[INFO] 110221 SM’s Objection DISMISSED: [Summary / Explanation] 

*Please click on the image below to enlarge it

Submitted by: Inklette@DNBN

Shared by: TheJYJFiles

Please do not add/remove credits

[TRANS] 110217 SM’s Official Statement On Courts’ Dismissal “The Trial Has Only Just Begun”

“The legal battle has only just begun.”

SM Entertainment has released an official statement regarding the Seoul District Courts decision that, “The verdict laid on the injunction filed by JYJ’s Kim Jaejoong, Kim Junsu and Park Yoochun is valid.”

On the 17th, SM revealed that, “SM and JYJ’s legal battle is still not over,” and “The decision laid down by the Courts on the 17th was made only with regards to the injunction; it does not mean that the exclusive contract between SM and JYJ is invalid.“

They continued to add, “We are currently involved in the trial on this issue and a witness examination date has been set for mid-March. We will use only the objective truth and facts to prove the validity of the exclusive contract.“

source: [edaily spn+Yuaerubi]
translation credits: jeeelim5@tohosomnia.net
shared by: tohosomnia.net
Do not remove/add on any credits

[NEWS] 110218 Court rules in favor of JYJ in a dispute with SM Entertainment

T/N There are 2 news in this article

[News] 110218 Court rules in favor of JYJ in a dispute with SM Entertainment

JYJ, a pop trio consisting of members from one of Asia’s favorite groups, “Dong Bang Shin Ki,” has won its legal battle to work independently from its management company.

When three members of the quintet, namely Kim Jaejoong, Park Yoochun, and Kim Junsu (more commonly known as Hero, Micky and Xiah), formed JYJ, SM Entertainment claimed the action was a breach of contract.

JYJ members Kim Jun-su (left), Kim Jae-joong (center) and Park Yoo-chun hold commemorative plaques at the appointment ceremony as goodwill ambassadors for the robot competition FLL KOREA in Seoul on Thursday. (Park Hyun-koo/The Korea Herald)

However, Seoul Central District Court dismissed Thursday the injunction request filed by SM Entertainment, thereby allowing JYJ to negate its contract with the company. The court had already ordered on Oct. 27, 2009 that SM Entertainment should not interfere with JYJ and its management agency CJes Entertainment’s activities.

According to the court, the exclusive contract cannot be considered legal for the following reasons: 1) The contract violates the right to privacy, establishing a “dominant-subordinate exclusive” condition, forcing members to obey the agency. 2) JYJ has weaker negotiation capability, having no choice but to follow SM’s decision. 3) The long period of the “dominant-subordinate exclusive” contract cannot be justified as a reduction of investment risk or to penetrate abroad. 4) The articles such as excessive penalty also result in a stronger “dominant-subordinate” relationship.

Other provisions that pushed members into a disadvantageous position were also invalidated, the court official said.

The court also said SM Entertainment’s injunction was a violation of the earlier court ruling not to interfere with JYJ.

A representative of CJes Entertainment, Back Chang-ju, said, “I express my gratitude to JYJ and staff members for their help in fighting a battle with Goliath.

“I believe that this is the victory of justice, and I hope that there will be no more interference with our activity for ridiculous reasons like double contract.”

(Herald Online)

credit: koreaherald
shared by: sharingyoochun.net + DBSGuardians Angels

[News] 110218 JYJ Win Legal Battle with Former Management

JYJ /Yonhap

JYJ, formed by three former members of boy band TVXQ, are now officially on their own and no longer under the influence of their former management agency SM Entertainment.

The Seoul Central District Court on Thursday dismissed a lawsuit filed by SM Entertainment against JYJ over what the band said was an unfair contract between the two parties. JYJ asked the court in 2008 to suspend the contract, and the court agreed, but SM Entertainment brought an injunction.

