Category Archives: Litigation

[Trans] 130724 JYJ’s Official Statement, “We Are Grateful For The FTC’s Verdict, It Gives Us Strength In This Endless Battle”

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JYJ have spoken up regarding the recent decision made by the FTC.

On the 24th of July, the Fair Trade Commission (hereafter known as the FTC) has ordered SM Entertainment and the Korean Federation of Pop Culture and Arts Industries (hereafter known as the KFPCAI), a coalition of 12 pop culture related organizations, to rectify their actions of interfering with JYJ’s broadcasted appearances and activities as singers.

Regarding this, C-JeS Entertainment’s CEO Baek Chang Joo stated, “We would like to thank the FTC for conducting such a transparent investigation for the past three years to eradicate unlawful actions in the industry, collecting evidence of SM Entertainment and principal agents in the culture industry, such as the KFPCAI, unilaterally and systematically interfering with JYJ’s broadcasted appearances.”

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CEO Baek Chang Joo welcomed the FTC’s verdict as he stated, “The investigation gave irrefutable evidence that SM Entertainment had violated the Monopoly Regulation and Fair Trade Act by abusing their monopolistic and superior leverage in the entertainment industry to disadvantage those who have different opinions multiple times. We believe that the FTC’s recent order to rectify such actions will shed light on the tyranny of super powers in the industry who go against the innovative economy policies of the current government.”

He also stated, “The development of our nation’s entertainment industry, signified by the Hallyu Wave, will only take place if the creativity and diversity of every participant is respected and guaranteed. This means that we must no longer be swept up in the despotism of the few super powers in the industry. If the Hallyu waves develops henceforth on the basis of a lawful mould, starting with today’s ‘rectification order’, we believe that this will be an opportunity to leap forth into the world again.”

CEO Baek Chang Joo added, “Although JYJ’s legal dispute with their former agency was concluded in April, JYJ still suffered from unlawful external pressure. Including the unilateral notification they received from their album distribution company recently, it is an undeniable fact that JYJ have unlawfully been restricted from appearing on music programs, even when they release albums. This is an embarrassing truth in our society today. But if policies and institutions continue to be the foundation of change, as they were today, we believe that JYJ will be able to perform on a fair stage in the future.”

JYJ stated, “We would like to thank the FTC for their decision. Though it feels as though we have been locked in a hard battle since 2009 and are walking in an endless desert, today’s verdict gave us strength to keep going as it showed that the situation is slowly changing for the better. We hope that the FTC’s verdict will allow us to freely pursue activities in the entertainment industry and stand on a fair stage in front of the public. We also hope that such roads are also opened for our juniors as well.”

They continued to add, “Although a long and dark tunnel still lies ahead of us, we saw a strand of light in the far distance flash by our eyes. We will continue to walk towards that light, and we will always do our best to repay everyone with great performances and activities.”

Meanwhile, the FTC charged SM and the KFPCAI for interfering with JYJ’s activities in the entertainment industry when the group released their first album in October, 2010 after filing for independence from SM due to issues regarding an unlawful contract.

Regarding the FTC’s verdict, SM Entertainment stated, “It is unfortunate that such a verdict was made, although there was no evidence to prove that such interference had taken place. SM is currently reviewing the option of pursuing legal action against this latest decision.”

Source: [newsen]
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[Trans] 130724 The Fair Trade Commission Orders SM Entertainment And Others To “Not Interfere With JYJ’s Activities”

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The Fair Trade Commission has laid down the verdict that SM Entertainment and others should not interfere with JYJ’s activities in the entertainment industry.

On the 24th of July, the Fair Trade Commission (hereafter known as the FTC) has given former agency SM Entertainment and the Korean Federation of Pop Culture and Art Industries (hereafter known as the KFPCAI) an order of prohibition for interfering with JYJ’s broadcasted appearances and activities as singers. JYJ is a group created by Kim Jaejoong, Park Yoochun and Kim Junsu, who were initially part of the 5-member idol group TVXQ and left the group in 2009 due to problems surrounding unlawful clauses in their exclusive contract.

