[TRANS] 111101 Toshiro Ono blogs: Signs of Progress in Ongoing Lawsuits between JYJ’s side & Avex/SM

Note: Toshiro Ono is a freelance nonfiction writer who writes mostly about the mafia and crime. Below is a translation of his blog entry that details actions taken by both sides of the CJeS and Avex lawsuit, as well as his thoughts on the reasoning behind those actions.

Signs of Progress

The below is from records of the trial between C-JeS Entertainment and Avex Management at Tokyo District Court. (Trial Material for Civil Section 29. 2011(ワ)No.17612, Plaintiff : C-JeS Entertainment, Defendant : Avex Management Document prepared by C-JeS Entertainment on Oct. 19, 2011)

The “attorney for the plaintiff” mentioned here means the attorney representing C-JeS in the trial at the Tokyo District Court.

“On Sept. 22, 2011 the attorney for the plaintiff [T/N: attorney for C-JeS in Japan] received a call from Attorney Jihye Shin who is representing JYJ in Korea saying “We received a request from SM for reconciliation for both the trial in Korea and Japan. However we find it difficult to understand their true motive in making this request.”

Recently in the lawsuit in Korea concerning the validity of the exclusive long term contract between management companies and artists, the Supreme Court ruled that long term contracts between management companies and artists are invalid, signifying there is a high chance that the Korean court will rule in JYJ’s favor in the lawsuit between SM and JYJ. It can be presumed that SM, because of this turn of events, decided that it would be better to resolve the lawsuits in both Korea and Japan at once by reconciliation. Also, the request made by SM to Attorney Shin assumes that the defendant [T/N: Avex Management] will follow SM’s instructions. Therefore it is easy to presume that the defendant is obstructing the management of JYJ in Japan out of concern for the wishes of SM.”

[rest omitted]

Source: Toshiro Ono’s Blog
Translation by: TheJYJFiles
Please do not add, alter, or remove the credits.

[TRANS] 110905 C-JeS Says, “One Billion Won Lawsuit? This Has Nothing To Do With JYJ, Only The Composer Mr. K”

“This has nothing to do with JYJ. We’ve never received any investments or documents for the album’s production costs. Everything has to do with the composer Mr. K.”

The agency of JYJ, an idol group whose members are from TVXQ, has released an official statement on the lawsuit against them and stated, “We are baffled and on a false charge.”

Through a phone conversation with Newsen, a representative of C-JeS Entertainment stated on the 5th, “We read the article that stated that there was a lawsuit filed against us, and we’re extremely baffled by it. In other words, this whole thing is ludicrous. The charges have nothing to do with us, and we’ve never received any investments or documents for the album’s production costs.“

The representative added, “We are currently consulting the case with our lawyer but as no documents on the issue were passed between the two sides, we have not yet decided how to tackle the situation.”

According to the Seoul District Courts, the production company Asia Bridge Contents signed an album production contract with the popular composer Mr. K last February and paid him one billion Won in advance across four payments from March till April. But Asia Bridge Contents has filed the lawsuit against JYJ’s agency in order to retrieve their one billion Won in advance payment.

To this JYJ’s representative emphasized, “This has nothing to do with us but they’re demanding that we pay them back for the advance payment. This is ludicrous. We never received any advance payment from Asia Bridge Contents and this lawsuit should be against the composer Mr. K.”

Source: [newsen]

Translated & Shared by: dongbangdata.net

[FULL TRANS] Statement by JYJ’s Attorney, Im Sanghyuk, on Avex

[JYJ3 Note: This interview with the Attorney Im was published in September of 2010. Notice just how consistent JYJ and the people around them have been, all this time. This contrasts dramatically with SM and Avex who have been sopredictably inconsistent, changing their positions and eating their words multiple times.]

[Interview] Attorney Im Sanghyuk, the Legal Representative of the 3 Members

The legal representative of the 3 members, attorney Im Sanghyuk (Lawfirm Sejong) revealed in an interview with this reporter on the 17^th that: “Avex demanded multiple times for changes to the contract that the members could not easily accommodate, such as the ratio of profit distributions and more.”

