Three members' lawsuit against SM Entertainment

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    Three members' lawsuit against SM Entertainment

    Post by huongle on Mon 3 Aug - 7:57

    From now on, everything (official statements, announcement) about this case should all be posted in this thread. Please try to keep chronological order Smile


    Last edited by huongle on Mon 31 Aug - 0:43; edited 4 times in total


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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Mon 3 Aug - 7:59

    [TRANS] 090801 TVXQ''s Three Members File For A 'preservation of evidence' So That They Can Know Of Their Exact Income

    SM are to hand in all "account books, the contract, receipts, transfer slips and all other documents" as the members file for a 'preservation of evidence'

    No Cut News, Reporter Kim Dae Oh

    It has been found that YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu, members of boy band 'TVXQ', have filed a preservation of evidence request form along with their lawsuit against SM Entertainment.

    The Exclusive Contract Validity Suspension and Provisional Disposition Request Form that was filed against their current entertainment agency, SM Entertainment, was followed by a lot of attention towards the uncertain future of TVXQ and many people were curious as to why they also filed for a preservation of evidence request.

    Through the law firm Sejong, the three members YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu filed for the preservation of evidence request. This can be seen as an act of gathering evidence in the case that it is found that SM has not been faithful to keeping the contract of TVXQ in accordance with the law.

    This conclusion can be made because when one is face with a preservation of evidence request form, they must hand in all account books, contracts, receipts, transfer slips and all other documents related to the parties in question.

    -part edited out-

    However, Lawyer Lim Sang Hyuk from law firm Sejong, who is representing the three members in this case, stated in reference to SM's official statement that, "The cosmetic company, which may have caused some disagreements amongst TVXQ in an emotional point of view, was not the reason TVXQ filed the lawsuit. After reading the official statement of SM that was released on the first of August, we found that they made the cosmetic company a larger issue than what it actually is. It is wrong to think that TVXQ would file a lawsuit just because of a company that isn't even TVXQ's main work priority."




    [TRANS] 090801 'In Danger Of Disbanding' TVXQ's Three Members File A Preservation Of Evidence Request Form

    Star News, Reporter Kim Jiyeon

    Popular idol group TVXQ's members Youngwoong Jaejoong, Micky Yoochun, and Xiah Junsu have filed for a preservation of evidence request to check their exact income in the midst of the Exclusive Contract Validity Suspension and Provisional Disposition Request Form they filed against SM Entertainment.

    Lawyer Lim Sang Hyuk of Sejong Law Firm, who is in representing YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu in this case, had a phone conversation with Money Today Star News on the 1st and said, "In order to know of TVXQ's exact income, we have filed for a preservation of evidence request along with the Exclusive Contract Validity Suspension and Provisional Disposition Request Form."

    Lawyer Lim said they filed the preservation of evidence request form because, "The members have never been told by their entertainment agency of the exact amount of the income TVXQ earn," and "Usually in the case of a dispute between an exclusive contract, the people who are filing the lawsuit present a sum of money they wish to receive as compensation after going through the contract. However, the members do not, and have never known the exact amount of their income and that is why we have filed this preservation of evidence request form."

    The three members filed a Exclusive Contract Validity Suspension and Provisional Disposition Request Form against SM Entertainment through the law firm on July 31st. However, the group's leader U-Know Yunho and the youngest member Choikang Changmin did not participate in this lawsuit.

    Source: [ no cut news+ star news + DNBN]
    Translation credits: jeeelim5@iscreamshinki.net
    Shared by: iscreamshinki


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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Mon 3 Aug - 8:02

    AVEX'S OFFICIAL STATEMENT


    August 1, 2009

    Avex Entertainment Inc.

    In response to some reports made:

    Yesterday, the Korean media made some reports with regards to SM Entertainment Co. Ltd (Headquarters: Seoul, South Korea), which involved the members of Tohoshinki.

    To all the fans, and to everyone who is concerned, we are regretful and sorry for the worries that we have caused you.

    Regarding the reports, we are confirming this matter with SM Entertainment Co. Ltd, who is our business partner, but we are unable to get anything concrete as yet.

    We are deeply sorry for the inconvenience, and we seek your understanding in this matter.

    However, at this point in time, there will be no change in their upcoming schedules.

