As the title says...
My Tohoshinki/THSK/ Tong Vfang Xien Qi/TVXQ/ Dong Bang Shin Ki/DBSK/ Dong Bang Shin Gi/DBSG/ 동방신기...
This is where I keep all my fave band's stuff, or goodies as fellow Cassiopeians/ 仙后们 will call them...

Sunday, May 9, 2010

[080510] Developments Concerning the First Public Trial Between SM Entertainment and TVXQ’s Jaejoong, Yoochun, and Junsu

- First public trial between SM and TVXQ’s three members ends
- SM representative Kim Young Min expresses interest in offering a new contract to the three members
- Court judge who is in-charge of TVXQ lawsuit advised, “Once the contract is changed, the five members can be active again”

The public trial regarding the exclusive contract that has brought about the dispute between SM Entertainment and Micky Yoochun, Xiah Junsu and Youngwoong Jaejoong has finally taken place. The legal representatives of SM and the TVXQ trio appeared at the Seoul Central District Court on the 7th of May at 5PM to proceed with the case held last month regarding the sequestration of the existence of the exclusive contract.

However, May 7th’s hearing between both parties failed to narrow differences as each party stood their grounds.

SM’s side stated, “Compared to the other domestic entertainment agencies, there is nothing unreasonable about TVXQ’s distribution of income,” and that the exclusive contract’s conditions regarding distribution of income should not cause any more major problems for the TVXQ trio. On the other hand, the three members of TVXQ felt that “the distribution of time and income in the contract between TVXQ and SM has reached an extent where it is seriously unreasonable.”

As of now, both SM and the three members have no actual intention of having a settlement. Sejong also maintained that “Because of this matter, there has been a breach of trust between the three members [and SM]” and that “The three members will never be able to work with SM again.”

SM’s representative stated that, “As business partners, we hope to restore trust with one another; in comparison to other domestic artistes who are on the similar level as TVXQ, while the remuneration received by TVXQ may be lesser, it is definitely not unfavourable to them.”

SM’s representative then claimed that “If we offer a new contract, we can cut down 2 years from the original 13 years, and increase the income distribution rate from 10% to 15%.”

From the Court:

The court asserted that both parties are “emphasizing on the causes of loss rather than the possibility of a settlement.”

In reference to the injunction held by the Seoul Central District Court to stop the effectiveness of the exclusive contract, Judge Choi Sung Joon, who had presided over the first round of the trial, has advised several times that “[O]nce the contract is changed, the five members can be active again.” Although the TVXQ’s trio’s legal representative has expressed strongly that “there is no possibility of [the three members] working with SM Entertainment company in the future,” it seems that the court hopes for both parties to take a step back in their stand towards each other, from the numerous advice given by Judge Choi.

Judge Choi also said that SM has been actively trying to reach for a settlement. At the same time, he advised for “SM to come up with a new form of contract; to shorten the contract from 13 years to 10 years is of no significance. Hopefully they will consider coming up with a new form of contract.” SM’s legal representative responded positively by stating that “they will hold an internal discussion” in regards to that. The three members’ legal representative has also expressed a form of compromise by stating that “if the new exclusive contract is sincere, we will confirm the opinions of the three members.”

A public trial will be expected to continue at the end of this month.

Sources: NoCut News Korea, Asia Economic News Korea, Naver News, HEY!JJ 1, HEY!JJ 2,XiahSun, JoongAng Ilbo China
Translation:kimuchi3005 @ { One World. One Red Ocean. One TVXQ! }
Feel free to repost, but please leave the full credits intact. Thanks!


T/N: This is NOT me. I found this on Yuaerubi (in a section only open to upgraded members) and thought that you all should read it. Recently, my rights as a translator were questioned for deciding not the translate something so here I am leveling out the playing field. You know as much about this as kCassies do now. Things have been bolded for your convenience. DO NOT SHOOT THE MESSENGER. kthnxbai

Today was the hearing between sm and the three members...
First of all, my personal thoughts have been put into this so please take that into consideration as you read it. I should have written stuff down while I was there T_T...
I don't remember everything... but I will write everything I remember here.
When I went, there were a couple of reporters and... President Kim Young Min as well as some woman, and that woman kept sighing... like someone who was innocent and being unfairly treated... throughout the whole trial, especially when the three members' lawyer was talking...
(I know now that, that woman is the President of SM Japan)

I'll talk about what is being talked about between our stars (Cassiopeia) first. You have to know this.
I see a lot of our stars saying that the three members should agree to the conditions laid out today, but remember that SM was not the ones to put forth those conditions!!!