The FTC stated, “JYJ released their first album in October of 2010 and tried to resume their activities as singers, but SM and the KFPCAI interfered with their activities in the entertainment industry by releasing an official notice that asked those in the industry to refrain from inviting or allowing JYJ to appear on televised programs, and from distributing their albums and online music files. The official notice was released through the KFPCAI and sent to 26 licensees in the industry, including the 3 major broadcasting companies, 6 K-pop and entertainment news related cable companies, and many album and online music file distribution companies.”

 

They continued to explain, “Considering the leverage that SM Entertainment has as one of the three biggest entertainment agencies in Korea, as well as the specific nature of the KFPCAI as an organization in the entertainment industry, the official notice that was released placed a considerable amount of pressure on the recipients,” and “Though JYJ have album sales of over 90,000 copies, they have had their activities as singers restricted in Korea, in ways such as not being able to appear on music programs or variety shows.”

To this, the FTC gave an order to prohibit SM Entertainment and the KFPCAI from pursuing any actions that interfere with JYJ’s activities. They have also ordered the KFPCAI to notify the 12 business associations in the organization, as well as the 26 licensees who received the official notice, of the corrective measures that have taken place.

The FTC also stated, “This incident is significant as it has prohibited a large-scale entertainment agency from using its influence and working with a business organization to prohibit the activities of celebrities currently locked in a legal dispute with the agency,” and “We hope that this verdict will shed light on similar unlawful actions that may be taking place in the industry.”

Source: [segye]
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[TRANS] 130709 [C-JeS] A Letter Of Plea Regarding Loen Entertainment’s Unlawful Tyranny

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 [Trans] 130709 [C-Jes] A letter of Plea Regarding Loen Entertainment’s Unlawful Tyranny

Hello.

 

This is C-JeS Entertainment.

 

C-JeS Entertainment (henceforth known as C-JeS) has received a sudden and unilateral notification from Loen Entertainment (henceforth known as Loen), the online and offline distributor of XIA (Junsu)’s second solo album that is scheduled to be released on the 15th of July. We would like to notify the fans and the public of the current unlawful situation.

 

C-JeS and Loen came to a verbal decision on the online and offline distribution contract for XIA (Junsu)’s second album, and came to an agreement to work together.

 

Afterwards, the representatives in charge met over five times and exchanged over 50 e-mails to work on the distribution of XIA (Junsu)’s second album. Ahead of the album’s release on the 15th, C-JeS rand Loen came to a final decision last week on the following promotional marketing strategies. (1. Showcase for Melon users, and the broadcast of the even live on MelonTV 2. Participation in a Melon Special Video 3. Promotional marketing strategies for the distribution of music to 5 online music sites)

However, we were sent a unilateral notification by Loen last night that overturned all of the previous agreements that had been made. Loen stated, “Though we will be distributing XIA (Junsu)’s music both online and offline. We have decided to nullify all other promotional marketing strategies.” Loen continued to state, “Please be understanding of this as it is a decision made within the company. Although the Melon users’ showcase will be aired live on LoenTV, it will be impossible to disclose the event on Melon.”

However, the idea of the showcase was first brought up by Loen. Through offline meetings and exchanged e-mails in June, Loen stated, “If C-JeS Entertainment holds a showcase with Loen, this will bring in more publicity for the album as it will be advertised on Melon and Melon’s mobile application,” and presented the offer of holding a showcase event. We accepted their explanation and came to the final decision to hold the showcase event with Loen, instead of a major portal site. Before sending an official announcement regarding the showcase to the press on the 3rd of July, we shared the content of the announcement with Loen and at the time, Loen stated, “We would like for information about LoenTV and MelonTV to be included.” We accepted this and implemented their suggestion before releasing the information. However, notifying us that it is impossible to disclose of the event on Melon, and that the event will be aired on Loen TV due to decisions made by those within the company, six days before the actual event itself, is in our opinion, tyranny by a super power.

Also, Loen’s statement that they will nullify all promotional marketing strategies while distributing the album online and offline, which comes a mere six days before the release date, is like saying that they will gain the profits from XIA (Junsu)’s fans but will not take on the responsibilities of the distributor of XIA (Junsu)’s second solo album.

