Home > dbsk, news > Clippings: JaeChunSu vs. SM Lawsuit Aug. 21 2009

Clippings: JaeChunSu vs. SM Lawsuit Aug. 21 2009

I want to keep track of the news each day as the lawsuit progresses so I’m clipping some news articles for documentation. Just the important ones. I try not to be redundant with the articles because I’m rather different.

I would rather voice my own views in my blogs than forums or else I would pick up a fight with some “weaklings”.

DBSK’s fans submit petition with 120K signatures against SM’s ‘Unjust contract terms’

Fans of group Dong Bang Shin Ki are fuming with anger. The first hearing for the 3 Dong Bang Shin Ki members Xiah JunSu, Micky YooChun and Hero JaeJoong on their lawsuit against SM Entertainment to retract the exclusive belonging contract effects will be held on 21st August.

And a fan who operates Dong Bang Shin Ki fan community site DSite submitted a petition signed by 120K people opposing SM’s ‘Unjust contract’ on 20th August at the Seoul Central Court.

The petition, consisting of 12 books, contains the signature of 121,073 fans from offline and online, and it also includes the activity schedule of Dong Bang Shin Ki from when they debuted in 2003 all the way to 2009.

News: http://sookyeong.wordpress.com/

Eat that, SM!

3 Members Of TVXQ, “We Don’t Want To Disband Even If We Move Agencies”

TVXQ and SM Entertainment (SME), who are currently in a dispute over TVXQ’s exclusive contract, have both stated that they do not wish for a disbandment of the group.

The first hearing for the lawsuit TVXQ’s YoungWoong Jaejoong, Micky Yoochun, and Xiah Junsu filed against SM began on the 21st at 10:20 am.

At this hearing, SME’s representative lawyer said, “We hope that through this trial, any misunderstandings that have arisen between SME and the three members will be taken care of so that the two sides can have a better relationship and mature as a star who will lead the 2nd Hallyu Wave and his companion,” and “SME has unlimited affection for the three members, and SME has big visions for TVXQ, they’ve even considered introducing TVXQ into Hollywood so we hope this ends well.”

The three members’ lawyer said, “If you look at Shinhwa, although each member is in a different agency, they still perform as one group and the three members, even if they move agencies, do not wish to disband.”

The three members of TVXQ filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request against their agency SM Entertainment on July 31st. They also filed for a Preservation of Evidence Request to be able to calculate their exact income…

Source: [star news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

SM considering Hollywood for TVXQ? Nande?!? Sure? Or are they saying this to make fans feel better? LOL It’s possible but I won’t buy it for now. SM is averting the topic. Making pleas already? Hmmm… And I wonder which of the two big agencies will JaeChunSu choose if, I said “if”, they’ll leave SM? If YG, they will be brothers with Big Bang. Yehey! I think being in a so called hip-hop entertainment group will be cool. Anyway, they have established their own names already. If JYP, then this it’s really pop-ish and I can see in the future some WonderShinki collaboration and maybe really pursuing the American Dream? Ahhh~! I can’t decide!

Moving on…

TVXQ vs SME “We Want This Lawsuit To Finish Quickly”

TVXQ’s YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu have stated that they wish for their lawsuit against SM Entertainment to finish quickly

The members’ side pointed out the unlawful problems in their exclusive contract as well as the doubtful income division made by SME.

SME’s side stated that they were in red figures for four years after TVXQ debuted, said that they had divided the income well and that what the three members were saying was false.

Both sides stated that they wanted this lawsuit to be solved as quickly as possible. The judge stated, “If both side would like to set a settlement date that will not be open to the public, that can be arranged,” and urged both sides to come to a mutual agreement…

Source: [asiae+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

Yes. As quickly as possible so they could move on and my babies aren’t bothered anymore and continue making music!

The Members Of TVXQ “Feel Distressed Because Of This Lawsuit

…Sejong, who is representing TVXQ, stated to the media after the first hearing finished at 11:40 am, The three members are feeling upset and distressed,” and We hope this lawsuit ends well.

The hearing ended after only an hour and 20 minutes.

