Translation 110603 C JeS Press Release – Regarding…

[Translation] 110603 C-JeS Press Release – Regarding The Lawsuit Filed Against Avex Management

With regards to the yesterday’s withdrawal of the provisional injunction, it was withdrawn due to the following case.

Currently, Avex is asserting that JYJ’s exclusive management contract termination is not valid, and used unfair influences to conduct obstructive measures against the charity event in question.

We have decided to take action against this, and from now on, will assert the legitimacy of our company in the courts of law.

About The Lawsuit Filed Against Avex Management

With regards to our company and our company’s artist JYJ’s activities, we would like to report that we filed a lawsuit against Avex Management for an injunction against the obstruction of our company’s management activities.

Our company had been planning to hold the JYJ Tohoku earthquake charity event which is scheduled for 7 June, and although we had gotten consent from the planned venue Saitama Super Arena (SSA) and sold tickets, it became a situation where the SSA homepage put up a notice stating that “it was decided that it would not be appropriate to approve the use of our venue.” The change in venue brought about inconvenience and confusion to everyone who had purchased the tickets, and we apologise for the worry caused.

This situation was a result of a message from Avex to the SSA side, with the key point being that “Without Avex as a proxy, JYJ cannot hold activities as artists in Japan,” so “we request that the use of venue for JYJ’s artists’ activities be denied,” and this was how things started.

However, our company and Avex’s exclusive contract for JYJ had been terminated on 22 February of this year, due to the non-fulfilment of obligations, and with this termination, Avex had lost their exclusive rights over the management of JYJ in Japan. Accordingly, Avex’s reason given to SSA for the request to not approve the use of their location was actually an untruth.

Our company had been in preliminary discussions with Avex, with the consideration of the fans and artists’ wellbeing as our top priority, and were in discussions with Avex with the aim of resolution. However, Avex had unilaterally announced the suspension of JYJ’s activities in Japan, and Avex had not fulfilled any of its promised management duties in Japan as per the contract for over half a year, so we were forced to terminate the contract with Avex due to breach of contract.

Despite this, Avex insists that the termination of the current contract is invalid, and for this charity event and personally, without taking any form of legal action, used their influential power as a big corporation and told untruths to the venue side from the background, utilizing unfair influences to obstruct this charity event.

In light of the abovementioned actions from Avex, our company had requested for a proper verdict from courts, and although we had been forced to seek a preliminary injunction against Avex from the Tokyo District Courts a few days ago, given the current circumstances of the charity event being just around the corner, it was decided that we would not continue with the lawsuit against Avex, as stated in the topic (of this press release).

In the future, we will be asserting our company’s legitimacy in the courts of law, but for this charity event, and with the fans’ and artists’ wellbeing being our priority, we will continue to do our best. We thank everyone for their understanding.

Source : [C-JeS]
Translated & Shared by : dongbangdata.net
Momma’s Source: sharingyoochun.net
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EDITORS NOTE

Editors Note: AVEX Statement on Withdrawal of Provisional Injunction

Avex would have us to believe that they have won the day by stating that ‘on the grounds that the case
would have been dismissed anyway” –C-JeS and Zak Corporastion have withdrawn the JYJ petition for the provisional injunction for the Charity concert in Japan.

I am more inclined to believe that there is another reason altogether for withdrawal of the provisional injunction, and until we hear C-JeS and Zak Corporation’s rebuttal on this matter–I conclude that Avex
would have lost this case.

Avex is no stronger than SM so we keep fighting their claims and support our guys. The sadness is in the refusal on Avex’s part to give ground on an issue of charity and humanity.

It must be nice sleeping in your warm beds at night while other Japanese people are struggling to survive. Shame one thousand times. Momma Cha

Translation 110602 Avex Press Release — Regarding the JUNSU/JEJUNG/YUCHUN Event Application For Provisional Injunction

[Translation] 110602 Avex Press Release – Regarding the JUNSU/JEJUNG/YUCHUN
Event Application For Provisional Injunction
Avex Group Holdings Ltd
Regarding the JUNSU/JEJUNG/YUCHUN Event Application For Provisional Injunction

As stated in our press release on 28 April, in relation to the Tohoku Earthquake Charity Event by our company’s artists JUNSU/JEJUNG/YUCHUN, the organisers Zak Corporation (Zak Corp.) and JJY’s Korean management company C-JeS ENTERTAINMENT.Co.ltd (C-JeS) had filed for 2 charges of provisional disposition against our company for unfair correspondence, at the Tokyo local district courts.

・ Heisei 23rd Year, No. 1115 Application for provisional injunction against obstruction of business operations (Civil Matters, 9th Dept)
Claimant (Complainant) = Zak Corp.
・ Heisei 23rd Year, No. 22020 Application for Provisional Disposition Order (Civil Matters, 46th Dept)
Claimant (Complainant) = Zak Corp. & C-JeS (Joint Claim by both companies)

With regards to the 2 counts of provisional injunction, our company had asserted its legitimacy on the issue, and we were confident that this case would be dismissed. However on 27 May, Zak Corp. and C-JeS had, without waiting for the final decision, withdrawn both claims.

Zak Corp. and C-JeS had considered that it would have been difficult for their two claims to stand, and had decided to abandon this application for provision injunction. With such facts, we can simply conclude that legally, our claims are valid.

The above is what we would like to report.

(T/N: Heisei 23rd Year = 2011)

Source : [avex.co.jp]
Translated & Shared by : dongbangdata.net

Momma’s Source: sharingyoochun.net

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