Posted by: sharingyoochun | June 28, 2010

[News] 100628 TVXQ Trio File Lawsuit For Exclusive Contract

Three members of ‘TVXQ’ have filed a lawsuit against SM Entertainment following their exclusive contract injunction.

According to the Seoul District Courts, Xiah Junsu (Kim Junsu), Micky Yoochun (Park Yoochun) and YoungWoong Jaejoong (Kim Jaejoong) filed an exclusive contract validity suspension lawsuit on the 25th.

Sejong, the law firm in charge of the trio’s legal actions, stated, “The exclusive contract period is thirteen years from the date they debuted, however, if military service is taken into consideration, the length of the contract is in fact fifteen years,” and “This violates Clause 103 of the civil code.” Clause 103 of the civil code states that any legal acts that violate good customs or public order will become invalid. Sejong also stated, “If the contract is canceled, the members must pay an extravagant compensation fee that is three times the amount of total investments and twice the amount of what the group would have earned in the remaining period of the contract.”

The trio submitted an exclusive contract suspension injunction last July which was partially granted in October. SM Entertainment also filed an objection to the partial acceptance verdict and a lawsuit to confirm the continued validity of the exclusive contract in April.


source: [hankyungnews]
translation credits: jeeelim5@tohosomnia.net
shared by: tohosomnia.net

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Responses

  1. So now??? I don’t really understand..please can someone explain it??
    If I got it correctly JaeChunSu must pay if the contract is canceled from the court????? NOES >.<

    • From what I gather, penalty is paid if JYJ ask for contract termination. Since they go for contract invalidation instead, which means that the contract cease to exist therefore no contract to cancel, then they don’t have to pay penalty. Just my opinion. Am I even making sense?

      • well, that is what I get too
        if it was as easy as to say “SM thankyou, but we can’t work with you anymore, so bye bye” they would have done that and save all the problems
        The one who are suing are trying to get out without paying because that amount is almost impossible to pay

      • can that happen? Too bad i don’t study law >_<

  2. I believe in JYJ…
    JYJ, fighting !!!

  3. They really wanted out of that damn company and hopefully it’ll soon happen.

    JYJ fighting!!

    • i hope it doesn’t take too long
      and I will pray for them to be able to get out of there
      if they lose, what will happen?

      • Its not about ‘losing’, the lawsuit has so many clauses and all the decision(s) could sway in different directions/results I guess.

      • I try to think of the worse case scenario so I can prepare myself, for the worse
        anything from that will be joy

    • Srsly, Im really betting that the trio will get out of this contract. Im just not sure about the compensations they’re asking. But if the court will find all JYJ’s claims valid and such they’ll hit the jackpot w/ that billions of won. Their lawyers are intelligent and calculated everything. And Im sure they’ll also be getting their share of compensations w/ JYJ once this whole mess is over.
      But then again, Im on the positive side bcoz this issue is very high profiled. Its like the trio kick started something in the Kpop world and people had taken a good look about everything since then. *shrug* im crossing my fingers and praying for them eventhough Im not really a religious person.rofl~

      • why I am always in the negative side lol
        if the contract is not nullified, that is what I worry
        if they get compensation or not, I don’t care, but I worry if they can’t get out of SM
        I’m not religious either, but I hope for the best for them. Do what we do best, wait and support them, is all I can do
        (and buy their DVDs just in case they will need extra money)

  4. i’ve read other articles about the three’s filing another(?) lawsuit, this time it’s about the income ?

    well, i won’t speculate anything out of anything, i’m over that phase lol just wanna say, hold on tight, boys >____<

    • yep, compensation makes more sense than income lol

      so i guess this is it…
      hope for the best for our guys…

  5. Eh? Is this another lawsuit? A new one? Filed on the 25th? Do they mean 25th of June? @___@

    • Exactly…i don’t get it either……… @___________@”

  6. they filed a lawsuit for the contract suspension before this (which they won over SM) and this time, the lawsuit is to terminate the contract with SM for good and get compensation.

    whatever the decision will be i’m with JaeChunSu ♥

  7. yeah, they finally asked for the contract to be over
    and they also ask for compensation
    I wish them luck
    I really want them out of SM