    Source: [toho-jp.net]
    Translation credits: mandasoh@iscreamshinki.net
    Shared by: iscreamshinki.net
    Do not remove/add on any credits




    Their legal representative, of the 3 members, Jejung (Hero), Yuchun (Micky) and Junsu (Xiah), Lim Sang Hyuk, from the law firm Sejung, confirmed that "TVXQ will participate as planned, in the a-nation performance to be held at Kumamoto today". He also said, "Right now, (apart from the legal issues) the members want to fulfill the promises they have made to their fans."

    TVXQ is scheduled to participate in the Kumamoto Live of AVEX's Summer Live Tour 「a-nation’09」today. However, their participation for the event was not confirmed initially, after the 3 members filed for a "court injunction to stop the effects of an exclusive contract".

    However, the members who are currently staying in Japan decided to participate in the performance so as to keep their promise to the fans.

    Reported by: Kim Ji Young /STAR NEWS

    Source: [STAR NEWS + chosunonline]
    Translation credits: mandasoh@iscreamshinki.net
    Shared by: iscreamshinki.net
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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Mon 3 Aug - 8:07

    TVXQ three members, made public announce " we never got appropriate treatment "


    Xiah, hero, and micky made public announce through SeJong, on August 3rd.

    They said, "During the five years after our debut, we were getting really tired mentally and physically because of the one-sided schedule of SM. The beauty business does not have any relationship with this situation."


    here is the original interview.


    1. During the five years after their debut, the three members were getting really tired mentally and physically because of the one-sided schedule of company.

    Xiah, hero, and micky are the members of group TVXQ and they made debut in 2004. They had to travel Korea, Japan, and China and perform their schedules by sleeping only 3~4 hours a day except a week in a year by their management company, SM`s instructions. Their mental and physical health conditions were getting so worse because of the tired schedules, but SM tried to enter them to abroad and made unreasonable one-sided schedules. Finally, the three members realized that they cannot achieve what they want as artists in SM, and would be used as just tools to make profit of SM.


    2. The period of 13 years actually means whole life contract.

    however, according to their contract, the contract period is 13 years and would be more than 15 years including the military period that they will serve. And it means more than 10 years are remaining and it would be whole life contract that until when they would retire. And if they break the contract, they should pay more than three times of investment or two times of profit. Although they break the contract with the mutual agreement with SM, they have to pay the money. In other words, it was actually impossible to break the contract, so they had to follow them.


    3. The members never got appropriate treatment that reflects how they tried.

    It does not mean the members got appropriate treatment that reflects how they tried. Not only there was no deposit, but also they could get less than 10 thousand dollars only in the situation when the albums were sold more than a half million in one day, and if not, they could not get any money. according to the first contract. This was changed on Feb 6, 2009, but still the money that members are getting from the albums is only 0.4%~1% per person and it depends on how the albums were sold.


    4. The members requested the changes of the inappropriate contract several times, but SM did not care.

    In this situation, three members requested the changes of the inappropriate contract several times, but SM raised an issue about the beauty business that has nothing with this situation. Nevertheless, the three members wants to find a way that they could smooth over the problem so finally requested a conversation to SM, but SM did not answered it. Also, the attitude they showed us made them realized they cannot solve the problem with the conversation, and finally three members wants to use the legal way to solve this problem.




    5. The beauty business investment is not related to the entertainment activities and also has nothing with this situation. The true essence of this situation would be inappropriate contract.

    On the other hand, SM made a public announcement that members made provisional disposition because of the beauty business investment, but the beauty business investments nothing with this situation. The beauty business investment that SM made an issue is about the investment that three members invested to the beauty company entering to China, and it is a financial investment that has no relationship with entertainment activities. It does not make sense that `the members made provisional disposition that they might forgive everything they achieved as TVXQ because they invested almost 100 million dollars of money to the beauty company entering to China`. The true essence that the members wants to talk about of this situation would be inappropriate contract, and SM should stop trying to make an excuse immediately by telling about the beauty business investment that has nothing with this situation.


    6. the members does not want to disorganize TVXQ and just try to get rid of inappropriate contract.

    Lots of fans are worried about disorganization of TVXQ about this situation. however, making provisional disposition does not on the disorganization of TVXQ. Now, three members are participating the provisional disposition because of the difference of ideas about the way to solve the problem, but there is no problem between the members, and they are as same as the past that they want to keep promise they made with fans that they would be one forever together. If this situation change the inappropriate contract and they can do what they want as artists, everyone can be together as one in front of the fans.


