the lawsuit were finally concluded, and Seoul Central District Court is going to give its decision on July 19.

I personally visited the court to see yesterday’s hearing, but it was not open public so could not entre.
(only limited staff and lawyers could attend)
So if you see any stories about the details of the hearing, IT’S A LIE Because no one could entre the court except both parties who directly involved in the case.

Anyway, Finally, At Last, the 3-year lawsuit is really about to be finished.

Have you known that SME is also really famous for losing all of their lawsuits so far in Korea?
Just like other cases and given the circumstances and other decisions by the court so far, it is expected to be another lost case.

But – This is a 1st trail at district court.
Korean law takes Dreiinstanzen system**, it is highly expected that SME would appeal against the final ruling just like they did for the lawsuits with other artists. Don’t forget that they are only interested in ‘how long it can be delayed’, not in the results of the losing game.
Well it is really clear that they’ve forgotten something never changes – Nothing lasts forever.

**Dreiinstanzen system: The legal system that people can have a trial 3 times per a case.
(EX: First trial at District court -> Second trail at Appeal court -> Final trial at the Supreme Court)

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