SM Entertainment and the group JYJ
(Jaejoong Kim, Junsu Kim and Yuchun Park) who have been in dispute
regarding the exclusive contract of the Idol group TVXQ failed to find
an agreement and remained as far apart as ever.
Seoul Central District Court Civil
Department 47 held an arbitration date for JYJ’s exclusive contract
dispute at Arbitration room #579 of Seoul Central District Court. The
lawsuit was about to be ruled on Sep 13, but it was brought to
arbitration by the court’s authority.
The court held an arbitration date for
about an hour with Young Min Kim, the CEO of SM Entertainment, and the
both parties’ lawyers in order to urge an agreement, however, the both
parties turned back after finding their different stances again, having
no results.
“There was no outcome at all”, said
JYJ’s lawyer told StarNews, implying the arbitration was failed. He
added that “We only set forth our own opinions in each stance. There was
no change about the differences in opinions”.
The court again suggested the both
parties to have a mutual agreement. But, it did not set any dates for
next hearings, and suspended the verdict indefinitely in the manner of
having enough time for agreements. Therefore, the lawsuit that has been
dragged out for 3 years since 2009, not become lost in the mists without
an end.
So far, there have been a number of
arbitration dates since last May in order to try to reconcile their
differences in opinion and the verdict date had been set soon, but the
arbitration date was set after the court recommended the both parties’
mutual agreement.
JYJ filed an injunction saying “We would
the court to terminate the validity of an unfair contract” in 2009, and
SM Entertainment filed a lawsuit to clarify the validity of an
exclusive contract in April 2010 after the court accepted the
injunction. JYJ also filed a lawsuit to clarify the invalidity of an
exclusive contract too. And the court rejected all injunctions filed by
SM Entertainment (Objection against the injunction ruled in 2009 and an
injunction to terminate the validity of an exclusive contract –between
JYJ and C-JeS-.), confirming that the exclusive contract between SME and
JYJ is invalid and JYJ’s independent activities are guaranteed as well
as legally right.
______________________________________________________________________________________________
To help your understandings:
-
This is not about who wins the lawsuit, based on the fact that SM’s
lawsuit (the above 2 lawsuits were proceeded at the same time) was
finished before JYJ’s lawsuit. The result is already out – the contract
between SM and JYJ is invalid. The main issue is now how much SM would
have to pay JYJ as compensation for damages.
- ‘Suspend the verdict indefinitely’ means more like ‘urge an agreement by force, in details such as compensation for damages’.
-
If the lawsuit is finished by the both parties mutual agreement: JYJ
receives compensation for damages amounted by arbitration and the case
would be finished without further verdict and the appeal/trial at the
Supreme Court.
-
I cannot say further why the court keeps suggesting mutual agreements
and feel absolutely disgusted. I can only guess that there is the
president election in November in Korea, and the present season is
easily effected by political manner as all personnel matters of
officials would be changed after the election. We all feel so angry but
all we can do is stick together for JYJ even if it sounds depressing.
Cheer Up everyone! For JYJ’s sake.
+++++
[INFO] Knetizens reactions
Article: SM vs JYJ verdict postponed indefinitely
Source: Star News via Nate
Arbitration between the two parties have failed once again. The court
will be postponing their decision indefinitely to coax them into making
an agreement.Source: Star News via Nate
1. [+542, -92] Let them go already
2. [+482, -59] The final decision was supposed to be September 13th… what do you mean postponed indefinitely?
3. [+532, -110] SM… You’re going too far…
Credit: NetizenBuzz
Source: JYJ3
Source: JYJ3
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