[identity profile] locofruitcake.livejournal.com posting in [community profile] omonatheydid
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: jeeelim5 @ [livejournal.com profile] tohosomnia 
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Date: 2010-05-07 03:08 pm (UTC)

Date: 2010-05-07 03:09 pm (UTC)
From: [identity profile] inudela.livejournal.com
i hope this means they are making slight progress.

Date: 2010-05-07 03:11 pm (UTC)
From: [identity profile] ohkuralover.livejournal.com
So in short, JaeChunSu don't want to be part of DBSK anymore? Even if they come to an agreement?

Date: 2010-05-07 03:17 pm (UTC)
From: [identity profile] ashiva.livejournal.com
They just don't want to be part of SM. I'm sure they would like to work with HoMin as DBSK if those two also left SM.

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From: [identity profile] http://users.livejournal.com/_pinkfish/ - Date: 2010-05-07 03:43 pm (UTC) - Expand

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From: [identity profile] atiqah-erlina.livejournal.com - Date: 2010-05-07 03:59 pm (UTC) - Expand

Date: 2010-05-07 03:15 pm (UTC)
From: [identity profile] honeyfunnybunny.livejournal.com
at least there's progress.
i guess it's up to the court and the members now.

Date: 2010-05-07 03:17 pm (UTC)
From: [identity profile] shoiryu.livejournal.com
The three members have lost their faith in SM and they think negatively of the prospect of working with the agency again.

Gee, after the lying, and the canceled concerts blamed on them, and the dragging uninvolved people into it, and the MORE LYING, I can't imagine why they'd have difficulty wanting to work with the company again.

Date: 2010-05-07 05:13 pm (UTC)
From: [identity profile] silver-might.livejournal.com
yeah, I know.

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Date: 2010-05-07 03:18 pm (UTC)
From: [identity profile] guiltyschu.livejournal.com
SM "The way we treat TVXQ is not bad compared to other agencies"

Lol, SM. Don't measure by the lowest common denominator. I'm personally not convinced the other agencies in Korea are that awesome in their treatment of their artists either, and one step up from crap is still crap.

Nice to see they're willing to make a settlement, but I basically think DBSK are still screwed. :/ Maybe if the offer for settlement had come at the beginning of all the drama there'd be a chance, but there's been too much mud-slinging on all sides of this mess for things to ever settle down now.

Date: 2010-05-07 03:44 pm (UTC)
From: [identity profile] http://users.livejournal.com/_pinkfish/
and one step up from crap is still crap.
This.


And sadly I agree with the last part as well.
T.T

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From: [identity profile] satopi3104.livejournal.com - Date: 2010-05-07 04:15 pm (UTC) - Expand

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Date: 2010-05-07 03:18 pm (UTC)
From: [identity profile] okdubu.livejournal.com
hope everything goes smoothly!!

Date: 2010-05-07 03:20 pm (UTC)
From: [identity profile] dabysam.livejournal.com
I seriously doubt that they will return. But hey if the other 2 leave they might be able to become 1 again with their new company! Always keep the faith.

Date: 2010-05-07 03:27 pm (UTC)
From: [identity profile] jongina.livejournal.com
But hey if the other 2 leave they might be able to become 1 again with their new company! Always keep the faith.

Ngl, I still dream of this to happen. :(

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From: [identity profile] dabysam.livejournal.com - Date: 2010-05-08 01:32 am (UTC) - Expand

Date: 2010-05-07 03:22 pm (UTC)
From: [identity profile] ashiva.livejournal.com
Not surprised. SM should have offered a good settlement right away. Now it's way too late, because all the trust is gone.

Date: 2010-05-07 03:25 pm (UTC)
From: [identity profile] jongina.livejournal.com
Like what I said in the original post, I see SME is willing to compromise, but JCS side is skeptical, and I don't blame them for that. There are issues left to be negotiated about, but IMO at least they're sticking to the main problem of the lawsuit mess right now, which is the contract.

If SM's desires for a settlement are sincere, then I will talk to the three members and will report back to the Courts.

I'm looking forward for more progress on this case. /popcorn.gif 8D

Date: 2010-05-07 03:30 pm (UTC)
From: [identity profile] geekpants.livejournal.com
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."

Meaning - OT5 has imploded ;_;

Date: 2010-05-07 03:39 pm (UTC)
From: [identity profile] sassychicks.livejournal.com
it's indeed impossible to see TVXQ as 5 again

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From: [identity profile] http://users.livejournal.com/_pinkfish/ - Date: 2010-05-07 03:46 pm (UTC) - Expand

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From: [identity profile] jongina.livejournal.com - Date: 2010-05-07 04:14 pm (UTC) - Expand

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Date: 2010-05-07 03:30 pm (UTC)
From: [identity profile] bepo-chan.livejournal.com
just make up with each other already so that i can have my dbsk back. D:

Date: 2010-05-07 03:49 pm (UTC)
From: [identity profile] cracknut23.livejournal.com
We think alike.
;~;

Date: 2010-05-07 03:32 pm (UTC)
From: [identity profile] huile7.livejournal.com
there's like a 0.0000001% they might go back to SM

but why should they go back to the dungeon when they have seen the light and tasted the sweetness of freedom.