Attorney Im Sanghyuk disclosed: “In particular, even though it was agreed that with regards to the activities of the members all points would be proceeded with upon obtaining consent of both parties through reaching an agreement, among the demands that Avex made were the power to determine the schedule unilaterally, and such other contents which could not be easily accepted on common-sense grounds.”

Attorney Im explained the theory that Avex has put up as the excuse for suspending JYJ’s activities, that the director C-JeS was connected with a gang: “The person in question, Director Paek himself, has gone so far as to notify Avex that if such was really the problem he would get out of the contractual relationship, but Avex did not accept this. In the end, we came to the conclusion that to proceed [with the relationship/discussion with Avex] in a normal manner would be difficult.”

In fact, the members of TVXQ had revealed in a previously-announced press statement that said: “Many months ago, Avex has cited the above reason to demand a contract that excludes C-JeS, and the 3 TVXQ members have accepted this in order to do activities in Japan smoothly and diligently participated in the discussions of renewing the contract.”

Attorney Im said: “If one examines the series of events, there are many circumstances (asserted) by Avex that can only be accepted only when forcibly [stretching one’s logic/imagination]. If Avex refutes this, our side will make public additional contents.”

Attorney Im added: “The essence of this dispute is that contrary to the content of the existing contract, the management company has presented conditions that are unilaterally disadvantageous to the affiliate entertainers and so havesuspended their activities without regard to the intent of the members. Despite this, it is saddening because it seems that the focus is becoming dimmed due to the attention of the public flowing to the director of C-JeS who has no relation to a gang.”

Attorney Im criticized that “it is an immoral deed to tie the feet of TVXQ because Avex cannot fulfill its avarice,” and repeatedly emphasized: “I will put much effort to resolve this without fail so that the 3 members can engage in activities in Japan smoothly.”

Source: Ohmynews

Translation Credit: JYJ3

Shared by: ourJYJ

[INFO] Comprehensive Account of JYJ vs. SM March 15, 2011 Court Hearing

Compilation and explanations by: Inklette@DNBN
Sources: 1, 2, 3, @withJYJ and @inhye87 of withJYJ, DC TVXQ Gallery, esc님
Shared by: TheJYJFiles

Comprehensive Account of JYJ vs. SM March 15, 2011 Court Hearing

Comprehensive Account of JYJ vs. SM
March 15, 2011 Court Hearing

*Please click on image to enlarge

Compilation and explanations by: Inklette@DNBN
Sources : 1, 2, 3, @withJYJ and @inhye87 of withJYJ, DC TVXQ Gallery, esc님
Shared by : TheJYJFiles

[News] C-JeS to Sue Investor Park and H Dream for Defamation and False Charges against JYJ

C-JeS has decided to take strong legal action against investor Park and his company H Dream. Park sued a person named Kim XX but also listed C-JeS and Warner Korea as co-defendants even though his suit had nothing to do with them.  (See here for the original article)

JYJ-Side, On the Fraud-Claim of Last Year’s Concerts, Takes Strong Legal Action

C-JeS Entertainment, which is in charge of JYJ’s management, has decided to take strong legal action against the relaying of one-sided claims that argue that [Park] has suffered damages due to fraud relating to the last year’s American Showcases.

H Dream (T/N: Park’s company), which sued arguing that it was defrauded by Kim XX who claimed to be a subcontractor for the JYJ’s American tour, included/mentioned JYJ and C-JeS in its complaint that it distributed to the media outlets.  Against this, C-JeS plans to take strong legal action.

The complaint that H Dream distributed to media outlets only provides that it invested in Kim XX.  There are no specific information that relate to C-JeS Entertainment or Warner Music.  There are only unilateral speculations.  Therefore, it is beyond doubt and is obvious that the above fails to establish fraud (for C-JeS). This action is of course a False Claim against Innocent Parties, and also is a Defamation through publishing upon false facts. Therefore, C-JeS has decided to counter this strictly, through law.