Source: [asiae+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net
Do not remove/add on any credits

Ahhh~! My babies are upset! This must have been in their minds while doing their work right now. And I know the feeling of being bothered while doing work. I cannot concentrate and as if I’m always looking afar. God, I wanna hug my Joongie and Micky since they’re the most emotional ones.

Courts Urge For A ‘Mutual Agreement’ For The TVXQ Dispute

Seoul District Court’s Judge Park Byungdae, after listening to both sides, said, “We think the best way to solve this dispute is for the two sides come to a mutual agreement, when we put the responsibility for biggest fan club in the world and the relationship with the other two members into consideration.”

…Also, when the Courts asked whether they wanted a ‘cancellation of their contract’ or a ‘revision of their contract’, the lawyer replied, “It depends on how competent SM Entertainment will be to support TVXQ’s transition from an idol group to a more mature artist group,” and “The opportunities are endless.”

SM Entertainment’s lawyer said, “Although the three members who filed this lawsuit are not having their right violated, the agency is losing a lot of money due to this trial so we wish for it to end quickly and for TVXQ to start their activities again,” and “The only reason SME asked the three members to not participate in the Chinese cosmetic company branch was because the agency feared that TVXQ’s image might be damaged in some way; the agency had no other intentions.”

The Courts said, “As long as this lawsuit has been filed, please refrain from talking about or attack the other side through the media.”

Source: [yeonhap news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

I always give a short laugh whenever SM mentions the cosmetics as the reason for this. *Joongie kind of laugh* How many times did they have to tell it into their hard-headed brain that it was not the main issue. I really have to say that they’re idiots.

SME Complains About The Preservation Of Evidence Request

SM Entertainment filed an appeal regarding the preservation of evidence request the three members of TVXQ filed recently

…SME’s side stated, “Some of the receipts and other documentation used to calculate TVXQ’s income are the company’s secret information. Therefore, it could be fatal to SME if these forms of documentation were revealed to the media.”

The Courts explained a ‘In Camera’ system that they use which will invalidate SME’s claims. The ‘In Camera’ system is a system in which only a few select people are able to see the important files or the business’ secrets in an enclosed area.

This appeal makes people question how accurately the Courts will be able to calculate the actual income of TVXQ.

Source: [asiae+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

I smell something fishy. If SM really has confidence that they have given justice to the boys’ income then there is nothing to hide. “In Camera” system might lead to answers. And I don’t care and don’t be surprised even if the boys really earned $1,000,000,000 because they deserved it.

SM “We’ve Lost 15 Billion Won+ In Image Damage Because Of This Trial”

SM Entertainment (SME) stated that they were the only ones who received damages because of the request for the suspension of TVXQ’s exclusive contract…

During this hearing, SME’s lawyer stated, “In the case of the three members of TVXQ, they don’t have any dissatisfied feelings towards this lawsuit as it got them out of concerts and advertisements that they did not want to participate in,” and “But in the case of SME, they had to pay compensation for said canceled events and future scheduled events with 8 billion Won to pay domestically and 15 billion Won to pay if overseas activities are calculated. Not only will SME suffer monetary loss, the image of SME has also been hit because of this trial.”

SME’s lawyer also said, “In reference to the length of their exclusive contract, the special quality of the entertainment business needs to be considered,” and “Even in the recommended exclusive contract guidelines released recently, there are exceptions when it comes to singers.”

He also said, “The three members claim that they never were told of exactly how much they earned but SME revealed this amount to the members every six months and the members even signed these income documents.”

Source: [star news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

If they have treated DBSK very well and have listened to their pleas, this would’ve never happened anyway! And hey, who cancelled the SM Town Concert when the boys said they’ll perform in it? And Image? Hah! You had one? Ahh yes, a bad one. So it’s not worth worrying for. My babies are suffering now so will you, SM! I hope you’ll feel the wrath of fate some more.

TVXQ’s 3 Members “The Cosmetic Business Is The Most Common Venture For Celebrities”

TVXQ’s three members, who are currently in a dispute with SM Entertainment (SME) over the period of their exclusive contract and the income division, have stated that the cosmetic company is not the focus of this trial

When the judge asked the lawyer why he did not refer to the cosmetic company, the three members’ lawyer stated, “The cosmetic company is not a big deal and entering the cosmetic business is the most common venture among celebrities,” and “We did not feel that money was the problem in this lawsuit so we did not talk about it on its own.”