For the past two months, Loen has had hands-on staff working on the distribution of XIA (Junsu)’s second album, and in the case of ’11 o’clock’ from XIA (Junsu)’s second album, they created a special clip and pre-released the track, also providing distribution services on iTunes. Although these actions were not laid out in a contract, they were agreed upon in an ‘actions first, contract later’ form, which can be proved through the countless e-mails, text messages and phone conversations between the two parties.

However, after the pre-release on the 2nd, the promotional banner for the showcase that was agreed upon through various e-mails and meetings has disappeared from the main page of both the PC and mobile version of Melon from the 4th of July. Although the teaser of XIA (Junsu)’s music video was released yesterday (8th), no banners or any other forms of promotion have been seen for it. Banners for other artistes working with Loen who released songs in a similar time period as XIA (Junsu) can be seen on Melon’s website and mobile application, but only XIA (Junsu)’s contents have disappeared from all main Melon pages since the 4th.

After receiving the notification from Loen last night, C-JeS’ album production team sent Loen an official document expressing their strong opposition to Loen’s actions, outlining that Loen’s plans of distributing the album without promoting or marketing is like killing the contents of the album, and that sending a notification 6 days before the release date of the album is an act of tyranny that stops us from creating a contract with better conditions. However, Loen’s answer has not changed since their initial notification.

What we can say for sure is that we have been suffering from the unseen and relentless external pressure placed upon JYJ till now, and we will not work with a super power who acts in a tyrannical nature. We will be filing a civil complaint to the Fair Trade Commission and the Ombudsman of Korea in order to bring justice to the current situation of Loen attempting to unilaterally terminate the agreements between two companies by abusing their advantaged position as a distribution company.

Also, if Loen does not reaffirm their promise to air the showcase live on MelonTV by today, we will terminate our decision with Loen to open the showcase to Melon users, and instead open seats up to a first-come-first-serve basis and air the event live through C-JeS’ official YouTube channel. We would like to apologize to the fans for such unfortunate news, and we promise to do our best to make the work behind the showcase and music distribution as smooth as possible.

Source: [C-JeS Official Homepage]

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[Info] 130328 “Yawang” Production Company Sues Japanese Netizen for Copyright Infringement

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[Info] 130328 “Yawang” Production Company Sues Japanese Netizen for Copyright Infringement

Uh oh! It looks like the production company behind SBS drama “Yawang” has recently sued a Japanese Netizen because of charges of copyright infringement. According to the CEO of the production company on March 27, “One Netizen that lives in Japan has created teaching material for Korean by using the script of ‘Yawang.’ We have found evidence that it is currently being sold on the internet and we have submitted our lawsuit to the Seoul Gangnam police department.”

According to the production company, this Japanese Netizen recorded all of the dialogue. This was made into Korean subtitles that were then used as teaching material for Korean.
A representative of the legal team for the production company stated, “Currently we have the defendant’s IP address and proof of business transactions on the website. We have now submitted our lawsuit. The police department will work with Interpol and investigate about the defendant.”

The production company also added, “We have decided to ask for the investigation to represent the interests of all the production companies that create Hallyu content.”

“Yawang” will have its last episode on April 2. It will begin broadcasting on Japanese KNTV in May.

credit: soompi

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[Trans] 130124 JYJ’s Kim Jaejoong, “There Exists An Unjust World That People Can’t See”

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[Trans] 130124 JYJ’s Kim Jaejoong, “There Exists An Unjust World That People Can’t See”

– His lawsuit comes to an end in 3 years… His first solo album in 10 years

JYJ’s Kim Jaejoong (27), who we met at the Seoul Plaza Hotel on the 21st, seemed to be cautious of his words. When we asked him how he felt about his recently ended lawsuit, he seemed to shake a bit before he spoke up. He said, “I’m really happy,” and “You probably don’t know how big my smile was when I heard the news.”

The lawsuit of JYJ (Kim Jaejoong, Park Yoochun, Kim Junsu), who broke away from TVXQ in 2009, against SM Entertainment ended in November last year with a settlement. The group also won their exclusive contract invalidity and indemnification for damages lawsuit against Japan’s biggest music agency AVEX on the 18th. AVEX signed a contract with JYJ in February, 2010 to help them with their Japanese activities, but then announced that they would be halting all of their activities in September. The Tokyo District Courts gave the verdict, “Avex can no longer claim that they are the sole management agency of JYJ.” AVEX must pay 7.8 billion Won (660 million Yen) to JYJ for the indemnification for damages charges.

