[identity profile] unreal.livejournal.com posting in [community profile] omonatheydid

source star.mt.co.kr + CBS
summarized translation sharingyoochun

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.
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Date: 2009-09-23 05:56 pm (UTC)
From: [identity profile] labobo93.livejournal.com
Good job, SM.
Now you totally don't look like you're hiding something.

Date: 2009-09-23 05:59 pm (UTC)

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From: [identity profile] fraash.livejournal.com - Date: 2009-09-23 06:26 pm (UTC) - Expand

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From: [identity profile] lydzi.livejournal.com - Date: 2009-09-23 06:30 pm (UTC) - Expand

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From: [identity profile] nicooyo.livejournal.com - Date: 2009-09-23 06:41 pm (UTC) - Expand

Date: 2009-09-23 06:00 pm (UTC)
From: [identity profile] fraash.livejournal.com
it's only a matter of time, SM, only a matter of time.

Date: 2009-09-23 06:03 pm (UTC)
From: [identity profile] jonghyun.livejournal.com

not a very smart move SM, tsk.

Date: 2009-09-23 06:03 pm (UTC)
From: [identity profile] umbrella-smile.livejournal.com
They are making themselves look mighty suspicious.
If they get caught "cooking the books" they will be worse off than if the documents showed they were scamming their artists. Let's just hope they aren't that stupid (or desperate).

Date: 2009-09-23 06:08 pm (UTC)
From: [identity profile] breathe-ai.livejournal.com
Oh grow up SM, the courts are gonna get the books whether you want them to or not.

Date: 2009-09-23 06:08 pm (UTC)
From: [identity profile] g-aria.livejournal.com
It amazes me just how many times SM has gone and shot themselves in the foot during this whole thing.

Date: 2009-09-23 06:11 pm (UTC)
From: [identity profile] umbrella-smile.livejournal.com
I couldn't think of a better analogy. A+

Date: 2009-09-23 06:15 pm (UTC)
From: [identity profile] labobo93.livejournal.com
lol awesome

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From: [identity profile] loveisdesire.livejournal.com - Date: 2009-09-23 06:39 pm (UTC) - Expand

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Date: 2009-09-23 06:23 pm (UTC)
From: [identity profile] doovlynsidhe.livejournal.com
I cannot believe how much SM has managed to trip all over themselves during the course of all this mess.

*sighs*

At least this is sort of encouraging news for JaeSuChun...

Date: 2009-09-23 06:25 pm (UTC)
dipropylene: (2pm - jaebeom smiling)
From: [personal profile] dipropylene


SM, you fail.

Date: 2009-09-23 06:43 pm (UTC)
From: [identity profile] labobo93.livejournal.com
omg, I don't even like/know football and I can realize how much fail that was.

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Date: 2009-09-23 06:28 pm (UTC)

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Date: 2009-09-23 06:32 pm (UTC)
From: [identity profile] lydzi.livejournal.com
Huh. I didn't even knew that SM did that. *__*

Date: 2009-09-23 06:32 pm (UTC)
From: [identity profile] summercello.livejournal.com
backpedal faster

Date: 2009-09-23 06:40 pm (UTC)
From: [identity profile] nicooyo.livejournal.com
Wow SM. You go ahead and keep making yourself look bad. I'll keep laughing.

Date: 2009-09-23 06:40 pm (UTC)
From: [identity profile] loveisdesire.livejournal.com
Just give them what they want SM...How long do they want to pro-long this?

Date: 2009-09-23 06:40 pm (UTC)
From: [identity profile] efftheineffable.livejournal.com
Ok, so IANAL and I know we're all pro-TVXQ/anti-SM here but....dude this is how lawsuits work in the real world. You can check out back here (http://community.livejournal.com/omonatheydidnt/1389370.html#cutid1) how SME complained about the Preservation of Evidence request and the motion for cancellation was likely just the formalized version of that complaint.

And so yeah, they look totally sketchy doing this and maybe they really are, but they obviously think that they're right. And either side is going to proceed with the trial as if they are the right ones, so SME is going to do what it can to protect its business (and business secrets) and shoot down TVXQ.