Law Firm Sejong’s attorney Lim Zhang Hyuk, who is representing C-JeS, said: “There always has been actions like this one (by H Dream/Park) which used the fact that entertainers are reluctant to become a subject of articles in unpleasant contexts (T/N: to get money or other benefits from the entertainers).  JYJ has so far already received unfair requests many times and have endured them. But this instant case is one that seriously overstep the limits of what can be endured, and so C-JeS decided to take strong legal action.” The attorney further said: “Cases such as this one is a chronic harm suffered by not just JYJ but other entertainers. [We] request that fans and the media cooperate (in their dealings) so that cases like this one do not happen again.”

Furthermore, C-JeS Entertainment Director Paek Chang Ju said: “The one who suffered financial and psychological harm due to the inexperience of the promotional agency of the American Tours was us. JYJ, because they made a promise with the fans, did not ask (the promotional agency) for blame but paid themselves all additional costs to complete the concerts. Despite this, [Park and H Dream] distributed to the media a complaint that had nothing to do with us. For this, we are taking strong legal action.”

Source: Sports Chosun

Credit: JYJ3

The Reason Why JYJ Had No Choice but to Sue

Posted by Seo Yoonah-pierrot, @followyas and @babyblue
Original source: Naver Mongeul Mongeul blog

The March 15 SM vs JYJ Hearing

1.  The alleged reason why the [Dong Bang Shin Ki’s] members’ earnings were so little was that everything was attributed as overhead expenses. It was revealed today that what SM counted as overhead expenses included such comically ridiculous items as snacks, daily expenses of SM executives and staff, parking fees, cold medicine, meals, entertainers’ transportation (ie, plane, car), rent, concert agents’ costs, various taxes and expenses that should have obviously been covered and borne by SM.

2.  SM claimed that in 2008, of the 14.7 billion won (roughly 14.7 million USD) in royalties earned that year only 1 billion won (roughly 1 million USD) came from Dong Bang Shin Ki, and the rest came from CSJH, BoA, the Trax and Koh Ara [T/N: A Korean actress under SM]. Those who know of Dong Bang Shin Ki’s popularity and selling power in Japan and abroad know how baseless this claim is. (The judge asked if Koh Ara really brought in more revenue than Dong Bang Shin Ki, at which SM’s side could not respond). At this point, many in the courtroom even burst out laughing.

3.  In 2008, SM transferred the required 10% of digital download sales [to Dong Bang Shin Ki] but in 2009 didn’t even bother to do so.

4.  The total earnings from the world tour amounted to 3.4 billion won (roughly 3.4 million USD), but of the amount that was supposed to go to the Dong Bang Shin Ki members, [SM] subtracted 900 million won (roughly 900,000 USD) as agents’ fees.

5.  The money that was handed out as advances was later deducted as personal taxes. If only [SM] had done their accounting properly there would have been no need to pay such taxes on these advances.

6. The [Dong Bang Shin Ki] members were made to pay for the agents’ fees for their concerts abroad, music videos and even choreography expenses.

7.  Even given the sales of Mirotic accounted at 480,000 units, [SM] was supposed to pay [the members] 50 million won (roughly 50,000 USD) but didn’t for the reason that the next album hadn’t come out yet.

8. In 2004, [the Dong Bang Shin Ki members] were accounted the 3-4 months’ worth of profits for the single “Hug”, but the accounting records reveal that after that they received nothing on the sale of their albums.

Ultimately, the [Dong Bang Shin Ki] members were burdened with all the costs.

So what exactly is SM insisting it invested? [T/N: the author is implying that SM’s justification that the financial arrangements in DBSK’s contract were necessary to recover investment costs is in fact one big, elaborate lie/fraud. All the major investments were made by the DBSK members; the DBSK members were in fact forced to invest in the company that supposedly invested in them]

What kind of calculation method is this?

The more they are active, the more they lose money… how is there anyone that thinks this makes any sense?

If this is how much SM screws around in court, one wonders how much more severe is their screwing around in real life.

All the information revealed at the hearing is the result of SM having tailored and bent the facts in their favour, and yet it still renders one appalled. One wonders how much more shocking the uncensored version is.