The band said their 13-year contract with SM Entertainment was unjustifiably long and it prevented them from receiving a fair share of the profits they generated. Since then, they have separated from TVXQ and created JYJ, which is shorthand for their names — Jae-joong, Yu-chun, and Jun-su.
englishnews@chosun.com / Feb. 18, 2011 12:13 KST

credit: chosun
shared by: sharingyoochun.net + DBSGuardians Angels

[NEWS] 110218 K-pop trio JYJ scores legal battle win

JYJ members (from left) Xiah Junsu, Hero Jaejoong and Micky Yuchun on the cover of their mini-album “The…”

SEOUL: Korean pop trio JYJ is one step closer to their goal of extricating themselves from a 13-year contract with former employer, entertainment giant SM Entertainment, after a court victory on Thursday, reported Korean media.

SM Entertainment had previously filed an objection against an earlier court decision, which deemed the contract between the company and JYJ unfair and ordered SM Entertainment to stop interfering in JYJ’s activities.

The company claimed that it was illegal for the courts to prevent SM Entertainment from pursuing its interests, as laid out in the exclusive contract between the company and JYJ members Hero Jaejoong, Micky Yuchun and Xiah Junsu (all former members of SM Entertainment’s boy band Tong Vfang Xien Qi).

However, Korean courts dismissed SM Entertainment’s objection and upheld its October 2009 ruling that the trio are free to go about their activities without having to pay any damages to SM Entertainment as the contract between them was unfair.

Korean courts pointed out that the 13-year contract duration and clauses which heavily penalized artistes who wanted out of the contract, “could not be justified by the investment risk undertaken by the company” for signing the artistes.

The courts also turned down SM Entertainment’s request to suspend JYJ’s contract with their current employer CJES Entertainment, explaining that the request was submitted at a time when the court order for SM Entertainment to leave JYJ alone was still in effect, which made the request invalid.

After the court victory, CJES Entertainment Baek Chang Ju expressed that he was overjoyed JYJ will “no longer be plagued by accusations of double contracts” and thanked JYJ fans for their support.

JYJ member Xiah Junsu also tweeted that he was very grateful to the fans for “not letting go” and giving JYJ the strength to keep going.

An SM Entertainment spokesperson told Korean media that the company is still working to prove that its contract with JYJ is valid and that “the legal battle between SM and JYJ is not yet over”.

-CNA/ha

credit: channelnewsasia
shared by: sharingyoochun.net + DBSGuardians Angels

[TRANS] 110217 Courts Dismiss All SM Injunctions & “Legally Guarantee JYJ’s Independent Activities”

The Seoul District Courts has dismissed all formal objections against JYJ’s injunction as well as the exclusive contract suspension injunction filed by SM Entertainment against JYJ’s Kim Jaejoong, Kim Junsu and Park Yoochun.

On the 17th, the Courts made it known that they have dismissed all claims filed by SM Entertainment, which is the agency’s formal objection against JYJ’s injunction as well as its exclusive contract suspension injunction.

This means that the Courts have emphasized their decision that the contract signed between the members of JYJ and SM is invalid and that the members’ independent activities are guaranteed. They have also publicized that SM Entertainment cannot interfere with JYJ’s activities in the entertainment activities on the claim that their contract with the agency is still valid.

The Courts laid down the verdict that SM Entertainment’s formal objection is invalid on the premise that:
▲the exclusive contract in question can be categorized as a submissive contract as it does not give the celebrity the freedom of choice and instead forces him to follow the orders of the entertainment agency
▲the members of JYJ could do nothing but follow SM’s orders as they were placed in an inadequate position compared to SM in terms of bargaining power
▲the exclusive contract’s extreme long-term subordinate nature cannot be justified by pretexts including the decrease of investment risks and ensuring a stable entrance into foreign markets
▲other than the long-term nature of this exclusive contract, clauses including that which gives SM Entertainment direct superintendency over JYJ’s every move as well as that which calls for excessive compensation for a breach of contract strengthen the submissive nature of this contract and place the members of JYJ in an unilaterally disadvantageous position.

Regarding the injunction filed by SM to suspend the exclusive contract signed between the members of JYJ and C-JeS Entertainment, the Courts dismissed the injunction on the grounds that:
▲as long as the verdict made on October, 2009, which includes the decision that SM must not interfere with JYJ’s independent activities in the entertainment industry, is valid, SM’s request to suspend the validity of the business commission contract signed between the members of JYJ and C-JeS Entertainment is not allowed as it goes completely against the previously stated verdict
▲and stressed that SM cannot exert the direct superintendency, given to them by their exclusive contract, over JYJ’s activities in the entertainment industry as of now.