He also said, “The trust the three members had with SME was destroyed because of reasons such as the extremely long period of their exclusive contract and the questionable income division that SME has stated. It has become hard for both sides to have a good celebrity-agency relationship,” and “We hope this lawsuit will become a chance for TVXQ to have a free contract in which they are allowed to pursue any free and creative activities that they wish to partake in.”

Source: [star news+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

They’re not the only ones, Britney has her own scent and clothing line as well as J-Lo who tied in some cosmetics company to have their own. So let’s talk Asia, Rain would be an example in venturing business like his clothing line and I heard some coffee something. Did these harm their respective images? N-O. It doesn’t mean that JaeChunSu ventured into this cosmetic thingy they’ll look like, just to be frank, gays? Haha! Fans are not living in the Stone Age. SM, we know that you don’t like them venturing business because their names are worth thousands of bucks that should’ve been be yours. One word: Greed.

TVXQ’s 3 Members Side, “Without Revealing The Entire Contract, It Will Be Hard To Reach An Agreement”

TVXQ’s three members’ legal representative stated that, “Without revealing the entire contract as well as all the income TVXQ has earned, it will be hard to reach a mutual agreement.”

…Also, Sejong said, “Xiah Junsu states that SME’s claim that he took 45 million Won in advanced payment is completely false.”

Source: [ohmynews+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

Ahhrgggh! I hate this! They both want this to end up quickly but SM is playing hard to get!

Xiah Junsu’s 45 Million Won Advanced Payment Rumor…”Completely False”

TVXQ’s Xiah Junsu, who is currently in a dispute with his agency said through Sejong that the news report stating he “Received payment of 45 million Won in advance from SM Entertainment a month before the lawsuit” is “completely false.”

SME’s lawyer said at the first hearing today regarding the suspension of the exclusive contract request that, “Xiah Junsu (Kim Junsu)received 45 million Won in advanced payment on July 15th,” and “Seeing as this was done one month before the trial, it is hard to see it as an action that has nothing to do with the lawsuit.” Sejong’s side cuttingly replied to a reporter on the phone that, “That did not happen.”

He said, “If that did happen, it was probably to settle his account for his income taxes,” and “They are being ridiculous by making it seem like Xiah Junsu received that payment to prepare for this trial,” and could not control his anger at the rumor.

He also said, “Ever since they debuted in 2004, SME has been in charge of all tax payments such as the composite income tax regarding TVXQ’s income,” and “The composite income tax is settled depeding on how much the group earns for the first half of each year and was given to the members to pay in the form of advanced payments.Xiah Junsu received this money from SME to deal with a problem in his income tax account.”

He also added, “If they reveal that the other members received advanced payment during the same time then this rumor can be taken care of,” and “Xiah Junsu has never taken advanced payment to pay for personal or legal reasons.”

SM Entertainment’s lawyer stated during the first hearing on the 21st that, “Kim Junsu received an advanced payment of 45 million Won.”

T/N: *I know this might be confusing so let me make it clear for you
SME: Kim Junsu took an advanced payment of 45 million Won to pay for his legal actions
TVXQ: Kim Junsu has been given money from SME in the form of an advanced payment ever since the group debuted in 2004 to pay his taxes. SME has taken this and twisted this.*

Source: [ohmynews+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

Lies. Forever lies, SM! I’m thinking of torching that building already among 800,000 Koreans, a million Japanese and a million more Internationals. Maybe I’m exaggerating about the fanclubs but point is, I’m not the only one. Ahhh~! They don’t know how influential these people in the fanclubs could be.

And about that 13-year contract thing? Honestly I could not imagine how Jaejoong will be in his thirties and still dancing. LOL It’s okay to do SMAP but even SMAP are satisfied with their contracts. If SM could also be a little like Johnny Entertainment, I couldn’t see any problem at all. Point is, if their artists are happy with their agency’s treatment, they will keep on renewing their contracts and there’s nothing to worry about.

I’m soooo fuming with anger but I need to be happy because there are reasons to like my babies’ JaeChun album. My Hello KittyBfFs pair is doing quite well and Lord, bless them with good health.

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