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

*Please click on the image below to enlarge it

Submitted by: Inklette@DNBN

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[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
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[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
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[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
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[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
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[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
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[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

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[TRANS] 100507 Disruptions in Activities and Lawsuits With SM Entertainment and Previously Associated Artists: ‘The History of SM’s Wrong Doings and L

2002

The Creation of the Modern day Entertainment Industry’s “Slave Contract”…Disciplinary Action from the Agency.

According to statements from insiders, SM Entertainment had been ordered to change its policies due to abusing their power to include conditions that were one-sidedly unfair to the artists in their contracts. Examples include H.O.T.’s previous members Moon Heejun and An Seungho.
In addition, SM Entertainment’s main shareholder, Lee Sooman, along with Yedang Entertainment, Giant A&V, and 4 other like companies to form a total of eight, cofounded the Record Label company iKpop. It was revealed that because it had been made so that songs and albums could only be released through this one company, it had dominated 53.9% of the entire music industry at the time. In increasing the surcharge on their company to approximately a million dollars USD, its founders made it so that it was impossible for artists to release music independently.

(Slave contracts, Monopolization)

The Increased Number of Successive Cancellations of JTL Broadcasts—The Power of the Giant Entertainment Agencies?

The three members of H.O.T. Jang Woohyuk, Tony An, Lee Jaewon left their agency, SM Entertainment and released a new album through their new agency, JTL. However, even two weeks following the release, their songs could not be heard on any of the broadcasts. Even the showing of their new music video with JTL that had been scheduled to air on the 6th during the show, “Inkigayo Live” by SBS, suddenly got cancelled. It was stated by SBS that “We will play it too if other stations play it first. Because a new show starring Kangta, Moon Heejun, Jun Jin and other SM artists as the MC’s, will begin to air on the 19th, there is still need for us to be able to cooperate with them. There’s no reason for us to provoke them.”

(SM’s boycott, disruption of activities of artists that have ended their contracts)

2004

“SM’s Contracts: A Modern Day Slave Contract”

On the 5th, the High Court of Seoul rejected SM Entertainment’s appeal against the previous order to revise their contracts, stating that “The enormous penalty for leaving, imposed upon SM Entertainment’s artists is very unfair.”
The Department of Justice added in response to the ruling that “Even though the sum of money needed in training a new artist may be large and though there may be a certain amount of risk in that investment, in general, industries that have a high risk also produce a high level of profits as well. It’s also generally the case that the consequences of the investment are the responsibility of the investor. Though it is the case that the penalty for breaking a sealed contract should be high, it is an excessive abuse of the concept to try to rake in the loss from the investment in a failed artist from a successful one as well.”

(The appeal to reconsider the ruling once they receive the order to revise their slave contract is rejected)

“The Change in MC’s for the Asia Song Festival—Tony An ‘Cannot Stand as the MC With Biases Like That’”

Tony An’s previous agency reveals their position, saying that “It’s obvious that if Tony An stood on stage as the MC, he wouldn’t let artists from the same agency like TVXQ come up as well.” and pressures for the change in MC’s for the event.

(SM’s boycott, disruption of activities of artists that have ended their contracts)

Lee Sooman Sentenced to a Period of Probation for “Withholding Company Funds”

On the 3rd SM Entertainment’s representative Lee Sooman (52) was put under suspicion for using the company’s funds to increase the capital, was sentenced to 2 years and 3 years of probation.

(Withholding company funds)

2006

CF Model Yoo Minho’s Lawsuit Against SM Ent.- Courts Rule To Nullify Entertainers’ Slave Contracts



2007

Oppression in Our Entertainers’ Contracts: Kim Jihoon As SM Ent.’s Slave?



A Talent Agency That’s Unable to Change It’s Habit of Signing Slave Contracts



2009

TVXQ’s Complaints: “A 15 Year Contract Including The Period of Their Mandatory Military Service, and Profits of 0.4% Per Person”

“We are exhausted both physically and mentally from the intensive schedules both planned and initiated one-sidedly by our agency for the last 5 years since we debuted.”

“Except for 1 week in an entire year, we ran schedules that allowed us to get only 3-4 hours of sleep per day.”