    7. We will think it as the chance to be more mature.

    We are sorry that fans who care about TVXQ may surprised a lot and be disappointed, but if you try to think it would be the chance to be more mature for bigger dream, and cheer us, we will promise to compensate you as more mature TVXQ.




    쥬리아님께서 덧붙여주신 PS입니다
    P.S. To help your understanding as to why the number 3 of this article absolutely does not make any sense, it must be noted that there has been not many artists whose albums has been sold over 500,000 copies for almost a decade. On average, only about 100,000 copies are sold per album in the Korean music industry.


    틀린것, 수정할 부분 있으면 쪽지주세요 ㅠㅠㅠㅠ.....
    비루한 실력이지만 조금이라도 보탬이 되길..

    허락 안 받으시고 퍼트려 주셔도 되어요.!!

    Please spread this English version of article. You do not have to get my permission to move this article Smile.

    Original poster: H에이치
    Source: dnbn.org


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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Mon 3 Aug - 23:16

    SME's new official statement


    TVXQ's agency SM Entertainment has put forth another official statement to refute the one given by YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu's side today.

    SM sent their statement to various reporters at 8 o'clock on August 3rd and the content was full of points that refuted what Sejong had stated.

    SM began off by responding to Sejong's statement that there was a clause in the contract that stated that unless TVXQ sold 500K copies, they would not receive a single Won from the album sales. SME stated, "TVXQ has received, from when they debuted till now, a total of 11 billion Won (9.2 billion won given during the time + 1.77 billion won given beforehand) , luxury foreign cars (bonuses with no relevance to the contract). In contrast, SM Entertainment was in a deficit for four years after TVXQ's debut. The opposition (Sejong) has disregarded the fact that income divisions from CFs, events, and other income sources differs depending on the overall economic situation. They are only focusing on one bad side of this contract instead of looking at it as a whole."

    On Sejong's statements about the 13-year 'lifetime contracts,' SM stated that, "The Fair Trade Committee's seven year contract urge does not apply to singers. Also, it states that for singers who are working overseas, there is no limit to how long the contract can be."

    SM stated that, "We have been through five changes already in the contract with the members of TVXQ. And of those two, the clause regarding compensation if TVXQ were to cancel the contract was revised by the Fair Trade Committee," and "The other three times concerned the divisions of income and the first revision was January 2004 when they debuted. The next two times were in February of 2007 and 2009."

    Also, in regard to Sejong's statement that, "We (Sejong) have tried numerous times to talk with SME about a compromise," SME stated, "They have only started asking for a suspension of their exclusive contract after the three members sent us a certification of contents through the firm Sejong in June 2009."

    In reference to the members' statements that they were only sleeping 3~4 hours per day which resulted in bad health, SM said, "We have always compromised schedules for their health." And in regards to the cosmetic company, which Sejong stated was not the main cause of this lawsuit, SM stated, "This (the cosmetic company) is the real reason why they filed this lawsuit. This statement can be solidified by the fact that only the three members who have ties to the cosmetic company are filing the lawsuit."

    Regarding TVXQ's future, SM said, "We would like to solve this problem quickly with the three members who filed this lawsuit."


    Note: 11 billion won = approx $9 million

    Source: [joy news + DNBN]
    Translation credits: jeeelim5 @ iscreamshinki


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    Re: Three members' lawsuit against SM Entertainment

    Post by cottonpops on Mon 3 Aug - 23:38

    Seriously, SM is trying to put JaeChunSu in a bad light but whatever. I don't really care about who says what right now, I just want to know the verdict. Not that I don't trust the boys, more like I don't trust where this issue is heading as more official statements are released.
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    Re: Three members' lawsuit against SM Entertainment

    Post by cottonpops on Tue 4 Aug - 4:35

    Interview of DBSK's situation, the truth and distortion through an acquaintance



    The future of idol group DBSK is uncertain. DBSK's 3 members (JaeChunSu) and SM's trouble is too deep. Although they state that there will be no disbandment, in reality, disabandment is more likely. Even if they avoid the worst case scenario, disbandment, it feels like their departure of SM is set.

