Interestingly, this account of the trial…

Interestingly, this account of the trial seems SM biased while the previous account of the trial seems JYJ biased. Where is the objective observer? Momma Cha

[Trans] 110315 4th Trial Of SM Vs JYJ.. SM Treasurer Appears As A Witness
The Fourth Trial of the Lawsuit between JYJ and SM Entertainment took place on the 15th.

Last April, SM filed an exclusive contract validity verification and compensation for losses lawsuit against the trio to which the trio filed an exclusive contract invalidity verfication and unjust profit restitution counter-lawsuit against SM. On the 15th, the two sides held a hearing.

The trial that was held this day included an examination of a witness, Mr Yoon, who was in charge of handling TVXQ’s income and accounts in SM Entertainment.At the trial, Mr Yoon stated, “SM artistes settle their accounts twice a year for the income from overseas and domestic activities and album sales. Before the accounts are settled and the artistes are paid, the celebrity, his or her manager, the treasurer and his or her parents get together, make sure that the income division is done exactly according to the contract and sign a paper stating that the correct income division was carried out. This information is also looked over by an accounting firm.”

He continued to state that TVXQ’s income division was done through a legal and just process as he said, “The trio have never voiced a complaint about the income division till now. The income division has always been done according to the contract with consent from the trio, and we have never omitted any profits or expenses.”

Also, Mr. Yoon explained the process behind TVXQ’s income division as well as the members’ expenses, income and salary received in advance. He also gave thorough answers to the questions given by the lawyers of SM and the trio regarding album sales and royalties.

The trio did not attend the trial. The next trial will be held on April 19th at the same location and the Courts are planning to hold an examination on another witness, Nam So Young, the CEO of SM Japan who was in charge of TVXQ’s Japanese activities.

source: [spn edaily+Yuaerubi]
translation credits: jeeelim5@tohosomnia.net
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Finally, a report on the court hearing f…

Finally, a report on the court hearing for JYJ vs SM. This appears to be a rough translation, but I sure there will be clarification later. Momma Cha

Today SM’s finance person appeared in court.

Said at court that 2008 SM’s net profit was 14.7 billion KRW, and out of that 1 billion was earned by TVXQ.

JYJ lawyer asked: then who earned rest of the money?

Finance person said: “It’s earned by BoA, CSJH, Ara, TRAX!”

Then JYJ’s lawyer asked: “So you are saying, they earn more money?”

Finance person couldn’t say anything in response.

2004 HUG album, SM only calculated March and April sales for the 5 of them, after that none of the sales were calculated for them.

In other worlds, all the details of album sales after April, there’s nothing.

MIROTIC sold 480,000 copies, SM should have paid them 5 million, but they didn’t pay it, then the trio said MIROTIC sold 54,000 copies (SM’s style is, sales is only calculated once, and they pay after they calculaed the 480,000 copies, and the 60,000 is all SM’s)……

SM says, because they didn’t come out with a next album, so we could give them (the money).

When SM said this, the court cut them off saying this could not be accepted.

Then the court says, if SM does not provide relevant documents, then the court will order it.

In other worlds, SM continues to not give the relevant documents, so the court wants to use force to gather the documents.

Said 2008 digital album sales would give them 10% of the income distribution, but in 2009, they didn’t even include it in the income distribution.

Also, MV, Dancer’s expenses were all paid by TVXQ.

Their world tour earned 3,400,000,000 (3.4 billion), out of that money, they only gave TVXQ 900,000,000, and then said this was SM’s expenses organizing the event, so it was then deducted (the entire 900,000,000).

Next court date is set for April 19th, at 2PM.

credit: baidutvxq
trans+shared by: sharingyoochun.net

Source: sharingyoochun.net

While it has been conjectured that JYJ’…

While it has been conjectured that JYJ’s Jaejoong, Junsu, and Yoochun may have left SM Entertainment over a dispute about Crebeau Cosmetics Company–the courts have ruled that this is not the case. As in the article below, SM’s assertion that Crebeau was the impetus that pulled JYJ out of the company has been nullified and Crebeau has filed a countersuit for harassment. Good Job, Crebeau. Momma Cha

[News] 110218 Court Judged That Crebeau Was Not Responsible to The Cause of TVXQ’s Breakup

Court has ruled that Crebeau, the cosmetic company which has been blamed for the breakup of TVXQ is indeed innocence.

In July 2009 TVXQ 3 members now formed JYJ filed an injunction application in Seoul Central District Court against their former agency SM Entertainment to terminate their exclusive contract, which SM then released an official statement pointing Crebeau as one which was responsible to the cause of lawsuit and the three members were tempted by financial issue from the cosmetic business, however after futher investigations Court has revealed that Crebeau is clearly not guilty.

Upon the accusation, Crebeau responded by accusing that it was only SM’s attempt to conceal their internal problems with their artists, thus created a misleading public opinion that could deflect fans’ criticisms by pointing other party as the culprit. Crebeau also took legal action against SM due to defamation of the company.