 

“In our point of view, this was something we knew would happen, but we were frustrated because it was taking so long to resolve. The three of us told each other ‘It’s been rough, but we got through it.’”

But there’s a disappointing note to all of this. Kim Jaejoong said, “Unjust things. They’re not limited to the laws and contracts,” and “There’s an unjust order that people can’t see, there exists a world where such ridiculous things are accepted.”

As soon as their lawsuit began, it became more difficult for JYJ to appear on TV. He stated, “Whenever PDs or screenwriters say, ‘Why don’t you appear on TV?’ I say to them, ‘Muster the courage to be the first to call us in.’”

The situation isn’t that different in Japan. When they borrowed a concert venue, they would be blocked in various ways. He said, “Most of all, I really want to hold a concert in Japan as soon as possible.”

Though JYJ have been faced with so many obstacles, they have collected a string of achievements. Kim Junsu and Park Yoochun have been shining in the musical and drama industries respectively. Kim Jaejoong, who took on the role of the stage director for JYJ’s world tour, released his solo album on the 17th and has stepped up on his individual activities. He has always filled JYJ’s albums with emotional compositions, and he has now put his all into his own solo album.

The theme of the album is ‘rock’. Of the five tracks in the album, ‘MINE’ and ‘One Kiss’ were created through a collaboration with rocker Kim Bada, who took on the melody while Kim Jaejoong took on the lyrics. Kim Bada also helped direct the vocals and chorus of the songs.

Kim Jaejoong said, “I know that it’s dangerous for a singer with roots in an idol group to sing rock songs. Kim Bada was also concerned about this,” and “Regardless of this, I really wanted to work with great rock musicians, and I wanted to create an intense, rock-inspired performance.”

He has always introduced a rock element to JYJ’s world tours, creating songs with rebellious messages. Regarding his title song ‘MINE’, he explained, “It’s a story about my small domain, and it’s a song that warns others not to take even that freedom away from me.” He added, “I was worried that underground artistes would reject my work and say, ‘A kid who doesn’t know the first thing about rock is singing rock’. But there were a lot of people who gave me good reviews,” and “I think it’s because I mixed K-pop with rock, instead of fully going the traditional rock route, or because of Kim Bada.” The other two songs ‘Comfort for Myself’ and ‘All Alone’, sincere and sophisticated songs, were composed by Kim Jaejoong.

Kim Jaejoong made his debut as a member of TVXQ in 2004 and it has been 10 years since his debut. He said, “I couldn’t fall asleep yesterday (20th) so I listened to all the songs I’ve sung till now, and I found that there are 120~130 songs,” and “I looked back on the past 10 years by listening to all the songs, and I found that the good memories came to mind before the bad ones.” He also smiled and said, “This is my first solo album since I made my debut 10 years ago, and it makes me happy to feel like I’ve become a rookie all over again.” Kim Jaejoong will be focusing on his individual activities in the first half of the year and will resume group activities with the rest of JYJ in the second half of the year.

Source: [kyunghyang]
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[TRANS] 130121 JYJ Look Back On The Last 1000 Days Through A Magazine, “We Didn’t Give Up. We’re Happy”

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[TRANS] 130121 JYJ Look Back On The Last 1000 Days Through A Magazine, “We Didn’t Give Up. We’re Happy”

A magazine that details the last 1000 days of JYJ will be released in Korea and Japan at the same time.

On the 21st of January, C-JeS Entertainment stated, “The first edition of ‘The JYJ’, the interview magazine that commemorates the 1000th day since JYJ was created, will be released simultaneously in Korea and Japan. It contains records of their worldwide English album, their world tours, and their individual activities in musicals and dramas in chronological order.”

The magazine is set to be more meaningful as JYJ have concluded all legal battles that they had previously been engaged in as they came to an agreement with their former agency SM Entertainment last November and recently won their lawsuit against their Japanese agency AVEX.

A representative of C-JeS stated, “JYJ fought a long legal battle for three years against their unlawful contract. Not only have they won their freedom, but they have also provided their juniors with a better environment to pursue their activities in,” and “But because of unseen external forces, JYJ’s activities have been restricted and JYJ talked about their feelings about this in their interviews as they took the effort to find new challenges to take on instead of giving up or backing down.”