    On the third, an acquaintance of the 3 members said, 'Settlement with SM has been tried multiple times. But their differences couldn't be settled. The reason this went to court is because they couldn't find a point to settle' Thus they concluded that more attempts for negotiations was useless.

    The acquaintance that the reported met is someone who has watched over DBSK very closely. He has experienced all ups and downs since debut until now. According to him, DBSK adovocated for only one thing. They wanted conditions of the contract to be eased. However, it has gotten to a point where the conversations between the two parties have gone nowhere.

    He stated, 'They asked for the contract term and earnings distribution to be revised because everyone could tell it was irrational. They attempted to negotiate until the end but they felt that SM was avoiding them. Therefore, things got emotional and the 3 members are even more angry with SM's response'

    The Truth About The 3 Things That SM Distorted



    After the initial reports about this incident, SM sent documents on the 1st and 3rd. On the 1st, they reported that this problem was due to the makeup company investments and they will work it out. After the contract conditions were reported, they responded that members were paid 11 billion Won and were given foreign cars as presents.

    In response to this, he stated, 'The nature of this instance is the unfair contract, not the makeup company investment. However, SM has not mentioned the contract conditions and have continued to use the makeup company issues to play with the media'

    Additionally, he discussed about the 11 billion Won. He said, 'Let's say SM is right and that they were pain 11 billion Won for the 6 years of work. This is the pre-tax profit. After taxes were paid, and this amoun is divided by 6 years and 5 members, this is less than 200 million Won per member. For the first half of this year, the profits from album sales in Japan is 2.5 billion Yen (33 billion Won) However, DBSK doesn't even receive 200 million Won per year'

    The total number of albus released in and outside Korea is 48. Out of thse, including singles and full albums, 1.96 million copies were sold in Korea. In Japan for 4 full albums and 27 singles, 8 of those sold over 100 000 copies and one sold over 250 000 copies. Including Southeast Asia, at least 4 million albums were sold.

    He also criticized abnormal methods of calculating. According to him, 'SM requested money for back dancers and food. Basicall, almost all expenses were paid for by DBSK' He added, 'Besides this, SM created a local subsidiary and divided the earnings of DBSK int pieces. For example, SM Japan and Avex divided earnings and this was also divided with SM Korea. With complex division, the money for the members were reduced'

    Also, he stated that the foreign cars were given to them under the company's name. 'They received cars from SM after an award ceremony. However, the cars were registered in SM's name and is not owned by DBSK'

    The three members are as tired as they can get



    According to this acquaintance, the 3 members of DBSK are tired of SM's play with the press. They have no intention to solve this with mere words, and are extremely upset that SM is exaggerating only one side of the story, distorting the truth. He said, 'They expected SM to twist words with the press but didn't realize it would be to this extent. If SM continues this method, I think it would be nearly possible to work together with SM again. I suspect that they will part with SM and try to find a different solution to settle this.'

    Their departure from SM does not mean the disbandment of DBSK. He asserts that there is no problems in relationships between all the members. They are still like family and agree that in any situation, they must work together. He said, 'Truthfully, all five had the same intentions. But in the process of negotiations, there was differences between the members. That is why only 3 members decied to fight with their company. They all agree that the contract conditions are irrational, it is just that their way of handling it is different'

    DBSK will continue even after departure with SM



    Micky Yoochun, Xiah Junsu and Yougwoong Jaejoong's will is stronger than ever. the acquaintance reported that, 'The 3 members are showing stronger wills than before debut. The 3 members are determined to stick together no matter what hardships come their way'

    They are also determined toget back together as 5 members under the name DBSK. He revealed, 'Even if the 3members leave SM through lawsuit, this only means departure from SM. This does not mean the disbandment of DBSK. It may be after the 2 remianing members leave, or if they perform from 2 different companies, the 5 want to contiue with DBSK'

    Well then, if 3 members leave SM, would they still be able to use the name DBSK? Upon researching in the Industrial Property Office, the group name DBSK is not regstered. SM resgistered for DBSK trademark in 2004 but was denied. In other words, SM does NOT have the right to the name DBSK'

    According to a Mansung Patent Law Firm, the patent attorney Hwang Sung Pil said, 'Dong Bang means East and one cannot assert exclusive rights to use it. Most likely, this was probably the reason why the application was denied in 2004. SM cannot assert any trademark rights to the name. If the 5 members are together even away from SM, they will have no problems using the name'