“A 13 year contract, in reality, meant a life-long contract. Including the time we would need to complete our military service, this contract would lengthen to over 15 years. This meant that there were still almost 10 years left in our contracts. Realistically, this meant that we would be bound until we retired from the Entertainment Industry.”

“If you read the terms and conditions outlined in the contract regarding profits from album sales, you’ll find that, only under the condition that over 500 000 copies of an album were sold, would the members then, each receive around $8500 USD. But if the minimum number of albums sold were not met, they would not earn a single cent of their own profits.”

“It was only on February 6th, 2009 that this condition was finally revised. However, even after this amendment, the division of profits was still that each member was only able to receive 0.4%-1% of their profits, depending on the sales of the particular release.”

Park Chansong: “TVXQ’s ‘Slave Contract’ With SM Finally Exposed.”

*Because the members of TVXQ were minors (under the age of 19), the longest possible period for a contract of 13 years was decided upon so that, compared to the general length of activity for an entertainer, this would mean that they would be bound for life.
* They established a penalty that was two times more than they would have made even if they had continued with their activities for the full contract period.
* The appropriate documents was not shown to those involved at the time the contract was established
* They stabbed the members in the back with the condition that they would not be paid for their work unless over 500 000 copies of the album were sold, and only $8500 USD each even if this was the case.
* “The agency abused the fact that the members of TVXQ had been minors and in the vulnerable position of a new artist to establish an unfair contract and claim an unjustified portion of the profits.”

The Lawsuit Between Hankyung and SM…The Details of Super Junior’s Contract Exposed

The biggest issue was concerning the division of profits. Only after selling more than 50 000 copies of an album do the members of Super Junior receive 2% of the profits. Because of the current state of the music industry, not only is it not an easy feat to sell more than 50 000 copies of an album to begin with, but depending on the conditions of each of their contracts, the actual sum of the profits going back to each of the members may be a mere fraction of that 2%. Even in the case of their 3rd album, that sold 250 000 copies, the sum allocated to each of the 13 members was not even $3500 USD.
Not only that, but another big problem lies in the fact that 250 000 copies in the current state of the music industry, is the most impressive looking number to have sold. Also, Super Junior’s contract period is also 13 years, like TVXQ. Because in the case of Hankyung, he will only have been free from SM Entertainment at the age of 35, this contract is being evaluated as a slave contract. In addition, in the case that he did chose to end the contract, the penalty would be comparable to the sum of 3 times the total invested into the group by SM and 2 times the total fortune that would have been amassed throughout the full period of the contract.

(slave contract)

Claims of “Forging the Signatures of the 3 Members of TVXQ for the Shenzhen, China Concert”

According to statements released by the representative of the 3 TVXQ members on the 24th, “Korean and Chinese fans brought it to the attention of the authorities that the signatures of the 3 DBSK members on the confirmation documents for the concert in Shenzhen may have been forged. Upon closer investigation, it has been revealed that this was indeed true.”
In addition, he added that “SM has aroused issues as serious as sending someone to forge the signatures despite the fact that the 3 TVXQ members never agreed to participate the in Shenzhen concert.”

(Forgery of legal documents)

2010

SM Entertainment Representative Kim Yongmin Reported To the Police

On the 9th, Mr.W reported SM Entertainment, the talent agency associated with the popular Idol Group TVXQ to the Police Department in the Gangnam District of Seoul for defamation and disruptions to his business. It was revealed that he turned Kim Yongmin (40) the representative for SM Entertainment over to the Police with no hesitation, to be prosecuted.
The Police suspected that “The motivation behind the lawsuit involving the 3 members of TVXQ was simply their wish to terminate such a lengthy contract, and likely had nothing to do with the cosmetic company.” The Court of Justice partially granted the request of the 3 members of TVXQ to be freed from their contracts with SM Entertainment, last October.

(Disruption and defamation to a business)
_______________________________________________________________
I have gathered only the information that I could find in published articles.
In reality, everything mentioned above is only what has been revealed to be public. But it’s undeniable that there are probably many more wrong doings by SM that are still hidden in the dark.

It’s obvious that our Oppas probably suffered through a lot more than just the slave contracts than the articles will ever tell us.

The courts have already accepted our Oppas’ appeal for the revision of the division of profits. It's just that I’m worried about what kind of underhanded tactics SM will use against them in the process.