C-JeS’ CEO Baek Chang Joo stated, “For a long time, we have worked hard to walk down our own path, and we have changed obstacles into opportunities to widen the spectrums for each member, making them leaders of other K-POP stars as they have successfully completed two world tours and made their mark in the drama and musical industries,” and “We wanted to make a book that will be dedicated to the fans who have shown their love and support for the members, no matter how hard things got.”

The magazine ‘The JYJ’ was created through a total of 25 hours of interviews with the members, and will be a total of 139 pages with a special DVD. During their interviews, the members were said to have teared up as they talked about 2009, and all the people who gave them strength during those troubled times.

JYJ stated, “Though there have been hard times in the past 1000 days, we can say that we were truly happy. We worked harder than ever and though there were unexpected obstacles in our way, we were able to grow that much and learn. We wanted to share the story of the past 1000 days that were happy, from the moment we woke up till the moment we fell asleep.”

JYJ’s interview magazine ‘The JYJ – First edition, recording 1000 days’ will be released in Korea and Japan in early February and can be bought at the C-JeS store.

Source: [wstarnews]

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[TRANS] 130118 Avex Press Release – Regarding The Lawsuit About The Activities Etc. Of JUNSU/JEJUNG/YUCHUN

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[TRANS] 130118 Avex Press Release – Regarding The Lawsuit About The Activities Etc. Of JUNSU/JEJUNG/YUCHUN

Today, the Tokyo District Courts have released their ruling on the 4 counts of lawsuits against the artists JUNSU/JEJUNG/YUCHUN, who are exclusive to our company’s wholly owned subsidiary Avex Management Group (AMG) and C-JeS ENTERTAINMENT CO.LTD, as stated below :

1) Tokyo District Courts 2011 No. 17612 Injunction against defamatory actions
2) Tokyo District Courts 2011 No. 20390 Request for compensation against damages
3) Tokyo District Courts 2011 No. 25447 Request for compensation against damages
4) Tokyo District Courts 2011 No. 8301 Request for compensation against damages

As AMG does not agree with the ruling of the court, we have appealed against the rulings to the Tokyo High Courts, and this is what we would like to report.

Source : [Avex Group]

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[TRANS] 130118 JYJ “Win Their Lawsuit Against AVEX” – Guaranteed Freedom In Their Japanese Activities

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[TRANS] 130118 JYJ “Win Their Lawsuit Against AVEX” – Guaranteed Freedom In Their Japanese Activities

 

It has been found that JYJ have won their exclusive contract invalidity lawsuit against Japan’s biggest music management agency ‘AVEX’.

A representative of JYJ’s management agency C-JeS Entertainment stated, “At around 2pm, our Japanese legal representative gave us a short call to inform to us that we won the lawsuit,” and “They have stated that they will send us the detailed verdict and content of the lawsuit, so we will wait for that.”

JYJ’s fans are already busy sending their congratulations online. The rumor of, “The Courts made the verdict that Avex must pay JYJ 600 million Yen and can no longer block any future JYJ activities,” is spreading fast amongst fans. Regarding this, C-JeS stated, “We can’t confirm anything until we receive the full verdict.”

JYJ, who had also been locked in a legal battle with SM, signed an exclusive management contract with AVEX in February, 2010 for their Japanese activities. However, AVEX changed their attitudes completely in September, 2010 and conflict emerged between the two sides. AVEX suddenly began taking up an issue with the controversies surrounding JYJ’s representatives and announced that they would stop all activities. In October, they joined hands with SM Entertainment’s singers such as TVXQ and Super Junior and began supporting their activities.

JYJ and AVEX’s legal battle began in the early months of 2011. JYJ planned their own Japanese concert in Saitama, Japan as AVEX was no longer following through with their exclusive contract, but AVEX blocked the concert in a variety of ways.

In April, JYJ filed an activity hindrance prohibition injunction, as well as an exclusive contract invalidity lawsuit, and have been waiting for a verdict.