    More than anything, DBSK feels extremely sorry for their fans. This is why they want to go through with performances that were already scheduled. The acquaintance reported, 'If they lose the lawsuit, they may have to pay an extreme amount of money for penalty. More than that, they are going through hard times thinking that thay will have to be away from their fans while the lawsuit is in process'

    Original article: Sports Seoul
    Credits: Song Eun Ju & Na Ji Yeon @ Sports Seoul
    Trans: j.adore@soompi.com
    Shared by: dbsknights@blogspot

    I made some screencaps of the original article over at Sports Seoul cos I just felt like screencaping that's all. Plus too much words.
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    Re: Three members' lawsuit against SM Entertainment

    Post by cottonpops on Tue 4 Aug - 10:38

    Park Chang Jong: 'SM, Fraud Against DBSK'



    Lawyer Park Chang Jong, former member of the National Assembly, who previously dealt with big cases such as Minerva and Park Yeon Cha cases, revealed his stance on the controversial DBSK case. He is the representative of Honest People and in a report stated that, 'It is clear that the contract DBSK signed with SM is a slave contract' He asserted in the case with SM Entertainment's battle , DBSK's comapy acts, according to the criminal law, can be considered as fraud against minors. He criticized the 13 years contract and especially stressed that it is a fraud against minors.

    According to criminal law Article 348, Clause 1, 'This type of fraud states that takingadvantage of the lack of judgement minors or disabled people can have and thus, profits from is punishable for up to 10 years of penal servtitude or for up to 20 million Wons of penalty'

    Following, SM signed a contract with DBSK who were minors, and thus were not in conditions to mae informed judgements and made immense profit. He added that this case must be taken as a lesson in order to eradicate the slave contratcs employed by many entertainment companies.



    He stated

    • By setting the contract condition for 13 years when the 5 members of DBSK were minors, SM took into cosideration of their life as entertainers and in result, tied them down for life
    • Upon cancellation of contract, required for penalty is 2 times the amount of future earnings
    • Upon signing the contract, did not confirm the original contract with the party
    • Concerning their earnings, required the album sales to exceed 500 00 copies for the parties to receive 10 million Wons the next year

    Further, he stated, 'The criminal acts by SM can be accused not only by DBSK members but a third party and this must be an opportunity to learn lessons eradicate the slave contracts'

    Original aticle: CBS
    Credits: Lee Jae Jun (CBS Politics)
    Trans: j.ador@soompi.com
    Shared by: omonatheydidnt@livejournal/community
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    Re: Three members' lawsuit against SM Entertainment

    Post by inoriluve on Tue 4 Aug - 11:24

    ya...i already read this new on cassie forum too before..
    omg..honestly sm.e totally freaking cruel to all three our dbsk member!!
    so selfish too i guess!!*so heartbroken*...

    poor jae's.yoochun and junsu ne..
    like i want kill sme now!!!
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    Re: Three members' lawsuit against SM Entertainment

    Post by Murasaki on Thu 6 Aug - 15:25

    It's so disturbing to see this. I'm really proud that someone actually had the courage to stand up against SM at last. I mean everyone knew they were treating their artists like slaves but unless artists themselves did something nothing would change. On the other hand it's very disturbing that only 3 of them moved on with that. I mean even if they don't have disputes between them now, inevitably at some point there will be some disagreement ><
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    Re: Three members' lawsuit against SM Entertainment

    Post by cottonpops on Thu 6 Aug - 21:21

    TVXQ Will Not Be Releasing Any More Statements

    TVXQ's 3 member, Youngwoong Jaejoong, Xiah Junsu and Micky Yoochun, who have filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request against SM Entertainment, have decided not to release any more official statements.

    SM has hired a lawyer to tackle the three members' lawsuit and the first hearing date has been set for the 21st. On the 5th, Sejong who is representing the 3 members, told people who have been asking about the 3 members' feeling about the situation and the 2 other members' relationship to this trial that , 'Since the hearing date has been confirmed, we believe that the right way to handle this situation is to deal with issues only in court'

    On a side not, TVXQ will be attending to their schedule regardless of the trial. They will be performing at the 2009 Jingoo Fireworks Contest held on the 6th in Tokyo and will be participating in the SM Town Live 2009 concert held on the 16th in the Seoul Jamsil Olympic Stadium. They also plan to attent the A-nation 2009 performances in Tokyo on 22 to 23rd and in Osaka on the 29th to 30th.