Source: [osen+DNBN]
Trans by: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits

[NEWS] 100917 Three Members of TVXQ Face Setback in Japan

Three members of TVXQ, Micky Yoochun, Xiah Junsu and Hero Jaejoong, confront a fresh setback as its Japanese management agency Avex on Thursday decided to suspend all activities in Japan of the popular entertainers.


The surprising decision by Avex came just a week after the three members released an album in Japan last Wednesday, which stole the first slot on the Oricon Weekly Chart.

The latest development underscores the difficulties the stars face after the Seoul Central District Court ruled in favor of the three members against SM Entertainment, over an allegedly unfair clause in their contract. Since the legal dispute, the three members have kept their presence in the Japanese entertainment market, with Avex the local agency for the breakaway group, excluding two other members.

The relations between the three members and Avex, however, turned out to be not so amicable as the Japanese agency abruptly announced on Thursday it will stop promoting and organizing events for them, citing concerns about the head of C-JES, a Korean management agency.

“In order to obey the morals of working principles in our company, we have decided we cannot continue the promotions of the three members in Japan,” said an Avex spokesperson Thursday.

Avex also mentioned the criminal record of the Korean agency’s chief in its press release, when announcing its decision to halt management services. However, a PR representative in Seoul for Yoochun, Junsu and Jaejoong told The Korea Herald on Friday that Avex aims to block the group from performing for Japanese fans by suspending the service, rather than scrapping the contract.

Unless Avex terminates the contract, the three members cannot sign a new deal with other Japanese management agencies.

The three celebrities, who have a huge following in Korea, Japan and elsewhere in Asia, strongly refuted Avex’s statement on Friday, saying that C-JES has nothing to do with a criminal organization. They acknowledged the president of C-JES had indeed got a criminal record, but said the rumor about his involvement with an organized crime ring is totally groundless.

The members continued to argue that Avex already knew the agency chief’s past record when the two parties signed their contract. Given the circumstances, Avex cannot use this as a reason to suspend their activities, the members said.

The key point of contention between the three members and Avex concern the terms of the contract. Avex called for a change to the details in it, which the members declined, claiming the new conditions were unfair. The TVXQ members said Avex’s move is simply to punish their refusal to agree to new terms.

¡¡ Avex also stated in the press release that although it suspends service for the three members, it holds the legal rights to serve as a management firm in Japan for TVXQ group, with the full five members, citing the valid contract with SM Entertainment.

“We need cooperation and attention from our fans,” the three members said in a statement. “We hope we will meet our fans as soon as possible.”

Im Sang-hyuk, a lawyer working for the Korean idol group members, said in a statement that Avex shouldn’t have put them in such a tight position. “I will put efforts into solving this problem so that the three members can resume their activities in Japan,” he said.

The three members of TVXQ filed a lawsuit against SM Entertainment over the validity of their contract. They claimed that a 13-year contract was excessively long and that earnings were not distributed fairly among them.

By Lee Woo-young (wylee@heraldm.com)


Source: The Korea Herald
Shared by: OneTVXQ.com + DBSGuardians Angels

[TRANS] 100916 Official Avex Press Release

The Korean company currently responsible for managing JUNSU/JEJUNG/YUCHUN's activities in Japan is C-jeS CO.LTD. It was reported that the legal representative of this company has been taking advantage of his father's previous status as a gang leader to threaten and coerce the artists under its label. He has already been has been found guilty of, and sentenced to prison on charges of coercion. With regards to the allegations mentioned above, Avex has conducted thorough investigation, and whilst there is no legitimate evidence to prove for certain that the said legal representative has links with the mafia, reports on threats and coercion were found to be true.

At the same time, there is a possibility that JUNSU/JEJUNG/YUCHUN's contract with Avex may be voided as a result of developments in their Korean exclusive contract lawsuit.

Avex holds heavy regard for both the legal and ethical implications of its management guidelines, thus until a clear resolution has been found, we will discontinue our management of the trio's activities.

To fans who have continued to support JUNSU/JEJUNG/YUCHN, we would like to express our apologies for the concern and apprehension this news must have brought you, but we hope that you will understand the decisions we have made.