After reviewing the case since December last year, Court finally concluded that the accusation to Crebeau was indeed a wrong alarm for there were not enough evidences and called the case to an end.

Meanwhile Crebeau has been sponsoring Superstar K’s Woo Eun-mi, and also supported JYJ and Woo Eun-mi’s broadcasting activities.


credit: News Nate
trans: sharingyoochun.net

Source: +sharingyoochun.net

Alert!!! A petition for the benefit of J…

Alert!!! A petition for the benefit of JYJ”s,and subsequently HoMin’s rights, is being circulated and signed by supporters of JYJ and TVXQ. This petition will be sent to Korean government agencies and the Korean courts. It outlines all of the violations of human rights that SM and its affiliates and subsidiaries consider their right to inflict upon their entertainers. This petiton will benefit entertainers everywhere as it helps to set and support the precedents that JYJ and others before them have initiated.
If you truly love all five of our guys–please follow this link to read, understand, and sign the petition.

http://sign.thejyjfiles.com/sign/index.php

The site is private and all information requested is protected. Momma Cha

There is always something in the air the…

There is always something in the air these days. While we are concentrating, and rightly so, on the opportunities opening up for our guys with interviews, performances, and offerings of work–we cannot lose track of the fact that SM and other agencies are still trying to garner sympathy via the airwaves in their legal contract dispute with JYJ. Just recently, one more chapter in this saga unfolded in a way that was displeasing to JYJ fans.  Momma Cha

MBC’s ‘Sisa Magazine 2580′ released a report on the dispute between idols and their entertainment agencies but has fallen under a concentrated attack by JYJ fans. These fans of JYJ claim that the program was adjusted with a strong bias towards the entertainment agencies before it was aired.

On the 30th, ‘Sisa Magazine 2580′ aired an in depth report on the disputes between idols and their entertainment agencies as Kara’s proclamation to end their contract with their agency has brought up the controversy once more. The episode had garnered great attention before it aired for it was known that it would deal with JYJ’s situation as well, as they have been unable to appear on broadcasting channels due to their legal dispute after the disbandment of TVXQ.

However, many viewers expressed their disappointment after watching the show. Currently, complaints are flooding into the viewers’ thread. Viewers are showing their anger at the show stating, “You said you would handle the situation in a fair manner, but all you did was show the viewpoint of the strong side,” “If you’re going to report the situation in this kind of way, what makes you any different from the way entertainment shows are run?” “So what you’re trying to tell us is that it takes a lot of money to raise idol groups,” “You’ve done nothing but show the side of entertainment agencies,” and “This is a biased report.”

There are netizens demanding a fair report on the matter as SM Entertainment’s opinion received more air time in an interview with a SM representative while JYJ’s refutation was hardly shown. JYJ are holding the stance that they are not signed on to a dual contract as C-JES, the company in charge of managing JYJ, is their agency and not their entertainment company.

Some netizens have even criticized ‘Sisa Magazine 2580′ for randomly promoting a rookie girl group in the middle of the episode though they are not related to the report’s content whatsoever. While CEO Kim Kwang Soo was explaining that it is hard for entertainment agencies to gain profit when so much of the sales is spent on costs, the camera caught ‘Five Dolls’ rehearsing. ‘Five Dolls’ is the female unit group of ‘Co-ed’ that is preparing for their comeback.

Prain’s Head of Department Lee Jae Eun expressed her disapproval on her personal Twitter account when she stated, “They state that they will air a fair report but the amount of airing time the strong received compared to the weak is… Sigh…”

She continued to show her disappointment of the footage that was cut as she said, “In the interview, JYJ stated, “What’s most important is forming trust between artistes and their agencies. This new entertainment system will create a system of transparency that builds on a foundation of trust. We want to be treated like humans, not just objects to be sold in the market.””

Micky Yoochun, Xiah Junsu, and YoungWoong Jaejoong, who garnered explosive popularity in Asia as members of TVXQ, filed an exclusive contract suspension injunction against SM Entertainment in July, 2009 claiming that their contract was unjust. Afterwards, JYJ restarted their activities but have been facing troubles when it comes to appearing on broadcasting channels due to their legal dispute with SM.

Source: [money today]
Translation credits: jeeelim5@tohosomnia.net
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I really don’t think that there is much…

I really don’t think that there is much to say except I love you. Jae, Chunnie, June–I understand Company Store problems. You get to the point where you say no more. We are behind you 1000%.
Keep Fighting.
Momma Cha

A Song Without a Name PART 1

Have I ever told you this.

After a probation period of a few months in 2003, we, the team members, finished our first task with ease
In 2004, we were the employee of the month, with countless top results, but we couldn’t feel content with just that
We were unable to contain ourselves and we started wanting more.