And now, the judgment that was originally due out today has been extended once more to a fourth hearing thanks to SM’s latest claims/antics.

But everyone, be aware of the truth.

Sources. @followyas, @babyblue1225

Translation by. Jimmie of TheJYJFiles

Shared by. TheJYJFiles

[Trans] 110315 4th Trial Of SM Vs JYJ.. SM Treasurer Appears As A Witness

The fourth trial of the lawsuit between JYJ and SM Entertainment took place on the 15th.

Last April, SM filed an exclusive contract validity verification and compensation for losses lawsuit against the trio to which the trio filed an exclusive contract invalidity verification and unjust profit restitution counter-lawsuit against SM. On the 15th, the two sides held a hearing.

The trial that was held this day included an examination of a witness, Mr Yoon, who was in charge of handling TVXQ's income and accounts in SM Entertainment.

At the trial, Mr Yoon stated, "SM artistes settle their accounts twice a year for the income from overseas and domestic activities and album sales. Before the accounts are settled and the artistes are paid, the celebrity, his or her manager, the treasurer and his or her parents get together, make sure that the income division is done exactly according to the contract and sign a paper stating that the correct income division was carried out. This information is also looked over by an accounting firm."

He continued to state that TVXQ's income division was done through a legal and just process as he said, "The trio have never voiced a complaint about the income division till now. The income division has always been done according to the contract with consent from the trio, and we have never omitted any profits or expenses."

Also, Mr. Yoon explained the process behind TVXQ's income division as well as the members' expenses, income and salary received in advance. He also gave thorough answers to the questions given by the lawyers of SM and the trio regarding album sales and royalties.

The trio did not attend the trial. The next trial will be held on April 19th at the same location and the Courts are planning to hold an examination on another witness, Nam So Young, the CEO of SM Japan who was in charge of TVXQ's Japanese activities.

Source: [spn edaily+Yuaerubi]

Translation credits: jeeelim5@tohosomnia.net

Shared by: tohosomnia.net

[Info] 110312 Transcript of what happened in the hearing today

The Admins are working on a more detailed post, but here is a preview of what is to come. ^^

On the issue of the Net Profit of 14.7 billion KRW (approximately 14.7 million USD) in 2008:

SM: Of that, the portion from TVXQ was only 1 billion KRW. The rest came from BoA, CSJH (Chun Sang Jee Hee), and The Trax.

JYJ’s law firm: Wow, so CSJH must have made more money in Japan than TVXQ!

SM: …;;;;;;

————————–

On Expenses

From The Nameless Song Part 1: 

...Finally one day we had claimed #1, what we’ve desperately longed for.
That day had come.
From then on, everything started to go well.
Profits reached hundreds of thousands, swept every award and we really felt our success.
Finally we heard that we had hit it big, had raised profits beyond our imaginations
With spring in our steps we went to the company on our pay-day.
Each teammate looked at each other with excited eyes.
We praised each other, that we had worked hard.
On the accounting statement we received, our performance was in the Minuses.
When I checked again, thinking that I had mis-seen– Everything was expenses.
Damn. All of the so much that there was, had slipped out as expenses.
Just what kind of expenses were they, to make so much that there was fly away, to where?

Today’s Hearing revealed that the “Expenses” that members had to pay for included everything,... from snack costs and the SM Executive and Staff’s Gas Money and Parking Fees.

————————-

On Whether SM Ever Calculated How Much the Members were Due

SM: Your Honor, we do have evidence that we calculated the money owed to the Members, with the Members. 

*Shows a document on TVXQ’s debut single “Hug” from 2004″

Court: … *waits for more documents*

SM: …*stays silent*

Court: …AND??? (Where are the documents that show SM did the calculations for albums after TVXQ’s first single in 2004? TVXQ released albums under SM until 2009.)

SM:…;;;;;; (In the end, SM failed to produce any more evidence beyond the single document from 2004.)