There will be no changes in our plans for scheduled releases and ongoing activities. Similarly, no changes will be made to the contract we have negotiated with SM Entertainment for Tohoshinki's activities as a 5 member unit. Avex will continue to work towards the comeback of Tohoshinki, just as we have done in the past.

Credits: HeyJJ.cc + JYJ Official

Trans by: dorfehh@DBSKnights

Shared by: DBSKnights + DBSGuardians Angels

[TRANS] 100715 Yoochun’s First Solo Public Appearance Since Lawsuit With SM Entertainment

Yoochun, member of the group TVXQ who went on a hiatus after their lawsuit with SM Entertainment arose, made his first solo public appearance since the lawsuit.

On the afternoon of 15 July, at Hwaseong, Gyeonggi-do, Yoochun posed for photos in front of the posters for KBS2′s new drama [SungKyunKwan Scandal] for the media. This is the first time that Yoochun appeared in public alone since July last year, when they filed for an injunction of their exclusive contract with SM.

For that reason, there was a lot of interest on whether Yoochun would comment on TVXQ’s activities or about Yunho and Changmin who chose to stay with SM, in front of the media.

Previously, Yoochun spoke about his ambitions towards this drama, “After reading the synopsis (story outline), I found it really interesting. I wanted to meet Seon Joon (the character Yoochun is playing) quickly. I’m really honoured to be able to play a charismatic character in a serious drama for my first role. To be able to show everyone a good performance in such a good piece of work, I’m studying various things to show my best.”

Source: [chosunonline]
Translation credits: mandasoh@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits

[VIDEO+TRANS] SM, 2.2 billions won of compensation from 3 people of TVXQ

credit: ystarchannel1

“SM, 2.2 billions won of compensation from 3 people of TVXQ”

Reporter 1: Next news, TVXQ on trial.
Reporter 2: DBSK 3 members Hero Jaejoong, Micky Yoochun and Xiah Junsu of Dong Bang Shin Ki have been sued for 2.2 billion won by SME. SM director is claiming 2.2b won compensation for damages incured by the cosmetics business and the cancellation of a concert in Shenzhen. The exact amount of damages will increase this potential amount once the charges will be determined.
Reporter 1: It’s seems like they couldn’t get over it.
Reporter 2: Indeed. Last year, on the 31st July, TVXQ three members filed a disposition application against SME to terminate exclusive contract effect at the Seoul Central District Court. Last October, the Court issued an initial decision in favor of the three TVXQ members by allowing them to keep doing entertainment activities. Since then Micky Yoochun and the others members started their own activities. SM breaks down the possibility of dialogue and concluded to this lawsuit.
Reporter 1: The eventual disbandment of TVXQ and the activities cessation became a serious topic. I think that the lawsuit became concrete.
Reporter 2: TVXQ local activities were suspended but continued in Japan. But despite the album released earlier this year, the 5 members didn’t work at the same time. Japanese agency announced activities suspension that leads to a disband at the end, now that both sides’ position are so far. It was said that the 3 members would give a response as expected. Civil lawsuit takes usually more than 3 years to be established. Unless a dramatic reconciliation of TVXQ, it will be hard to see the 5 of them on stage.

trans by: Kenoa@sharingyoochun
shared by: DBSKnights

[TRANS] JaeChunSu: The Truths & the Lies

Most of this is old news so I've only translated a summary of the article.

1. What is the point of this article?

Ever since the three members filed the lawsuit, the internet has been flooded with unconfirmed reports and false claims, and such rumors have spread to fans in foreign countries including China and Japan etc. The point of this article is to clear up some of the rumors about the three members so that they will not be wrongly accused.

2. Did the three members demand 10 billion won each from SM?

The trio's lawyer Lim Sang Hyuk stated that '”We have asked that SM Entertainment pay each member one billion Won first. The amount we file for compensation will increase but ten billion Won, which is the amount reported in some news articles, is a false report. We have not yet decided upon a final compensation amount.”