2005, we embarked into the overseas market, we thought everything would go smoothly like it had in Korea.
On our first attempt, we had the worst results possible and that was when my confidence started to drop.

A language we couldn’t even speak
Every day we’d be at our lodgings or the office
An imprisonment that they claimed wasn’t an imprisonment, saying it was for our own good

An excessive amount of solitude, tears and rage
These were what made us one
Saying that we couldn’t part ways no matter what happened
Saying that we should always be together
Saying that we should resemble each other’s good points
We said these things in our hearts and kept running

One day, we finally reached that top position we had so earnestly wanted
We each took our phones and contacted our families and friends.

That day had finally arrived.
From then on, everything started to go so well.

Records selling hundreds of thousands, winning every award out there and harvesting the fruits of our labor.
It felt like even when we cried, those tears dropped softly

The reason we were happier than any joy or sorrow
We, who never gave up and ran till the end
The reason we were stronger than anything else, was because we were one

You have already changed. (I can’t stay in that spot forever)
I’ll be the first to turn my back on you. (I can’t be shedding tears forever)
I’ll call out your name, though you keep going so far away (Fly me high into that sky)

We had been running for quite some time.
When we were surrounded by an unexpected, big wall
And the thought, ‘Has it always been this dark’ stayed in my head for a long time.

Once, this happened.
With the ever growing business expenses, and the increasing debts
The situation became something I could no longer handle on my own

Our CEO had once said these words to us
Tell me whenever you need something. Because we will always be family to each other.

Tell me whenever you need something.
Remembering those words, I took the courage to call him and ask him a favor.

Though I had this strange feeling inside of me, he was the only person I could rely on back then.
Because we were a family who would stay together forever.

Though I built up the courage to ask him a favor, all I received was a cold refusal.
His words made me so mad, but I contained myself and asked him once more to help me out.

He hung up on me.

I couldn’t stop the tears streaming down my face.
I couldn’t think straight because he wasn’t the family I had always believed he was till then.

When he needed us, we were family to him. When we needed him, we were strangers.

More amazing things happened as more time passed.
Hearing that we had finally struck gold overseas and brought in results so unimaginably astronomical,
I walked into the office with a spring in my step to receive my pay.

Our team members were looking at each other with excited gazes.
We complimented each other on how hard we had worked.

But the statement of accounts we received said we were at a deficit
I thought I had seen the figures wrong so I checked again
Everything was listed under expenses
Damn it, how could all that money have gone towards paying expenses.
What kind of expenses were there to make that much money vanish?

I couldn’t believe my eyes so I asked them to show me the detailed statement of accounts that I had never seen before.
They told me they would show it to me, but I ended up never seeing those few sheets of paper as all I did was work.

The amount of questions I had grew the more time passed.
The headaches grew the more our team members got together and thought about it.

If I was to say just one last thing
Are the things we do for the company
Really and truly things that are for the company?

Sure, let’s say they were. We, the kind souls, will let that one slide.
We will forget it, for the company, and for us, who have been together for so many years.
But that isn’t right, those aren’t things you should be saying to us.

Were you seriously planning on disappointing us till the very end?
When you called, all you did was talk about our team members behind each other’s back, it was so hard to trust you.

This is exactly like what our seniors said. Did you want to keep the ones who’d still willingly make money for you?
A senior told me that the family the company always talked about, would make it hard for us to survive if we left the company
Those words refuse to leave my mind

Though I have so much more to say,
I can’t because I feel so frustrated at the thought that someone will torment us more when this song is released.

Anyway, though life is hard, we are working hard and doing well.
We are trying to really smile though we continue to be tormented by someone.

This effort of ours is not the effort of a mere product.
It is the effort that is driven by the thought
That we want to die with no regrets when we leave this earth.

-Commentary by Yoochun-

Yes, in the end, it’s JYJ.

Yesterday and tomorrow, though I’ve thought about it all day long
I can truly feel the difference between then and now at 25, my age

I will now put this pen down.
But my heart it at ease right now.

Because I am able to feel the love of our fans……
I’m thinking of sharing the load I have kept in my heart all this time.
Though nothing is ever easy, my heart is at ease.
I’m happy because we have our fans for our family,
I’m always thinking of you all……
I love you.

So could you believe in us till the end.
Could you tell us that you love us.
We’ll work hard till forever, so could you stay by our side.

Because we still have you
And you still have us

I promise, that I’ll show you everything eventually.
Yes, we are JYJ.

“You have raised the palace walls and firmly closed the door
They say that love is not imprisonment
Love is letting go to fly freely
But I don’t even expect that much
For we, who you made, are not even worth half of half of half of that.
We are nothing but eternal frogs living in a well.”
(Excerpt from the musical ‘Mozart!’)

Though I still have so much to say
I will end it here.

Source: [DC Gall]
Translation credits: jeeelim5@tohosomnia.net
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