————————–

On the 50,000 USD Due to the Members After Mirotic Sold Half a Million Copies

(Under the revised contract, the members were supposed to be paid 50 million KRW (50,000 USD) if they sold over 500,000 copies of an album. Mirotic sold about 540,000 copies.)

Court: So why didn’t you pay the Members the money?

SM: Your Honor, Mirotic only sold 480,000 copies. We were supposed to pay only if it sold over 500,000 copies.

JYJ’s law firm: But Mirotic sold 540,000 copies. *shows evidence*

SM: …;;;;;; Well, it’s actually that we were supposed to pay only on the condition that there be a next album… and

Court: Stop. Not Accepted. (SM rejects SM’s excuse. 50,000 USD for an artist who sold 500,000 copies is ridiculously small, especially when divided into five, but SM didn’t even pay the Members that.)

Source: DC TVXQ Gallery, esc님

Credit: JYJ3

[News] (Why) “Save JYJ” 80,000 Fans of the Korean Wave from 118 Nations Submit Petition to Court

Source: Chosun

Translation by: Inklette of DNBN

Shared by: TheJYJFiles

Even the court cannot free the invisible shackles enslaving JYJ

Hankook Ilbo, March 2, 2011.

[Report by Ji Eun Choi, cje@hk.co.kr]

“There would be no end if we try to go into all this…” A staff at C-jeS Entertainment, the agency of JYJ(Jaejoong/Yuchun/Junsu) from TVXQ was very unforthcoming on the phone interview, on March 2, 2011. I expected that they would react furiously after the cancellation notification of JYJ’s real documentary program from Q-TV, but their reaction was completely opposite. C-JeS only announced that “the JYJ reality program that was intended to show the up-close and personal aspects of JYJ’s recent life and everyday lifestyle has been cancelled.” on its website, and has been refraining from taking more action after the cancellation. It is not the first time for JYJ to have these kinds of unfair treatment during the this conflict with their former management company, SM Entertainment. But how bad is the retaliation that they can’t even say about a word after a wrong has been done to them even if they have gotten used to it?

JYJ’s documentary was scheduled to be broadcast in February under the title  “JYJ’s Real 24.” It was not a major broadcasting channel but it held a special meaning for them who had not been able to make appearances on TV after releasing their first album “The Beginning.” Also fans looked forward to the program when it was said that JYJ, whose private life have mostly remained hidden behind a veil, would reveal their private life including the insides of their houses. Everything seemed to go smoothly as QTV promoted the show extensively through it website. Then, the premier show date was delayed until finally the show itself was canceled. QTV stated that “our broadcasting company did not produced the show, and the show was simply canceled due to scheduling conflicts with our other programs. There was no external pressure.” However, no one is buying into their story.

JYJ were almost blocked completely on their appearances on music and entertainment programs despite their huge popularity. They only appeared on cultural programs or morning shows such as ‘Good morning of BAE Gi Wan/CHO Hyoung Gi/CHOI Young Ah.’ In the end, fans of JYJ made an internet broadcast for JYJ planned to launch on March 3, 2011. Producers of broadcast company say that the root of this invisible shackles enslaving JYJ is an organized interference from the large management company SME. Last month, SM was ordered by the court not to interfere with JYJ’s entertainment activities and pay 20 million KRW for each interference it had made. However, everyone guessed wrong when they thought that JYJ would be free for their activities. In the light of the fact that Q-TV suddenly canceled the show after a big promotion, it seems that JYJ will continue to have difficulties in future appearance on TV.

Recently, JYP Entertainment accepted the apology of Jay Park (Jae Beom Park who left 2PM due to the controversy about his privacy) and requested that KFPCAI release him from the restraints imposed on his entertainment activities. This news was packaged nicely and reported as ‘an admirable story’ where the conflicts between the two parties were finally resolved peacefully after over a year. However, it’s more like a horrifying tale that demonstrated how someone could end his/her career in the media if he/she has been singled out by a large management company. Is there no way of stopping this tyranny of the giant management companies that ignore even the court’s ruling?

Original Article: http://news.hankooki.com/lpage/culture/201103/h2011030222140886330.htm

Credit: DC TVXQ Gallery