    • oh i understand now…

      wish the best luck for Jaechunsu :)

  8. my stomach churns every time i see a lawsuit news, lawsuits after lawsuits, this shit would never end :|
    good luck for JYJ, if they lose this, it would be hell to pay.
    what i ‘m concerned now is Homin, what do they get out of this mess, the trio got the compensation if they win, what about Homin?
    at this rate, i think JYJ and sme don’t even want to see each others again, not mention working together.
    DBSK’s future as 5 seems so… :|

    • Homin… well, they have nothing to do with this.
      No matter who wins, it has nothing to do with homin
      let’s not drag them here again

      • there’s something i keep pondering upon, if the trio wins, that means DBSK contract is proven wrong, so what will they do with Homin’s contracts? fix them? do Homin get compensation too?

      • @ jlie

        about that, you will have to ask SM…

      • I HOPE it get fixed… but I’m not sure if the court decision will affect Homin contract
        If JYJ win i think HM contract will be fixed, but I can’t be sure
        about the compensation, no idea

      • HoMin will definitely get a contract revision~ not sure about any compensation.

      • @jlie:

        I see where you’re getting at. It makes me wonder too, but let’s not think too deeply about it. I mean, their contract with Avex is supposedly expired this month, and yet we haven’t heard a word about whether they extended the contract or not. Let’s wait for further news.

      • @babababan: omo, now i remember Homin’s contract with Avex, and i’ve got even more scared.
        these last days of June are going to be tough *braces herself*

      • @babababan:
        I completely forgot about their contract with avex >.<…

  9. this battle is never gonna end any time soon:(

  10. then what about this: http://www.dbsknights.net/2010/06/trans-100628-jyj-files-lawsuit-against.html?utm_source=twitterfeed&utm_medium=twitter

    is it the same article?
    getting confuse.. really >.<

    hope all the best for jaechunsuhomin

    • yeap is about the same thing… there are a few articles with more information

  11. i’m not really get this one?? @_@ too much lawsuit!!
    i just want them to get what they want the most, which is get out from that greedy SM..

    i’m ALL with you guys.
    fighting!

  12. i definitely want them out. and hope homin will join them but that’d be asking for too much i guess

  13. Yes, finally some progression on the case. Hope no more speculations and rumors. To the court & judge, they have taken too long to negotiate the situation. Hope this case progress fast & end soon and with good prospects.

    JYJ Hwaiting! I will always believe in you guys!

    Dear fellow fans, please be prepared and let them settle this on their own. No more fan wars ya ^_^

    I love this fandom so much :D
    Thanks SYC for always taking care of the members & us fans!!!

  14. in the very 1st place when they started the lawsuit, they stated that they wanted to fix the contract, but now, they want to be out completely :|

    okay, imma blame sme for making discussion between 2 parties flailed. :|
    go fuck urself sme

    • actually, if you followed their news last year, the lawyer himself said that the three wanted to get out completely from the contract. he started with the partial contract injunctions first, considering that a full injunction would take years to settle.

      do correct me if i’m wrong, tho…

      • I know nothing about court rules and clauses, but your assumption seems very realistic and reasonable. Thankies! I was wondering the ‘exact’ same thing jlie did too. First they filed a lawsuit for for provisional disposition to terminate all effects of their exclusive contract, and now filing a lawsuit for an exclusive contract validity suspension.

        Personally I think at first the do want their contract to be adjusted, but seeing how it’s IMPOSSIBLE to negotiate with SME, they completely wanted OUT from that company.

      • No, junsujunsujunsu, their lawyer said:

        “Also, when the Courts asked whether they wanted a ‘cancellation of their contract’ or a ‘revision of their contract’, the lawyer replied, “It depends on how competent SM Entertainment will be to support TVXQ’s transition from an idol group to a more mature artist group,” and “The opportunities are endless.” (credit:http://community.livejournal.com/omonatheydidnt/1389370.html)

        @babababan: Yes…agree that how SM responded responded made it impossible for just a ‘revision’ to occur.

        Sigh…

      • Pretty much. They were careful about keeping their options open.

