juhli (juhli) wrote in omonatheydidnt,

Dispatch Reports Details Regarding Kang Daniel’s Conflict With LM Entertainment

Dispatch has released an exclusive report regarding the conflict between Kang Daniel and his agency LM Entertainment.

According to the report, LM Entertainment and Kang Daniel got along well last year. Kang Daniel requested housing at a luxurious villa in the neighborhood of Hannam, and LM fulfilled this request by paying for the housing deposit of 950 million won (approximately $836,300).

Problems reportedly arose when a woman referred to as “Seol” entered the picture. “Seol” is an agent in Hong Kong who works with contracting hallyu stars for business like advertisements, events, and performances. She was listed as the legal representative for the initial certification of contents sent for the termination of Kang Daniel’s contract.

Earlier this year, Kang Daniel introduced “Seol” to LM, and “Seol” presented a proposal for business overseas. Conflict then started when “Seol” went to LM as Kang Daniel’s legal representative on January 31 and asked to see his exclusive contract.

On February 1, “Seol” sent the certification of contents to LM along with a power of attorney signed by Kang Daniel. “[Kang Daniel] signed the contract that includes unfair contract terms, so a request is being made for this contract to be deemed invalid and for the contract terms to be renegotiated by February 28,” the letter reads.

Kang Daniel’s contract with LM Entertainment was signed on February 2, 2018, and it was set to go into effect on February 2, 2019. The certification of contents was sent one day before this date.

Represented by the law firm Yulchon, a second notice was sent to LM Entertainment on March 4. One of the points presented was, “LM did not pay Kang Daniel the 50 million won (approximately $44,000) promised for signing the contract.” In response, LM presented proof of 48.35 million won (approximately $42,600) paid to Kang Daniel on April 14, 2018. This is the contract payment minus the withholding tax of 3.3 percent.

Another point argued is that LM Entertainment registered as a popular culture planning business on February 7, 2019 and was not registered at the time of the contract signing, which breaches the first clause of Article 13 in the contract.

LM Entertainment commented, “LM completed registration on February 7, 2019, which is five days after the start date of the contract. The management rights and fulfillment of duties are being carried out smoothly for another artist who signed with the same terms.”

The largest point of conflict is the joint business contract between LM Entertainment and MMO Entertainment. Kang Daniel’s lawyer previously mentioned that the joint business contract states, “The core rights of the exclusive contract, including the rights to produce and distribute musical content, concert and international business rights, and negotiation rights regarding [Kang Daniel’s] activities in the entertainment industry, will be exclusively given to a third party [MMO Entertainment].”

LM Entertainment argues that Kang Daniel and his mother were aware of the business partnership between LM and MMO. In addition, MMO does not have power to carry out any business without the agreement of LM Entertainment, CEO Gil Jong Hwa, and Kang Daniel.

As written in Article 3 of the contract, “MMO must respect the opinions of the agency and artist when exercising rights and planning business. When planning and carrying out new albums, concerts, and entertainment activities, they must be agreed to in advance by the agency and Gil Jong Hwa.”

Article 4 of the contract also states, “MMO grants exclusive rights to the agency for various tasks including planning, production, promotion of the artist’s entertainment industry activities in regards to the third clause of Article 3.”

In summary, MMO Entertainment invests 1 billion won (approximately $880,700) in LM Entertainment each year, and LM gives negotiation rights to MMO. The management rights belong to LM Entertainment.

For example, MMO proposed a fan meeting with CJ ENM, but the conditions offered by CJ ENM did not satisfy LM. As a result, MMO had to follow LM and signed a fan meeting contract with another company “T.” MMO does not have the power to contract a fan meeting without the agreement of LM and Kang Daniel.

The profit sharing ratio is 10 percent for MMO Entertainment, 40 percent for LM Entertainment, and 50 percent for Kang Daniel.

Based on a conversation exchanged between “Seol” and a director of LM Entertainment, Dispatch suspects that “Seol” appears to have been aiming for the money of “Won,” an M&A expert that has played a large part in various businesses within the entertainment industry. He was involved in YG Entertainment going public as well as the M&A of YG PLUS, and he earned at least 10 billion won (approximately $8.8 million) through YG PLUS. Additionally, he led the back door listing of J.Tune Entertainment in 2010. In 2018, he was indicted for the suspicion of manipulating stock prices of a company called Homecast.