Whilst the trio have not filed lawsuit seeking a compensation of this amount, reports of them demanding 10 billion won from SM have spread quickly throughout the Korean media and such erroneous reports have yet to be corrected. This is a typical SM strategy: 'adding a zero after the initial figure' to mislead the audience, the same tactic was employed in the case with Crebeau, where members of the public were misguided and manipulated.

According to SM's contracts, if an artist were to violate the contract, then they would have to pay a sum of 400 billion won.

3. Did the letters 'CJ' appear in 'Heaven's Postman'?

Funds for the production for 'Heaven's Postman' came from the Korean Film Council, the financial industry as well as the distributing company itself.

There are 2 possible explanations for 'CJ' appearing in the movie:

1. During the filming of 'Heaven's Postman', Youngwoong Jaejoong was still under SM Entertainment. The production company accepted funds from CGV (a company under CJ which is also responsible for the production of Changmin's TV series)

2. 'Heaven's Postman' is distributed by CJ

4. Is the trio's new manager involved in triad activities?

Kim Yong Ho wrote two articles in total; the first claims the trio's manager to be a triad member whilst the second clarifies that he is not. Unfortunately, whilst the first article has spread to countries outside of Korea and Japan, the second has not gained much public attention.

Such harsh accusations not only lack reliability, they can also be considered slander against the three members.

5. Is there a big-name company funding the production of JaeChunSu's worldwide album?

The production and distribution of the trio's album will be managed by a company in the US, but the album itself is targeted at audiences throughout Asia.

6. What is the intent of spreading these false reports?

SM is manipulating the three members' status as artists to impair their image and make the three of them lose value.

By stirring up conflict and prolonging the lawsuit, SM hopes to minimize the company's losses.

7. What should we do as fans?

Whilst SM has persisted in misleading the public by spreading lies and rumors, the three members have yet to do anything to defame SM. When faced with large corporations such as SM, as powerless individuals, there is nothing we can do other than to accept the company's manipulation through the media.

Fans of all people, should understand that 'If there weren't an unfair contract, then there wouldn't be a lawsuit'

As fans, we must distant ourselves from these fictitious reports and rumors and calmly await the decision of the court. In the mean time, please continue to look over and protect the trio.

(omitted)

Credits: TVXQBaidu + poplez

Trans by: dorfehh@DBSKnights

Shared by: DBSKnights

[NEWS] SM Entertainment will respond actively to TXVQ trio’s demand for compensation of 30 billion KRW

Admin: We are just sharing this news from sookyeong/kbites. Any wrong information are not DBSKnights' mistake.

SM Entertainment’s official stand on Dong Bang Shin Ki trio’s lawsuit to demand for compensation is that they will be responding to the lawsuit actively.

News surfaced on 28th June reporting that the trio had demanded for a total of 30 billion KRW in compensation from the agency. And SM’s response to that was, “We will be responding actively to the lawsuit for compensation through our legal representatives.”

News reports have also surfaced quoting that the lawsuit is of no problem for SM Entertainment since it has at least 50 billion KRW in cash reserves.

Source: MyDaily
Credits: Kbites
Shared by: DBSKnights

[TRANS] 100629 Detailed Contents Of Exclusive Contract Invalidity Confirmation

Submitted by SM to the Financial Supervisory Service
1. Title of Incident
Exclusive Contract Invalidity Confirmation

2. PlaintiffㆍApplicant
Kim Jaejoong, Kim Junsu, Park Yoochun (Members of TVXQ)

3. Contents of Lawsuit

* 1. To confirm that the effectiveness of the exclusive contract between the plaintiffs and the defendant is no longer valid.
* 2. The defendant must pay each plaintiff 1,000,000,000 Won and must pay an interest of 20% per year from the day after an initial payment is made until the money is fully paid.
* 3. Clause 2 may be executed provisionally.
* 4. All lawsuit expenses will be covered by the defendant.


4. Compensation Amount

* Compensation Amount (Won): 3,000,000,000 Won
* Equity Capital (Won): 63,375,222,440 Won
* Ratio of Equity Capital (%): 4.7%


5. Competent Court
Seoul District Courts

6. Countermeasures to be Taken
The company in question will actively deal with this incident through their legal advisers with the lawsuit and claim for damages that were filed on April 12th, 2010 by the company in question.