      • @a
        So does it means that we have to wait and see when will SM be awake and get them a better contract so that TVXQ can be appear again?

  15. They’re also suing SM for billions of won in past earned income. This is gonna get interesting.

    From what I understand, they’re suing to end the contract. If the courts agree that the contracts were unfair, then they don’t have to pay compensation…at least, not the full amount. If they don’t win the lawsuit, they could still terminate their contract but would have to pay a lot in compensation: 3 times the training amt spent and twice the opportunity cost of future profits.

    • I agree with you. That is the most probable scenario. This case reminds me more and more of a divorce case – yeah absurd as it may sound. I think the court really recognize that the three really want out and I think they will grant this – the will to get out is too strong. In the best scenario they can get out without paying anything and probably even get some money (although probably not as much as what they ask – I think that amount is symbolic in some sense – a way of saying ‘hey I am serious about quitting this whole shit’) and in the worse case scenario – they will still be out and pay but not as much as what SME wanted.
      But yeah, even then whoever ‘lost’ the case may appeal back and then you will have another strings of court proceedings. I don’t think that the whole damn thing will not end as soon as we fans want it to end.

      • Considering that this is the ‘income’ aspect of the court case which has been delayed for so long, I doubt that the courts will actually rule against the boys seeing as the courts were the people in the first case who said that they wont make a decision (presumably in favour of the boys) all those months ago until they had all the evidence about the income revealed before the court.

        Seeing as the evidence has now been brought before the courts and that our boys have been well aware that sm are still profiting from selling TVXQ! stuff despite what is happening, most likely the courts will not allow sm to continue with their greedy ways.

        And with the three’s lawyer stating the clause as one of the most vital aspects of thier argument, and being such a ‘general’ clause admist all the complexities of the case, I very much think our boys will at least have their contracts changed forever- for Changmin and Yunho too.

  16. fighting boys !!!!!
    im with u guys

  17. hope for the best, that’s all i can say

    JYJ hwaiting!!!

  18. “If the contract is canceled, the members must pay an extravagant compensation fee that is three times the amount of total investments and twice the amount of what the group would have earned in the remaining period of the contract”
    Well… I can pay the 5$ they have earned :) ?

  19. hahahah take that SM!

  20. Good luck guys..!!

    I’m right behind you..
    as much as I miss TVXQ..
    I can’t bear seeing my babes getting trapped by evil..!!

  21. First I was so sceptical about JYJ things but today..finally I truly can understand why they take this way.

    I’m not talking about the billion won compensation..the lawsuit, the lawsuit is only a way for them to get out from SM. With SM they have no future, with SM they are not able to sing or to compose songs that they like, all these times are all about the visions and the idealistic mind. JYJ are young,surely they are aiming higher than to sing common Kpop songs-like-today. Listen to Intoxication and JYJ songs in Dome,listen to their ment during the concert (eventhough it is scripted),reading many fanacct reports, finally I can understand what is really going on here. I’m not going to say any further about this, however, I wish them the best luck. If you are painter, then “to paint” is your job and if you are singer, then your job is “to sing”….God bless you JYJ ~~

    • you got the point babe!!

    • *thumbs up!* I hope those who are still reluctant to this situation, are able to understand it in the same way ^^

    • word! lol, these boys like to sing, and b true singers NOT idols… they want to produce real music and not b controlled. and with a massive IDOL factory like SME, its near to impossible to fully enjoy being a singer~

    • Well I can understand that they want to get out of SM …but they also want more money…seems like money is very important for them….. they only earned all the money with the help of SME …just think that they shouldn’t overdo it with their demands.
      And therefore other sm artist already wrote and composed songs …

      • Lawsuits arent your ideals for such issue~ romantics would be wasting their breath for such about not money being involved. This whole thing involved ‘lawyers’.

      • I guess she also refers to them not hving the rights of what they produce/compose. SME can use their composed songs in anyway they want and JYJ can’t use them in the same way.
        And, the lawyer denied the 10billion thing. It was made out for the reporters. First, they asked for 1Billion and the amount they file for compensation WILL increase, but they don’t know how much. 10billion is to much, I think.