Source: [sports khan]

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[Info] 130118 JYJ Wins Lawsuit Against Japanese Management Avex

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[Info] 130118 JYJ Wins Lawsuit Against Japanese Management Avex

Following their settlement with SM Entertainment last year, JYJ seems to have rid themselves of another lawsuit by claiming victory against their former Japanese management, Avex.

C-JeS Entertainment confirmed the news by commenting, “During the trial in Japan on the 18th, it was ruled that Avex cannot interfere with the Japanese promotional activities of JYJ.”

They added, “Once the exact decision documents arrive, we will send out a press release.”

The group has been battling Avex since 2011 on the basis of interfering with the group’s attempt to put on a charity concert for the Tohoku earthquake.

With this ruling, it seems that JYJ may be able to start promoting in Japan again.

Tip: little-star
credit: allkpop

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[TRANS] 121128 Will The Doors Of Broadcasting Companies Open For JYJ? “Discussions Are Needed”

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[TRANS] 121128 Will The Doors Of Broadcasting Companies Open For JYJ? “Discussions Are Needed”

Will the doors of broadcasting companies open for JYJ, who have been locked in a legal battle with their former agency SM Entertainment?

Following the announcement on the 28th that SM Entertainment and JYJ reached an agreement after three years locked in a legal battle, many are curious to see if this will lead to an appearance in broadcasted TV shows by JYJ.

According to legal circles, SM and the three members of JYJ reached an agreement that all contracts signed by the two parties had effectively ended on the 31st of July, 2009. All relevant lawsuits were to be dropped, and neither party would interfere with the opposite party’s future activities.

With the end of the lawsuit, new possibilities have opened up for the three members of JYJ in the entertainment industry. When JYJ began their individual activities, they weren’t able to appear on TV shows run by the three main broadcasting companies due to their lawsuit with SM. Though Park Yoochun and Kim Jaejoong have been making appearances on TV through dramas, they have not been able to appear on music programs or awards shows since releasing their albums.

For example, in May of 2011, KBS explained the reason why JYJ were not to appear on variety shows such as ‘Music Bank’ when they stated, “JYJ’s lawsuit has not ended with their former agency. It is normal for us to wait and refrain from casting celebrities who are locked in legal battles, as their appearance on TV shows may influence the results of their lawsuits.”

Now that an agreement has ended the lawsuit, the spotlight has shifted to the three main broadcasting companies. Many are curious to see if the end of the lawsuit that has freed JYJ from restrictions will give them the chance to appear on music programs or variety shows.

Regarding this, Jeon Jin Guk, the director of KBS’ variety sector, stated in a phone conversation with OSEN that, “We heard the news through an article. I believe the details of our stance on the issue will be solidified through further discussion,” and “I don’t believe there will be any reason for us to refrain from allowing JYJ to appear on KBS TV shows if their lawsuit has come to a complete end, as that was the reason for our actions.”

MBC’s Won Mak Sik stated, “Though the lawsuit between the two parties has ended, we believe it is a problem that requires time to observe the situation.” Another representative of MBC’s variety sector explained, “We have not yet discussed the possibilities of JYJ appearing on music programs and variety shows,” and “This is an issue that must be considered by the entire variety sector.”

PD Park Seung Min of SBS’ ‘Inkigayo’ gave a short statement of, “This is an issue for the entire variety sector to discuss. I can’t say much because there hasn’t been any discussion as of now.”

Source: [osen]

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[Trans] 121130 JYJ’s Kim Junsu Says, “This Was A Battle Against SM, Not TVXQ”

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[Trans] 121130 JYJ’s Kim Junsu Says, “This Was A Battle Against SM, Not TVXQ”

JYJ’s Kim Junsu recently opened up about his group’s exclusive contract nullification lawsuit.

Kim Junsu met with reporters on the 29th at a hotel in Essen, Germany and when asked about the possibilities of TVXQ getting back together now that JYJ’s lawsuit with their former agency SM Entertainment has ended after three years and four months, he stated, “I lament the fact that I’m not able to introduce myself as a member of TVXQ.” Though it wasn’t a direct answer, it seems as though even he sees the chances of TVXQ getting back together again to be low.

Kim Junsu stated, “I, too, find this situation to be unfortunate because I entered the entertainment industry and started out as a singer through TVXQ,” and “Though the situation is unfortunate and regrettable, the title of ‘TVXQ’ will always remain in my heart and I believe that other people, and not only myself, will remember and never forget the five years that I performed as a member of TVXQ.”