7. Date the Lawsuit was Submitted
2010-06-25

8. Date the Lawsuit was Confirmed
2010-06-29


Source: [Financial Supervisory Service+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits

[TRANS] 100629 Daewoo Says SM Possesses At Least 50 Billion Won In Cash.. The Lawsuit Is Not A Problem

Daewoo Securities Co. Ltd. stated on the 29th that although SM's stocks (041510) (12,950 Won, -3.00%) are plummeting due to the TVXQ lawsuit issue, the dip is nothing to greatly worry about.

Kim Chang Won of Daewoo Securities Co. Ltd. Research Center stated, "The current situation is a good opportunity to buy," and "SM has at least 50 billion Won in cash reserves, so they will be able to easily cover a 3 billion Won compensation lawsuit."

"Their second quarter sales will exceed the ballpark figure," and "In the third quarter, SHINee and BoA's domestic activities, Girls Generation's Japanese activities and Super Junior M's Chinese activities will reap great rewards."


Source: [edaily+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

[NEWS] 100629 TVXQ's Jaejoong, Junsu, and Yoochun File a 3-Billion-Won Lawsuit Against SM Entertainment

From left, Hero Jaejoong, Micky Yoochun and Xiah Junsu [SM Entertainment]

Three members of boy band TVXQ, namely Hero Jaejoong, Micky Yoochun and Xiah Junsu, have filed a lawsuit worth three billion won, equivalent to nearly 2.5 million dollars, against major talenthouse SM Entertainment.

According to the Seoul Central District Court on Monday, the three singers brought suit against SM, demanding that they be confirmed their 13-year exclusive contract with the agency had been nullified, along with one billion won each, part of their share of profits they claim to have failed to receive.

The three had applied for provisional disposition of their contract with SM last July, saying it was too long and unfair, to which the court ruled in partial favor of, stating that SM cannot interfere with their individual activities.

This led to a halt of their activities as a five-man band in Korea and a few months later in Japan. The three then formed a separate group, signing with Japanese agency AVEX, through which they declared they would pursue their singing careers.

After giving a series of sold-out concerts in Japan just two weeks ago which they held to "express gratitude to fans," the new trio have been gearing up for their debut which is set to be produced by prominent U.S. musicians Kanye West and Timbaland.

Meanwhile, SM too had sued the three singers in mid-April in a suit worth 2.2 billion won for the damages the agency and the remaining two members, U-Know Yunho and Max Changmin, have suffered from the legal battle.

Since their 2004 debut, TVXQ, discovered and managed by SM, had arguably been one of the most successful K-pop acts in Asia with reportedly the largest fanbase in the world.

Enjoying great success in the Japanese music industry in particular, they became the first foreign artist to top the Oricon singles charts six times and placed their single and album simultaneously within the top three slots of Oricon's singles and albums chart, the first time for a foreign artist to do so in 15 years.

Reporter : Ko Kyoung-seok kave@
Editor : Jessica Kim jesskim@
<ⓒ10Asia All rights reserved>


Source: Asia Economic News
Shared by: OneTVXQ.com

[TRANS] 100628 Trio's Lawyer States, "10 Billion Won Is A False Report"

(omitted)

On the 28th, Lawyer Lim Sang Hyuk of Sejong stated, "We have asked that SM Entertainment pay each member one billion Won first. The amount we file for compensation will increase but ten billion Won, which is the amount reported in some news articles, is a false report. We have not yet decided upon a final compensation amount."

(omitted)

(₩1,000,000,000 ≈ $830,000 USD ≈ ¥74,151,000)

Source: [isplus joins+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits

[TRANS] 100628 JYJ files lawsuit against SM

News released by the Seoul Central District Court on the 28th states that the TVXQ trio have filed lawsuit against SM demanding earnings from album sales.

(parts omitted)

Whilst SM maintains that a 13 year exclusive contract is necessary to compensate for time lost during overseas activities, the trio argue that other artists with overseas activities have much shorter contracts e.g. SS501 have a 5 year contract, Big Bang have a 6 year contract and the Wonder Girls have a 7 year contract. This provides full proof that having overseas activities does not in any way necessitate a longer contract, as SM claims.