When questioned by Dispatch, “Won” commented, “I don’t know who Kang Daniel is. I do not have plans to invest in the entertainment industry anymore. I hope it will be resolved well.”

Questioning for Kang Daniel’s request for an injunction to suspend his exclusive contract will be held on April 5 at the Seoul Central District Court.

In response to the reports, Kang Daniel’s lawyer Yeom Yong Pyo commented, “We do not plan on releasing a separate statement or press release regarding the reports from this morning. We will not respond to every single claim made by the other party.”

The lawyer added, “The major issue in this conflict is whether LM Entertainment sold Kang Daniel’s exclusive contract rights to a third party. We hope that everything will be revealed at the questioning on [April] 5.”

[Pannchoa translated a blog-post related to this... Beware, it's unconfirmed chatter]I was watching YouTube and found this video randomly.
It was about Kang Daniel's conflict with his company.
Since the key person mentioned in the video is the same as the person in Daniel's situation, I will share the information I found (T/N: OP is not a fan of Daniel but fangirled on someone from the same company as Daniel - OP is talking about B2M Ent. (the founder formerly worked for DSP) and the boy groups mentioned below are probably Sechs Kies and SS501, and the girl group is KARA. When OP talked about the "key person", she's referring to the guy running all the mess).

That key person's previous agency used to be the equivalent of today's Big 3. It was a company with incredible idols. All the male idols were the hot stuffs and they hit big right away.
They promoted for the same amount of time as their rival groups and also had the same amount of promotions but in comparison to their rivals, their earnings were 10 times less.
This isn't made up, they said it themselves during a variety show.
Even the members of the rival group said "you guys really earn so little".

They almost had no hiatus during their years of promoting.
Instead of going on broadcast, their schedule will be filled with local events performances.
They could've earned so much more but instead, they didn't even make 200 M won.
Meanwhile, their rivals were making billions of won...

Eventually, the agency tried selling their contracts' rights to a 3rd party
But the members went against the company and they suddenly were forced to disband.
At that time, the members who disbanded were unable to come back on broadcast for years.
That key person who made all of this happen is a person with great influence.

After that, the new boy group that the company made hit daebak again.
They went on broadcast, shot CFs, had individual promotions and were everywhere. They did well for a while.
Then, the company sold the members' contracts' rights to a 3rd party again.
After that, the members were not seen on broadcast ever again and were shoved into those local events.
When the season for contract renewal came around, the core member was cut off from the rest of the members and they made him attend weird events as well as political and family events.
Even though he was isolated from the industry, that member eventually escaped successfully.
Afterwards, the company released a bunch of articles about that member's attitude controversy.

Then, the company created a girl group who also hit daebak (this "key person" is very skillful so everything he makes became successful)
This girl group opened the doors to the Japanese market.
They earned a ton of money from their concerts overseas and digital and physical albums sales.
They were hitting daebak from the members having solo activities, to shooting CFs, to going on variety shows, to having strong results on the charts. But then, they suddenly disappeared.
Yes, the company sold their contracts' rights to a 3rd party again ^^
The members who went against the company got a ton of sponsored hate articles against them.
The company blocked all their chances to promote on broadcast.
They even involved the members' family members in the hate articles.
In the end, the company successfully transferred the members' contracts' rights to 3rd parties.

Eventually, they made a shopping mall with the group's name.
The members then suddenly became internet's shopping mall models.
The members did not promote on broadcast at all and were just forced to being models.
The contract's term stipulated that nothing from the shopping mall's revenue would go to the members, not even 1%.

This key person's character is to attract 3rd party investors and earn big bucks for himself like that.
It worked at first but not anymore.
After doing that back and forth, he ended up messing up a few companies.

I thought that this key person have forever disappeared from the Internet,
but he was in charge of Kang Daniel.

This key person cannot make a business with his own name unless he uses his partners' names or his family's name.

Kang Daniel and his fans are smart.
If they were scared and didn't do anything about it, Daniel could've ended up performing at local events or could've become a shopping mall model while not getting paid at all.

It might be hard for the moment, but it's better if he gets out now.
I'm supporting him.
I hope that there won't be a 3rd or 4th victim.

3 key takeaways:
1. The key person that is having a conflict with Kang Daniel is the same as the one from the previous generations' idols
2. He used the same tactics of selling his contract's rights to 3rd parties
3. Somewhere along the line, all the disadvantages were received by the singers.

source: @soompi, soompi, naver, dispatch, pann-choa, entertalk
Tags: court / legal issues, wanna one

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