By: Popples Day

Source: Various Sources:Ohmynews, Osen News, Hani News, Newsen, fnnews (Note: This is not an exhaustive list)
Translation: happy.colour@OneTVXQ.com
Credits: OneTVXQ.com { One World. One Red Ocean. One TVXQ! }

Feel free to repost, but please leave the full credits intact. Thanks!

[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
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[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
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[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
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[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

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[TRANS] 100510 Despite Court Judge’s Advice, Settlement for TVXQ is Still Difficult

TVXQ’s Xiah Junsu, Youngwoong Jaejoong, Micky Yoochun, and SM Entertainment have disregarded the court judge’s strong advice for a settlement, and have once again maintained their stand that it is impossible to come to a compromise. No amount of persuasion from the Court of Arbitration will change the possibility of a split-up amongst TVXQ.

In reference to the Seoul Central District Court’s decision on the 7th of May to proceed with the sequestration of the existence of the exclusive contract, Judge Choi Sung Joon, who was presiding over the first public trial, strongly advised the legal representative of the TVXQ trio, saying that “[O]nce the contract is changed, the five members can be active again.” Judge Choi then went on to advise the legal representative of SM to “[hopefully] develop a new form of contract that will include a more significant cut-down on the number of years amongst other adjustments.”

Sejong, the legal representative of the TVXQ trio, who had previously stated that “the three members will never be able to work with SM again,” also took a step back, stating “if the new exclusive contract is sincere, we will confirm the opinions of the three members.” SM’s side then expressed that they will “hold an internal discussion [regarding the possibility of a new form of contract].”

Unfortunately, both sides have come to a conclusion that a settlement is not possible. A close friend of the TVXQ trio said that “while the three members want for all five members to carry out activities together, working with SM is definitely not possible.” SM’s side also expressed that “while adjustments to the terms of the contracts can be made, all five members must still be managed under SM.”

Meanwhile, the litigation regarding the request of damages put forward by both SM Entertainment and the TVXQ trio will be determined in the later proceedings.

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!

[FAN] 100507 Account Of The Hearing

T/N: This is NOT me. I found this on Yuaerubi (in a section only open to upgraded members) and thought that you all should read it. Recently, my rights as a translator were questioned for deciding not the translate something so here I am leveling out the playing field. You know as much about this as kCassies do now. Things have been bolded for your convenience. DO NOT SHOOT THE MESSENGER. kthnxbai


Today was the hearing between sm and the three members...
First of all, my personal thoughts have been put into this so please take that into consideration as you read it. I should have written stuff down while I was there T_T...
I don't remember everything... but I will write everything I remember here.
When I went, there were a couple of reporters and... President Kim Young Min as well as some woman, and that woman kept sighing... like someone who was innocent and being unfairly treated... throughout the whole trial, especially when the three members' lawyer was talking...
(I know now that, that woman is the President of SM Japan)

I'll talk about what is being talked about between our stars (Cassiopeia) first. You have to know this.
I see a lot of our stars saying that the three members should agree to the conditions laid out today, but remember that SM was not the ones to put forth those conditions!!!

If you look through the articles about the conditions...
The idea came from the judge near the end of the hearing,
The judge gave SM's representative a very extreme example and asked him if SM would be willing to change the three members' contract if the terms of contract were a year long and if the contract was entirely different from the current one.
SM's representative told the judge to ask that to Kim Young Min,
Kim Young Min stood up (to me, he looked kind of hesitant) and said, "We would be willing to come to a settlement."
It felt like he was saying that they would be willing to consider but not that they would agree on a settlement for sure.
To this, the judge asked the three members' side the same question, and the lawyer talked as if he had no inclination to come to a settlement.
It did seem as though he was watching what he said as the three members weren't there, but he said that the three members didn't really want to come to a settlement..
So the judge asked if a settlement was impossible and the three members' lawyer said something about personal trust and that the relationship between the three members and SM had become too tight.

And overall... this was a bit.. iffy.. but personally, I thought SM's lawyer spoke very well. I almost felt as though I was being persuaded?
What he said sounded so credible... but he was a bit arrogant? He sat crooked in his chair, and I felt that the way he spoke was a little arrogant too.
Compared to him, the three members' lawyer was... so lacking that I wanted to speak instead of him.
The judge was kind of throwing questions at them in a kind of attacking way and was able to pick out all the flaws in the arguments.