They also contend that SM must first pay each member (of the trio) 10 billion won. To date, TVXQ's revenue has totaled to 60 billion won; excluding any other supplemental fees, SM should pay each of the five members 10 billion won.

Last October, the court made the decision that SM must no longer interfere with any of the trio's individual activities.

Source: TVXQBaidu + ohmicky

Trans by: dorfehh@DBSKnights

Shared by: DBSKnights

[TRANS] 100628 TVXQ Trio File Lawsuit For Exclusive Contract

Three members of 'TVXQ' have filed a lawsuit against SM Entertainment following their exclusive contract injunction.

According to the Seoul District Courts, Xiah Junsu (Kim Junsu), Micky Yoochun (Park Yoochun) and YoungWoong Jaejoong (Kim Jaejoong) filed an exclusive contract validity suspension lawsuit on the 25th.

Sejong, the law firm in charge of the trio's legal actions, stated, "The exclusive contract period is thirteen years from the date they debuted, however, if military service is taken into consideration, the length of the contract is in fact fifteen years," and "This violates Clause 103 of the civil code." Clause 103 of the civil code states that any legal acts that violate good customs or public order will become invalid. Sejong also stated, "If the contract is canceled, the members must pay an extravagant compensation fee that is three times the amount of total investments and twice the amount of what the group would have earned in the remaining period of the contract."

The trio submitted an exclusive contract suspension injunction last July which was partially granted in October. SM Entertainment also filed an objection to the partial acceptance verdict and a lawsuit to confirm the continued validity of the exclusive contract in April.

SM, I hate you with a burning passion of a thousand fiery suns...

Source: [hankyungnews]

Translation credits: jeeelim5@tohosomnia.net

Shared by: tohosomnia.net

[TRANS] Netizens Apologize to Crebeau

Since the beginning of the lawsuit, a flock of so-called fans have gathered at a website called 'Daum Television TVXQ Gallery'. These fans ally themselves with SM Entertainment, defaming the trio and causing hatred amongst fans. One of the most frequently raised issues revolves around a cosmetics company, and criticisms on the trio are translated into Japanese, English and Chinese, and posted onto various websites.
Daum Television TVXQ Gallery Website
‘Daum Television TVXQ Gallery’ was one of the three websites involved in the initiation of the recent pro-SM fan petition (the other two being ‘savetvxq’ and ‘aftertvxq’). The petition requests a formal apology as well as the three members’ return to SM Entertainment.
The fans on these websites contend that the lawsuit filed by the three TVXQ members was ‘based off of momnetary temptation which began with the cosmetic company.’ They also viciously accuse Crebeau cosmetics of selling cheap, second-rate ‘made in china’ products, and publicly critisize the company for running a pyramid scheme.
The same allegations were made by SM in a press conference held last year.
The slander and defamation of SM and these so-called fans have caused Crebeau Cosmetics severe losses, and this triggered Crebeau CEO Kang Seok Won’s lawsuit against SM CEO Kim Young Min, in which the former claimed victory.
Recently, having gathered sufficient evidence of slander against them over the internet, Crebeau pressed charges against a total of 15 netizens involved in the dissemination of defamatory rumours.
The individuals who have been pressed charges against have since posted letters of apology over various websites.
Below are apologies from three of the ‘Daum Television TVXQ Gallery’ members.

---

June 1st 2010

To all employees of Crebeau Cosmetics Company,

To all the employees of Crebeau whom I have harmed with the contents of my blog, please accept my sincere apologies.

All of this is the consequence of my thoughtlessness, my fallibility and what I thought to be my love for TVXQ.

In particular, I’d like to apologize to President Kang for the extensive losses and pain I have caused. Sorry.

When I wrote the piece about Crebeau, I was expressing my personal opinion and my perception of ‘the truth’, I did not consider the possibility that what I was writing could be completely false, I am truly sorry.

In my naivety, I only thought of myself and failed to consider the staff of Crebeau, I am very sorry.

I am writing this to convey my remorse for the damage I have caused to your company’s reputation. Because of my mistake, many people formed a negative impression of Crebeau.

I have finally come to realize that the things we wrote were the weapons contributing to Crebeau’s losses, I am very regretful.

