Lux (_ochre) wrote in omonatheydidnt,

update dump on DBSK's court case

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 filed for their appeal at the first hearing that began on the 21st at 10:20am.

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: jeeelim5@tohosomnia

Both want to finish this up quickly

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

Both sides stated their position at the first hearing held on the 21st at 10:20 am.

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.

It can be seen that the judge believes it will be better for the two sides to start fresh as quickly as possible rather than have a tiring fight in court.

On the other hand, on the 20th, 120,000 fans submitted petitions against SME’s unlawful contract to the Seoul District Courts where the trial is being held.

Source: [asiae+DNBN]
Translations: jeeelim5@tohosomnia

Court wants both sides to agree

Popular group TVXQ’s three members asked for a suspension of their exclusive contract against SM Entertainment and the first hearing occurred on the 21st.

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.“

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.

The Courts agreed to both sides’ wishes of ending this dispute early on and will come to a decision after examining all the related materials handed in on September 11th which is 3 weeks after this first hearing.

The lawyer representing the three members said, “They do not want a disbandment of TVXQ,” and “There are cases where teams stay together even if the members are in different agencies.”

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.”

TVXQ’s three out of five members, Xiah Junsu (Kim Junsu), YoungWoong Jaejoong, (Kim Jaejoong) and Micky Yoochun (Park Yoochun), stated that “Our 13 year exclusive contract can basically be seen as a life contract, and we did not receive proper treatment from SME in many aspects such as income division,” and filed their lawsuit on July 31st.

Source: [yeonhap news+DNBN]
Translations: jeeelim5@tohosomnia

SM "We've Lost 15 Billion Won"

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.

On the 21st at 10:20 am, the first hearing for the lawsuit between SM Entertainment and the three members of TVXQ's Youngwoong Jaejoon, Micky Yoochun and Xiah Junsu, began.

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 stated that the focus of this lawsuit was not the period of the exclusive contract or the unfair income division, but the cosmetic company that the three members were involved with. He explained that the only two reasons SME asked the three members not to participate in such a venture were because such a venture went against their exclusive contract and because the venture could hit TVXQ's image in a negative way.

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."

On a side note, 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 the exact amount of TVXQ's income.

The three members asked for a cancellation of their contract due to the unlawful clauses in said contract but SM Entertainment stated that the three members were filing this lawsuit because of the cosmetic company they were associated with; both sides show no signs of backing down. TVXQ's leader U-Know Yunho and youngest leader Choikang Changmin did not participate in this lawsuit.

Source: [star news+DNBN]
Translation credits:
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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:
Shared by:

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."

Judge Park Byungdae of Seoul District Courts was in charge of the first hearing between SM Entertainment and the three members of TVXQ. On that day, he revealed that he wished for the two sides to come to a mutual agreement for sake of the world's biggest fanclub and the other two members.

In accordance to this, Sejong, who is representing the three members of TVXQ, stated, "Unless SM Entertainment reveals the entire contract as well as TVXQ's income, it will be hard to reach an 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:
Shared by:
Do not remove/add on any credits

In other words, I have no words, just a GQ picture.

All from tohosomnia. Individual article links are under the cut. and tohosomnia are the same.

Some old articles here and here.
Tags: court / legal issues, dong bang shin ki

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