Date: 2009-09-23 06:42 pm (UTC)
From: [identity profile] utagaki.livejournal.com
LMAO

@ SM's attempt to cover things up:




Date: 2009-09-23 08:28 pm (UTC)

Date: 2009-09-23 06:59 pm (UTC)
From: [identity profile] purplesky.livejournal.com
*arms in air* WOO!
Image

Image

Rather excited to see the documents be released. ♥

lol html fail.
Edited Date: 2009-09-23 07:00 pm (UTC)

Date: 2009-09-23 10:38 pm (UTC)
From: [identity profile] matsujoongie93.livejournal.com
That Yunho gif had me staring for a good 5 minutes.
God that lovely man is so flamboyant.

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From: [identity profile] alucine.livejournal.com - Date: 2009-09-23 11:16 pm (UTC) - Expand

Date: 2009-09-23 07:18 pm (UTC)
From: [identity profile] chibi-rei.livejournal.com
SM, you stupid.


Also is Junsu doing anything these days? Max and Yunho are doing drama stuff, Chunface and JJ are promoting their new songs, so is Junsu just chillaxin'? I hope so. :)
Edited Date: 2009-09-23 07:19 pm (UTC)

Date: 2009-09-23 08:26 pm (UTC)
From: [identity profile] jasmineakaiumi.livejournal.com
I think I heard he was working towards releasing some solo material but I'm not sure .. I wouldn't take my word on this, I might have dreamt it XDDD

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Date: 2009-09-23 07:34 pm (UTC)
From: [identity profile] hp-eternalglory.livejournal.com
wait, i'm confused. didn't they release their documents already?
isn't that what they went over in the hearing...?

my brain can't handle all this kpop drama....

Date: 2009-09-23 10:44 pm (UTC)
From: [identity profile] strawberry-efeu.livejournal.com
No, on the day of the deadline they said they hadn't been given enough time to prepare the documents/didn't want to reveal "company secrets" and so they didn't turn them in.

Date: 2009-09-23 08:02 pm (UTC)
From: [identity profile] calandrinon.livejournal.com
Meh, that was just done out of principle and probably to buy them some time. Which it did. So they got what they wanted. This is by no means a good thing.

Date: 2009-09-23 08:16 pm (UTC)
From: [identity profile] jyurian21.livejournal.com
MTE! D:
I always got the feeling SM would do anything to buy time and make fake documents, lol...

Date: 2009-09-23 08:24 pm (UTC)
From: [identity profile] jasmineakaiumi.livejournal.com
I actually shot my hands up into the air and screamed YES!!!! when I read the title of this article :'D

Date: 2009-09-23 08:34 pm (UTC)
From: [identity profile] aunts.livejournal.com
People are saying that the courts can have the calculation down by the end of the month. I call bull. It will take a LOT longer than that to calculate YEARS worth of income like that from contracts, receipts, journals, account books, etc.

I hope possibly by the end of NEXT month they'll have a decision made. When this 2 month suspension on group activities is over.

Date: 2009-09-23 08:57 pm (UTC)
From: [identity profile] swtazndork.livejournal.com
this is exactly what i thought. D=
Their income over the last six years in korea and japan would be a lot to calculate. I just can't wait for everything to end.

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From: [identity profile] strawberry-efeu.livejournal.com - Date: 2009-09-23 11:37 pm (UTC) - Expand

Date: 2009-09-23 09:50 pm (UTC)
From: [identity profile] beauty0fparting.livejournal.com
i dont know but i have this feeling that SM is evading taxes.. lol...

i just hope everything works out for the boys' favor...

Date: 2009-09-24 01:33 am (UTC)
From: [identity profile] fragiledays.livejournal.com
lol so it's not just me.

i have this serious vision of sm employees locked in a room with no windows, attacking all TOP SECRET documents with black sharpies...

Date: 2009-09-23 10:28 pm (UTC)
From: [identity profile] terribd.livejournal.com
People are just now starting to see how stupid SM is...wtf?
SM has BEEN a stupid company...this stupidity isn't just recent. LOL.

Anyways SM are just really helping their image...great job!
Seriously though, if they denied the request, that means they have something to hide obviously...obviously.

I can't wait for this case to be DONE with...I am eager to see the end of it...and so far, it kinda feels like its in DBSK's favor...hopefully.

Date: 2009-09-23 10:42 pm (UTC)
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