    Source: Sports Seoul + DNBN
    Trans: jeeelim5@iscreamshinki.net
    Shared by: iscreamshinki.net

    IMHO, smart move boys. I think its best to keep things low and in the court rather than releasing official statements that will only create more questions, more tension and more contraversy within the fandom and the insdustry. Even though this will only make the fandom more nervous waiting for the verdict and we don't know the progress of the trial, I hope we will respect the boys decision. Afterall, as much as we care/show concern about them, I'm sure they feel the same way about us too. I'm glad that they will be proceeding with SM Town Live, cos if they don't, I don't know what in the world will happen!

    Always Keep The Faith.
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    Re: Three members' lawsuit against SM Entertainment

    Post by nanadnakatsu on Sat 8 Aug - 0:29

    Oh my goodness. I just happened to read these just now.
    DBSK. disbandment. Totally in my nightmares. GOD GOD GOD. am sobbing so frickin hard right nao.
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    Re: Three members' lawsuit against SM Entertainment

    Post by cottonpops on Sat 8 Aug - 11:17

    Nana, you're sobbing? So is everyone else right now. But no worries, our boys won't disband. They're just standing up for themselves against SM. Always Keep The Faith Wink
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    Re: Three members' lawsuit against SM Entertainment

    Post by nanadnakatsu on Tue 11 Aug - 14:40

    Always keep the faith.

    Damn, what ever is happening now.
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    Re: Three members' lawsuit against SM Entertainment

    Post by ♥SarangYooChun. on Fri 14 Aug - 9:08

    [NEWS] Court Accepts TVXQ's 'SM Preservation of Evidence' Form

    On July 31st, three members of TVXQ, Xiah Junsu, YoungWoong Jaejoong and Micky Yoochun, filed for an Exclusive Contract Validity Suspension and Provisional Disposition Request Form, and the Seoul Central District Court has accepted the three members' Preservation of Evidence Request.

    The Seoul Central District Court has accepted the three members' Preservation of Evidence Request that they submitted on the 5th earlier this month through the Sejong Law Firm. This request was for the preservation of all receipts, transaction slips, account books and such to calculate the exact amount of TVXQ's income.

    It has been found that the Court demanded that SM hand in all documents relevant to this lawsuit.


    Source: [no cut news DNBN]
    Translation credits: jeeelim5@iscreamshinki.net
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    Re: Three members' lawsuit against SM Entertainment

    Post by cottonpops on Fri 14 Aug - 10:13

    You beat me to it, baby Evil smile

    Finally, some results from the court. So people should know that the boys have the right to know how much they're earning after all the hard work they've put in. I hope others won't perceive it the wrong way. As much as I want this to end in favour of the boys, I can't help but feel nervous!
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    Re: Three members' lawsuit against SM Entertainment

    Post by Heiwa on Fri 14 Aug - 19:35

    Oh good news finally!
    I'm a newbie in the Tohoshinki fandom and I just want they stay together for a long time Cutie pose

    PLEASE!!!!
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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Mon 31 Aug - 0:42

    090831 SM Did Not Hand In 'TVXQ Documents'


    The Preservation of Evidence request that TVXQ's YoungWoong Jaejoong, Micky Yoochun and Xiah Junsu has not been followed through.The Seoul District accepted the three members' request and asked their agency SM Entertainment to hand in all documents relevant to this trial. However, it has been found that SM has not hand in these documents even though the 20 days the Courts gave them expired on the 26th.

    These documents are crucial as the Courts even stated at the first hearing on the 21st that they needed documents relevant to this trial to come to a decision. The Courts stated, "After going through all the documents that must be submitted by the 26th, the Courts will come to a decision three weeks later on September 11th."

    This is because these documents will determine whether SME's claim that TVXQ earned 49.8 billion Won as well as their claim that SME earned 148.7 billion Won is true or not. This means that TVXQ's income and output will all be revealed. Many fans have stated that the amount SME stated was TVXQ's total earnings was very questionable. A lot of attention was focused on the trial as many believed they would be able to reveal and eliminate all monetary problems and rumors about the agency and the group.