Looking back at what I wrote, I was rude and disrespectful.

From a young age, my parents taught me the importance of courtesy, of respect, and at that moment, I threw all of it away. To date, everything I have written has been an expression of my own feelings.

I’d like to apologize once again for the things I have written.

I will delete all of the pieces in question and accept all of the charges issued against me.

I am sorry for the damage I have caused with my reckless behaviour, and I will not write anything related to Crebeau Cosmetics in the future. I will leave this website, and this letter of apology will also be the last that I post here.

Once again, I apologize for the harm I have inflicted on all members of staff.

Please take into consideration my young age and the fact that the problem lies with me immaturity. Forgive me.

Finally, I sincerely apologize for this event.

(2 other letters of apology omitted)

Credits: TVXQBaidu

Trans by: dorfehh@DBSKnights

Shared by: DBSKnights

[TRANS] 100617 “SM Didn’t Defame Cosmetic Company & Yoochun/Jaejoong/Junsu”

The defamation and obstruction of work charges made by cosmetic company We# Plus against SM Entertainment’s Kim Young Min (40) have been dismissed.

According to JipyungJisung, the legal representatives of SM Entertainment, the prosecution dismissed the charges made by We# Plus against Kim Young Min as unnecessary to institute public action on the 31st. TVXQ’s Micky Yoochun (24), YoungWoong Jaejoong (24) and Xiah Junsu (23) have invested in this company.

Last year, SM stated that the legal dispute over TVXQ’s exclusive contract was “Not a happening that occurred due to an unlawful slave contract that violated human rights,” but rater “A lawsuit based off of monetary temptation which began with the cosmetic company.”

In retaliation, We# Plus sued Kim Young Min in two phases in August and November, stating that, “Although the three members have filed the injunction due to an unlawful contract, SM keeps pointing our company out as the cause of the situation,” and “They were trying to distort the facts and hide the real reason for this lawsuit, and our reputation was ruined in the process.”

JipyungJisung stated, “It looks like it was decided that the three members and their families are deeply tied to the business of this company as they violated TVXQ’s portrait rights to promote it.” They added that, “The prosecution has viewed the cosmetic company as one of the main reasons why this exclusive contract legal dispute began.”

The legal representatives also added, “We know that SM is currently examining legal content to make We# Plus take legal responsibility for tarnishing the reputation of Kim Young Min and others within the entertainment agency.”

The three members from TVXQ filed an exclusive contract suspension injunction on July 31st, 2009 against SM Entertainment because they “Wanted to escape from the shackles of an unfair contract”. U-Know Yunho (24) and Choikang Changmin (24) did not join in. The Seoul District Courts partially accepted the injunction on October 27th of last year. This meant that the Courts admitted that the contract between SM and the members of TVXQ was an unlawful one. However, they drew the line when it came to income division as it was decided that the topic would be discussed in the actual lawsuit.

Source: [newsis+Yuaerubi]

Translation credits: jeeelim5@tohosomnia.net

Shared by: tohosomnia.net

Do not remove/add on any credits

[TRANS] 100531 More Than A Thousand Fans Signed The Petition To Request For DBSK “To Not Disband”

Representing DBSK’s fan club Cassiopeia, 1057 fans from Korea, Japan and China have submitted a petition to the Seoul Central District Court on 28th May and its contents revolves around “the hope that DBSK will not disband”.

They submitted the petition manually on the 28th of May, and within the petition is a statement of support towards the activities of DBSK’s five members.

DBSK’s three members, Micky Yoochun, Xiah Junsu and Youngwoong JaeJoong, and their management company, SM Entertainment began their first round of public trial regarding the temporary sequestration of the existence of the exclusive contract on the 7th of May, and both parties once again restated their differences.

At that time, court judge Choi Sung Joon persuaded the legal representative of the three members, saying, “Once the contract is changed, the five members can be active again.” Regarding that, the side representing the three members expressed the possibility of an agreement.

The counsel of the three members, Sejong Law Firm, expressed on the 31st of May, “Even though the court date has not been decided yet, it should be within the month of June. There has been no progress up till now.”

source: JoongAng Ilbo China
translation: kimuchi3005 @ OneTVXQ.com
credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!