He continued to add, “Nothing will ever be as memorable and fill me with joy than if I could stand on stage again as ‘TVXQ’ one day.”

 

Kim Junsu didn’t hide his affection for TVXQ as he said, “We were fighting a battle against our company (SM Entertainment) and their unlawful practices; it wasn’t that we wanted to throw away our title of ‘TVXQ’ or leave ‘TVXQ’.”

He feels the same way about the name that introduced him to the world, ‘Xiah’. Kim Junsu stated, “When I perform in musicals, I use my real name of Kim Junsu. Regardless of what name I use, I give people my all to repay them for remembering me and coming to see me. But I started out as ‘Xiah’ and I would like to keep performing under that name as a singer.”

Though Kim Junsu made his debut and became famous as TVXQ’s Xiah Junsu, he has no longer been able to use that stage name since beginning his lawsuit against SM Entertainment.

When he released his first solo album in May, he released it under the name ‘XIA’ which was his name ‘XIAH’ from his TVXQ days without an ‘H’.

Source: [star mk]
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[TRANS] 121128 JYJ-SM Come To An Agreement: SM “It Was For The Best”, JYJ “A Battle That Had Already Been Won”

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[TRANS] 121128 JYJ-SM Come To An Agreement: SM “It Was For The Best”, JYJ “A Battle That Had Already Been Won”

 

The legal dispute between SM Entertainment and JYJ (Kim Junsu, Kim Jaejoong, Park Yoochun) has finally come to an end through an agreement after three years and four months.

According to judicial circles, SM Entertainment and the three members of JYJ came to an agreement on the 28th to settle the termination date of any and all contracts between the two parties as the 31st of July, 2009, the date that JYJ filed their injunction of nullification. Also, it has been found that they have decided to drop all related lawsuits and have signed an agreement stating that they will not interfere with any activities that the other party pursues.

SM Entertainment said, “The trio stated that they have no intention of performing as members of the group ‘TVXQ’, so SM has come to the decision that we no longer have a reason to be in charge of management for the trio. We have come to a mutual agreement to not interfere with the other party’s activities as our paths will not cross in the future, and the lawsuit has come to an end through this agreement. Also, we have come to the decision that the best course of action was to end this lawsuit to ensure that there will be no more additional damages or unnecessary issues that arise because of the lawsuit that may harm U-Know Yunho and Choikang Changmin, who are currently active as ‘TVXQ’.”

CEO Baek Chang Joo of C-JeS Entertainment stated, “We believed that this was a battle that had already been won three years ago when the courts accepted our injunction. To be honest, we don’t believe that there will be much change to JYJ’s activities after the verdict because the interference of JYJ’s activities isn’t a legal issue, but a battle between David and Goliath.” He also added, “We are currently walking down a path that only JYJ could take, and we will continue to pursue our own activities, as planned,” and “We hope that the success of this agreement will rectify the various limitations placed upon JYJ that used the lawsuit as an excuse, and we would like to once more sincerely thank the domestic and international fans who have given JYJ their unwavering support from the start.”

Source: [Nate News]
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[NEWS] 121123 Asia Bridge Contents Loses Lawsuit Against C-JeS Entertainment

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[NEWS] 121123 Asia Bridge Contents Loses Lawsuit Against C-JeS Entertainment

Last year, Asia Bridge Contents filed a lawsuit against JYJ‘s agency C-JeS Entertainment demanding a refund of 1 billion won ($921,192) in production costs. However, on November 23rd, the Seoul Central District Court ruled in favor of C-JeS Entertainment.

The company had signed an album production contract with a composer identified as ‘K‘ and paid the sum as an advance in April of 2010. ‘K’ had been under contract for the production of JYJ’s ‘The Beginning‘ album.

Last year, however, the company filed a lawsuit against C-JeS Entertainment demanding their refund of the advance.

The court has finally made their decision today and found that C-JeS Entertainment was not liable, reasoning, “This is a matter between Asia Bridge Contents and ‘K’, and does not involve C-JeS Entertainment in any way. C-JeS Entertainment is not obligated to refund the sum being demanded of them.”