    But in truth, it is hard for SME to adhere to this request. If SME submits all documents including account books, receipts and transaction, all their expenses and true income will be revealed. The secrets that may be revealed include 'company secrets' that SME has developed over the years to debut singers.

    One representative said, "We have already shown as much as we can for this trial. It is impossible for us to hand in all our documents relevant to this trial."

    Many fans have stated that the amount SME stated TVXQ earned was very questionable. They say that all the money from albums, events, CFs, photobooks, DVDs, and other services adds up to a staggering amount. Fans handed in a petition to the Human Rights Commission of Korea on the 28th stating that SME was violating the human rights of TVXQ with their exclusive contract.


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


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    Re: Three members' lawsuit against SM Entertainment

    Post by cottonpops on Mon 31 Aug - 8:46

    As much as I'm SM-bias when it comes to artists, I hope SM gets a penalty for this.
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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Wed 23 Sep - 11:45

    SM Entertainment (hereafter SM) filed a request to the court to cancel the submission of “preservation of evidence” application as being requested by TVXQ members Hero Jaejoong, Micky Yoochun, and Xiah Junsu, however, the request was rejected.

    One of the litigants through a phone call with Money Star News on the 23rd said, “On last 18th, the court rejected SM’s cancellation request of evidence preservation. Claimant side’s, the three TVXQ members, preservation of evidence application is still up and will receive document submission related to earnings from SM.”

    The Seoul Central District Court prosecutor explained the reason of the rejection, “The fact which has been drawn up is about legal relationship between the artists and their agency company, and in compliance with law of civil procedure article 2 section 344, the document holder side couldn’t refuse to submit the documents that become object of document submission order assertion from the complainants.”

    On August 5th, Jaejoong, Yoochun, and Junsu side submitted a preservation of evidence to the court to calculate the real income distribution of all TVXQ activities from SM Entertainment. The preservation of evidences demanded including accounting books, contracts, receipts, journals, and any relevant documents related to the income distribution calculation.

    With the court rejection, seems that the document release by SM is now inevitable.

    Currently both sides of SM and 3 TVXQ members has been waiting for the court decision after the first hearing on 21st last month.


    ---
    Source: star.mt.co.kr + cbs
    Summarized trans by: sharingyoochun@wordpress


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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Thu 24 Sep - 8:54







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    [TRANS] SNSD's Yoona And TVXQ To Be Witness

    Post by cottonpops on Tue 29 Sep - 9:22

    Yoona of Girls' Generation and the members of TVXQ are being issues, for they are selected to be witnesses of the parliamentary inspection of the administration which will proceed most probably on the 5th of October.

    Seung Deok Kho and Mun Hwan Jo, members of the Grant National Party have requested Jaejoong, Junsu and Yoochun of TVXQ, Yoona of SNSD and Lee Sooman, to be witnesses regarding the unjust contracts agaisnst entertainers at the Administration Of Inspection Of The Fair Trade Commision.

    Parties concerned are claiming that even if they are selected as witnesses, the chances of attending the parliament is very small.

    News by Kwon Ji Hyun of DCNews

    Source: DCNews + segye
    Trans: ahgo306@OneTVXQ.com
    Credits: OneTVXQ.com {One World.One Red Ocean. One TVXQ!}
    Feel free to repost, but please leave the full credits intact. Thanks!
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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Wed 14 Oct - 10:20

    091014 TVXQ Fails to Reach Agreement with Agency




    The three members of the boy band TVXQ who asked the court to suspend their contracts with their agency, SM Entertainment, have failed to reach an agreement with the agency.

    The Seoul Central District Court tried to settle the matter on September 30 between Xiah (real name Kim Jun-soo), Hero (real name Kim Jae-joong) and Mickey (real name Park Yoo-chun) and SM Entertainment, but to no avail.

    The three members reportedly refused to negotiate. The court will not summon the three members again and will reach the final decision soon.

    The three TVXQ members applied for provisional disposition on July 31 citing unfair terms and conditions of their 13-year contracts with SM Entertainment.


    Source: KBS GLOBAL
    Shared by: skip2myliu33 @ soompi + OneTVXQ.com


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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Wed 14 Oct - 10:20





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    Re: Three members' lawsuit against SM Entertainment

    Post by huongle on Wed 28 Oct - 5:32












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

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    And, this is complete s**t ;__;



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