If you look through the articles about the conditions...
The idea came from the judge near the end of the hearing,
The judge gave SM's representative a very extreme example and asked him if SM would be willing to change the three members' contract if the terms of contract were a year long and if the contract was entirely different from the current one.
SM's representative told the judge to ask that to Kim Young Min,
Kim Young Min stood up (to me, he looked kind of hesitant) and said, "We would be willing to come to a settlement."
It felt like he was saying that they would be willing to consider but not that they would agree on a settlement for sure.
To this, the judge asked the three members' side the same question, and the lawyer talked as if he had no inclination to come to a settlement.
It did seem as though he was watching what he said as the three members weren't there, but he said that the three members didn't really want to come to a settlement..
So the judge asked if a settlement was impossible and the three members' lawyer said something about personal trust and that the relationship between the three members and SM had become too tight.

And overall... this was a bit.. iffy.. but personally, I thought SM's lawyer spoke very well. I almost felt as though I was being persuaded?
What he said sounded so credible... but he was a bit arrogant? He sat crooked in his chair, and I felt that the way he spoke was a little arrogant too.
Compared to him, the three members' lawyer was... so lacking that I wanted to speak instead of him.
The judge was kind of throwing questions at them in a kind of attacking way and was able to pick out all the flaws in the arguments.

And he said that two out of the three members had credit lines (*please see below) and asked SM how they were going to explain that.
+)The judge said to SM's side, "You said that two of the three members have credit lines, right?" SM tried to say, "No, one..." but the three members' lawyer cut in and said, "It's two."

And Crebeau wasn't brought up that much.

SM's side stated that SM balances accounts biannually. The three members' side stated that this all happened partially due to the fact that the members' wages for the first half of 2009 weren't right, so SM had told them to come check for themselves.
The information for concerts and activities aren't sorted into TVXQ, Super Junior, SNSD, etc, but it comes all together in the groups of 200X, month X, day X so SM said all the information they had could store a container truck.
They said that was why they did not submit the documents to the Courts, and they told the three members to come check for themselves, but a representative of the three members came instead. So the judge asked SM why the three members had to come, and why the representative simply couldn't have been given the files to give to the three members. SM's representative stated that the members themselves would know best of what they performed in so they should personally come...
Anyway, they still haven't been able to properly check this as there wasn't an answer.
(Sorry... I don't remember a lot of this part...)

Also, the three members' lawyer said that he received a copy of the accounts but the specifics of what came from where were not written on them.
For example, it said that TVXQ earned 3.4 billion Won from their first Asia tour concerts that had a total of 14 performances but in their second Asia tour, that had a similar number of audience members and a couple of extra performances, they earned 1.5 billion Won less (I don't remember if he said that it was 1.5 billion Won less, or that it was only 1.5 billion total).

Therefore, he said that he couldn't trust SM,
and for the Japanese activities, TVXQ earned over 99 billion Won but no money ever gets to them, and that their Japanese earning are split between AVEX and SM Japan, and then to SM and then to the members.

He was questioning where all that money went... (sorry;; my memory is....) and the judge asked him what his point was, and also asked if his point was that he can't trust in AVEX, and if the members can't trust in AVEX, why they renewed their contract with the agency.
The lawyer said that it wasn't that the three members didn't trust AVEX, it was that they couldn't trust what came after AVEX... something like that.

In conclusion, the judge said that neither side seemed to want to back down from their stance and that it would be hard to reach a settlement.
+)But the three members' side did say they would talk to the three members about it again.

If I could say one more thing, I think SM has a lot of evidence prepared for this lawsuit. Every time the representative opened his mouth, he would say that he would submit it all later........

When people were leaving after the hearing... I went out when Kim Young Min was leaving.... and I almost swore.... he was smiling as he was walking out and he had such a... confident expression on his face.... I personally thought the judge was leaning towards SM's side.. (that's a personal thought)
Anyway, the lawyer was very convincing... I would get so angry, I wanted to get up and speak for the three members instead.. they would say ridiculous things..... as I said, I'll add more when I remember it.