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[TRANS] 120918 SM vs JYJ, Negotiations Break Down Once More… Will The Lawsuit Be Extended Yet Again?

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[TRANS] 120918 SM vs JYJ, Negotiations Break Down Once More… Will The Lawsuit Be Extended Yet Again?

SM Entertainment and JYJ (Kim Jaejoong, Kim Junsu, Park Yoochun) have once again failed to reach an agreement as they battle over TVXQ’s exclusive contract.

An arbitration session for JYJ’s exclusive contract lawsuit was held at the Seoul District Courts at 5pm on the 18th of September in room 579. This session had been scheduled by the judge’s orders though the final verdict had been scheduled to be made on the 13th.

So that the two sides could end the dispute with an agreement, the judge called in SM Entertainment’s CEO Kim Young Min and each side’s lawyers for an arbitration session that lasted around an hour. However, it ended in failure with both sides doing nothing but reaffirm the differences in their positions.

JYJ’s lawyer met with Star News after exiting the building and confirmed that the arbitration had failed by stating, “There were no results.” The lawyer added, “We did nothing but state our opinions and reaffirm our stances,” and “The differences in the two sides’ stances haven’t changed.”

It is said that the judging panel urged the two sides to come to an agreement during the session. The next court date has not been set, and the verdict has been postponed indefinitely. The reasoning was to give the two sides enough time to discuss and settle the dispute. This has made it almost impossible to determine when this lawsuit, which began three years ago in 2009, will finally come to an end.

SM Entertainment and JYJ’s lawyers have met several times since May, 2011 to come to an agreement and settle the issue. However, the final arbitration session of 2011 ended in failure, causing the case to be brought back to court. Though both sides gave their final pleas in May of this year, a clear difference in their stances could be seen. A final verdict was to be made this month but another arbitration session was held as the courts wish for both sides to end this dispute in an agreement.

(omitted recap of everything that’s happened till now)

Source: [Star News]

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[NEWS] 120810 SM Entertainment and JYJ To Have Another Trial In September

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[NEWS] 120810 SM Entertainment and JYJ To Have Another Trial In September

SM Entertainment and JYJ have failed to reach an agreement on the issues surrounding the members’ TVXQ contract.

The trial between SM Entertainment and the members of JYJ took place on August 10 at 4PM KST in Seoul Central District Court. SM Entertainment’s representative Kim Young Min, along with lawyers from both sides, were present to debate the issue. The members of JYJ were not present for this trial.

In the 1-hour-30-minute trial, each side expressed their sentiments to the court, and afterwards, both sides expressed their opinions to each other. This day, Representative Kim left the meeting to have a conversation with a lawyer in the waiting room. He met with reporters during the mediation and stated, “The court is still in trial so nothing can be said.”

SM Entertainment and JYJ have been in trial since last May, going through a total of six hearings to reconcile their differences thus far. However, at the end of last year, both sides failed to reach an agreement and hearings have resumed. In May, both sides expressed their points during the hearing and waited for an official verdict, but the court advised a mutual adjustment so another trial date was issued.

However, the two sides have failed to meet a mutual agreement once again. JYJ’s lawyer told Star News, “The difference in opinion between the two sides is too large. An agreement could not be reached so it was decided that another trial will take place around September 13th.”

The lawyer continued, “SM Entertainment’s side is to ‘forget about the past’, and our side is to settle all the accounts and issues in court. Both sides diverge in opinion, but the court is encouraging a voluntary agreement or a mediation until a decision has been made.”

After three years of both sides battling for an agreement, the chances of the court making the final decision have risen. When the SM Entertainment representatives exited the court, they answered the reporters’ questions saying, “There is nothing for us to say yet.”

In 2009, JYJ stated, “[Please terminate the effects of our unreasonable exclusive contracts],” and filed a case. As the court accepted this, SM Entertainment filed a claim for compensation for damages in April of 2010. In February, the Seoul Central District Court dismissed both of SM Entertainment’s injunctions against JYJ.

After this recent hearing, it’s been confirmed that the exclusive contracts signed by both sides have been nullified, and that the decision to secure the individual entertainment activities of the JYJ members has been upheld.

Source & Image: Star News via Nate
Credit: allkpop
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