And he said that two out of the three members had credit lines (*please see below) and asked SM how they were going to explain that.
+)The judge said to SM's side, "You said that two of the three members have credit lines, right?" SM tried to say, "No, one..." but the three members' lawyer cut in and said, "It's two."

And Crebeau wasn't brought up that much.

SM's side stated that SM balances accounts biannually. The three members' side stated that this all happened partially due to the fact that the members' wages for the first half of 2009 weren't right, so SM had told them to come check for themselves.
The information for concerts and activities aren't sorted into TVXQ, Super Junior, SNSD, etc, but it comes all together in the groups of 200X, month X, day X so SM said all the information they had could store a container truck.
They said that was why they did not submit the documents to the Courts, and they told the three members to come check for themselves, but a representative of the three members came instead. So the judge asked SM why the three members had to come, and why the representative simply couldn't have been given the files to give to the three members. SM's representative stated that the members themselves would know best of what they performed in so they should personally come...
Anyway, they still haven't been able to properly check this as there wasn't an answer.
(Sorry... I don't remember a lot of this part...)

Also, the three members' lawyer said that he received a copy of the accounts but the specifics of what came from where were not written on them.
For example, it said that TVXQ earned 3.4 billion Won from their first Asia tour concerts that had a total of 14 performances but in their second Asia tour, that had a similar number of audience members and a couple of extra performances, they earned 1.5 billion Won less (I don't remember if he said that it was 1.5 billion Won less, or that it was only 1.5 billion total).

Therefore, he said that he couldn't trust SM,
and for the Japanese activities, TVXQ earned over 99 billion Won but no money ever gets to them, and that their Japanese earning are split between AVEX and SM Japan, and then to SM and then to the members.

He was questioning where all that money went... (sorry;; my memory is....) and the judge asked him what his point was, and also asked if his point was that he can't trust in AVEX, and if the members can't trust in AVEX, why they renewed their contract with the agency.
The lawyer said that it wasn't that the three members didn't trust AVEX, it was that they couldn't trust what came after AVEX... something like that.

In conclusion, the judge said that neither side seemed to want to back down from their stance and that it would be hard to reach a settlement.
+)But the three members' side did say they would talk to the three members about it again.

If I could say one more thing, I think SM has a lot of evidence prepared for this lawsuit. Every time the representative opened his mouth, he would say that he would submit it all later........

When people were leaving after the hearing... I went out when Kim Young Min was leaving.... and I almost swore.... he was smiling as he was walking out and he had such a... confident expression on his face.... I personally thought the judge was leaning towards SM's side.. (that's a personal thought)
Anyway, the lawyer was very convincing... I would get so angry, I wanted to get up and speak for the three members instead.. they would say ridiculous things..... as I said, I'll add more when I remember it.

+++)
(Sorry for the continuous adding of new things... I keep remembering things..)
Near the end, when they were talking about a settlement, the judge asked for the three members to say something about it themselves,
but the three members' lawyer said that it hadn't been long since the three members were no longer minors and they might not be able to speak well in such a situation.
The SM lawyer sneered and said, "They aren't kids anymore, are they?".... His voice was dripping with mockery.. (from a personal standpoint)
Honestly, the three have never been to such an environment so it is true that they might not be able to speak well,
I think that was why the lawyer said such things.... um....

++)
And what the three members' side was emphasizing was performing activities as five.
That the three members really wanted to perform as five..

+)
They were told to submit all documents by late-May... that will probably be when the verdict is made..?
And what I've written here contain no lies, they're all things I saw and heard.
I hope that our stars believe in them and wait for them till the end.


T/N: Line of Credit - A line of credit is any credit source extended to a business by a bank or financial institution. A line of credit may take several forms such as cash credit, overdraft, demand loan, export packing credit, term loan, discounting or purchase of commercial bills etc. It is like an account that can readily be tapped into if the need arises or not touched at all and saved for emergencies. Interest is only paid on the money actually taken out. The concept has been introduced recently after the East Asian Crisis. The government can borrow money from international monetary institutions without having to handle the problem of an increasing foreign exchange reserves.

Lines of credit are often extended by banks and financial institutions to credit worthy customers to overcome liquidity problems (source: Wikipedia)

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