(Sorry for the continuous adding of new things... I keep remembering things..)
Near the end, when they were talking about a settlement, the judge asked for the three members to say something about it themselves,
but the three members' lawyer said that it hadn't been long since the three members were no longer minors and they might not be able to speak well in such a situation.
The SM lawyer sneered and said, "They aren't kids anymore, are they?".... His voice was dripping with mockery.. (from a personal standpoint)
Honestly, the three have never been to such an environment so it is true that they might not be able to speak well,
I think that was why the lawyer said such things.... um....

And what the three members' side was emphasizing was performing activities as five.
That the three members really wanted to perform as five..

They were told to submit all documents by late-May... that will probably be when the verdict is made..?
And what I've written here contain no lies, they're all things I saw and heard.
I hope that our stars believe in them and wait for them till the end.

T/N: Line of Credit - A line of credit is any credit source extended to a business by a bank or financial institution. A line of credit may take several forms such as cash credit, overdraft, demand loan, export packing credit, term loan, discounting or purchase of commercial bills etc. It is like an account that can readily be tapped into if the need arises or not touched at all and saved for emergencies. Interest is only paid on the money actually taken out. The concept has been introduced recently after the East Asian Crisis. The government can borrow money from international monetary institutions without having to handle the problem of an increasing foreign exchange reserves.

Lines of credit are often extended by banks and financial institutions to credit worthy customers to overcome liquidity problems (source: Wikipedia)

Source: [Yuaerubi]
Translation credits:
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TVXQ 3 Members "The unfairness of the contract is grave" vs SM "The way we treat TVXQ is not bad compared to other agencies"

Three members of TVXQ (Xiah Junsu, YoungWoong Jaejoong, Micky Yoochun) and SM Entertainment had their first hearing today regarding an objection to the verdict on a contract suspension injunction that was made last year, and were unsuccessful in closing the gap between their conflicting stances.

The legal representatives of the three members of TVXQ and SM met at the Seoul District Courts at 5 p.m. on the 7th to state their stances on the lawsuit made by SM Entertainment regarding an objection to the contract suspension injunction verdict.

This hearing was held after SM filed for the lawsuit on April 12th as an objection to the partial acceptance verdict made by the Courts last year.

At the hearing, SM's representative stated, "Compared to other agencies in Korea, TVXQ's income division is not unfair," and emphasized that TVXQ's income division was not a pressing issue in the exclusive contract.

The representative also strongly questioned the three members' action of signing a separate contract with their Japanese agency AVEX although only the contract suspension injunction, not the actual lawsuit, had been partially accepted by the Courts.

On the other hand, the three members' representative stated, "The length and the income division section of the exclusive contract between SM and TVXQ is so unfair that the situation is very grave."

The judge in charge of the hearing (Judge Choi Sung Joon) questioned both sides of the possibility of a settlement, but no groundbreaking outcome came of it.

The Courts asked both sides whether a settlement could be made if the contract was fixed but received different answers.

When the Courts asked both sides if a settlement would be possible if the Courts shortened the length of the exclusive contract and if the income division was made more equal SM's representative said "Yes, a settlement would be possible," but the three members' side gave a skeptical answer and said, "The three members have lost their faith in SM and they think negatively of the prospect of working with the agency again."

However, the three members' side stated near the end of the hearing that, "If SM's desires for a settlement are sincere, then I will talk to the three members and will report back to the Courts."

On the other hand, Kim Young Min and Nam So Young attended the hearing as SM and SM Japan's representatives respectively but none of the members of TVXQ attended. The Courts will examine all files submitted by both sides till the end of this month and reach a verdict regarding SM's objection to the contract suspension injunction verdict.

Source: [spn edaily]
Translation credits:

キット (^^,)v
언제나 비가와도 칠흙같이 캄캄한 어둠이 와도...
그대 곁에서 기다릴께 ...
Nothing better than that...
[Color - Melody & Harmony]
For someone’s sake
we are here,
Although we can only achieve small things,
Even just for 1 second,
We still want to stop all the tears in this world,
And turn them all into smiles
My music is my life
For you, for your smile...
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