SM should have dealt with this last year but itz late already

Date: 2010-05-07 03:45 pm (UTC)
From: [identity profile] orangebondpaper.livejournal.com
I just can't believe that after rising to such popularity and achieving so many things, DBSK is no more.

I don't know what to feel anymore.

Date: 2010-05-08 02:53 am (UTC)
From: [identity profile] walnuuut.livejournal.com
This is exactly how I feel.
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Date: 2010-05-07 08:35 pm (UTC)
From: [identity profile] baboboy.livejournal.com
lol taeyang

Date: 2010-05-07 03:49 pm (UTC)
From: [identity profile] hospitalise.livejournal.com
fml as soon as i saw this post don't say goodbye came up on shuffle

Date: 2010-05-07 03:50 pm (UTC)
From: [identity profile] fseventh.livejournal.com
SM... who is the one who "forced" them to pursue career in Japan so now when they are growing older, they realized the differences between working in entertainment company in Japan and in Korea. They may discussed a lot of things with people there, they may received some inputs and they found that they didn't get what they deserve. So now they have company who treat them better and also gave them freedom, and you are too late to realize that these boys are practically growing up and developed their transition between teenage phase to adult phase in other country. Of course comparison only among companies in Korea won't be enough.

Date: 2010-05-07 06:28 pm (UTC)
From: [identity profile] doublejae.livejournal.com
ilu and all your previous comments :P
because i agree totally~~
/not a stalker. i just have good memories. LOL.

Date: 2010-05-07 03:51 pm (UTC)
From: [identity profile] atiqah-erlina.livejournal.com
"The three members have lost their faith in SM and they think negatively of the prospect of working with the agency again."

i dun think they'll ever be as big as the DBSK they were if they're not managed under SM. seriouslyy... solo, or group project with just the 3 of them.

Date: 2010-05-07 04:20 pm (UTC)
From: [identity profile] satopi3104.livejournal.com
THIS

i am so going to get death threats for saying this, but they would not have come as far as they did without it being all five of them, managed under SM (and Avex). I really really love them all but I don't think solo careers or unit careers are going to turn out well for them. There was something magical about them when they were all together. TVXQ really was more than a sum of it's parts. It's going to be sad to watch JaeChunSu struggle to hold onto their careers in Japan as the public interest slowly ebbs away.

*prepares for rotten tomatoes being thrown*

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From: [identity profile] ayumikoshiro.livejournal.com - Date: 2010-05-07 04:52 pm (UTC) - Expand

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From: [identity profile] cherjae.livejournal.com - Date: 2010-05-07 04:54 pm (UTC) - Expand

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Date: 2010-05-07 03:54 pm (UTC)
From: [identity profile] cracknut23.livejournal.com
It's sad to read this ;~;
Just want the 5 boys together again and I don't mind if they're in different companies or different countries, I just want to see them meeting up, happy, smiling and together.

Date: 2010-05-07 04:12 pm (UTC)
From: [identity profile] juhli.livejournal.com
Yeah, me too.
Just want them not losing their brotherhood.
Heck, i can accept no tvxq, but i want ot5 in private!

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From: [identity profile] jongina.livejournal.com - Date: 2010-05-07 04:17 pm (UTC) - Expand

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From: [identity profile] thsk.livejournal.com - Date: 2010-05-07 04:23 pm (UTC) - Expand

Date: 2010-05-07 04:09 pm (UTC)
From: [identity profile] valentinekent.livejournal.com
sm screwed themselves. i hope the three get their contracts completely canceled + compensation. living life the way they want > a half-assed dbsk reunion

Date: 2010-05-08 04:51 am (UTC)
From: [identity profile] greenteafroyo.livejournal.com
living life the way they want > a half-assed dbsk reunion

this sfm.

Date: 2010-05-07 04:21 pm (UTC)
From: [identity profile] thsk.livejournal.com
i'm glad jaechunsu are sticking to their guns and getting what they think is right. i mean yeah, i don't think the outcome is going to be in their favor and dbsk may not be dbsk anymore, i'm just glad they're not buckling under the pressure and taking SM's crap.

Date: 2010-05-07 04:29 pm (UTC)
From: [identity profile] rikayla.livejournal.com
Fingers crossed. The company is willing to forgive and forget that all this has happened, it looks like, now it's the three boys' turn. :(

Date: 2010-05-07 04:39 pm (UTC)
From: [identity profile] ayoepan.livejournal.com
another cliff hanging....

Date: 2010-05-07 04:48 pm (UTC)
From: [identity profile] cherjae.livejournal.com
settlement coming from SM now is abit too late after all the negative media crap and news...
seriously both sides wont be able to forgive and forget THAT easily so its kinda impossible to carry on working together imo...


i just hope the 5 remain as friends :|


more shit is gg to come up and im waiting for the courts to shoot themselves in the leg by favouring SM in the end... cos big corporations win such cases most of the time...
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