    • exactly my thought. in the end of the day, it can’t be all about money. inasmuch as i like a lot of SME idols but I can’t help feeling the whole ‘manufactured’ feel to them. Their music is nice and they sound good too and I enjoy them a lot, but above all things, I cherish originality and the real soul of the artists. I think JYJ is starting to explore their ability further, learn new things and starting to sound a bit (still just a bit more – they are still idols though lol) more original and soulful in the way that I wish them to be.
      Good opinion there!

    • love your opinion :)

    • That’s exactly the reason why I’m support JYJ so much.

      At first I was skeptical as everyone about why they filled the lawsuit last year,
      could not understand why succesful group as DBSK risk their career like that.

      But slowly then I feel like understand their aim and target. It was more proven for me since Junsu’s Mozart musical, Intoxication realeasing and especially since they announced their Dome concerts, and like you I read all the fanacc., fancams,

      not only to spazz about them ^^ but to have an image of what JYJ are doing and what direction they’re aiming.

      And sure they want more freedom in choosing songs, be the singer/ artist themselves, and not to be controlled in everything, like SME would do with all their Idols, this would limit JYJ artistic souls so much.

      I was surprised as see how AVEX aloud them so much freedom in their first concerts as JYJ. This so proved the Japanese music market respects Individualism much much more than the Korean market.

      Kpop nowadays is so one dimensional. You see so much boybands/girlbands doing the same stuff over and over again.

      And to me what JYJ did was never ever because of money in the first place.
      If so Yoochun won’t mention of giving up his career in last October, Junsu won’t mention singing is his life over and over, and to me JJ would be just happy doing everything if his brothers are with him. If you have Yoochun and Junsu beside, you can’t do much wrong. They’re smart people with big heart beating for music.

      I wish Yunho and Changmin could join them later, when right time is coming.

    • yup!

      i love the boys most when they sing. Not anything else. And i think they are themselves when they do the things they love. I don’t think it’s all about money.

      • Ditto!

  22. this is expected

    i hope the trio wins and will get their compensation too.

  23. i just wanna say JYJ hwaiting!!!!!!

  24. JYJ hwaiting
    we always be with you boys

  25. I am a Korean, and I heard that the lawsuit will take 2-3 years. Whatever the result is, Homin is irrelevant to the judgement. Until now, even though TVXQ has earned millions of dollars, they have not been paid adequately. SM also has blocked many opportunities for individual career development of each members, because that is the way SM treats its members. SM does not like individual members become famous, but want to contain them inside their group, so that SM can easily disband the group later and replace it with new SM group. Look at the quality of the concert, Musical, drama that JYJ did after they got out of SM. The quality is incredible after they came out of SM. (Compare them to tbxq drama >,.<) I am extremely happy for JYJ to start their own career outside SM, because that will make us see their new vision on music and drama. Now it is JYJ, not SM, that decides the career. And you will see how much SM has oppressed individual talents until now. I wish JYJ win the case and have greater opportunity for the future career. Also, I want them to earn lots of many as they deserve.

    • A+++~

    • +++100000000 thumbs up lol
      can’t agree more

    • This! Totally agree with you!
      Thanks for voicing out ^_^

    • Love this too ♥♥

    • I think that all of us fell in love with DBSK/Tohoshinki because they were different from most groups, they had presence and talent as not other.
      It’s good if you want to justify the motives of JCS present decision but don’t dare to downplay their past works or try to categorize them as mere idols.
      That was a misconception from the public and they did an amazing job changing that after so many years.

      They did amazing works, sang memorable songs, their concerts were always of first class.
      I do think that they will make better things in the future and they will grow as artists even more, but their past is just as important, they are the professional and dedicated people that we know thanks to that and there is nothing, NOTHING to be ashamed.

      • Sorry if I sound like I degraded TVXQ’s past works. No, I never meant that! I have been their passionate fan since their debut! But I think, as a fan and as a customer, sometimes their work did not reflect their own vision 100%. Sometimes the producers, sometimes busy schedule contained some part of their talent. Despite that, TVXQ has been the world-best idol band, no doubt. But I dont think “ALL of their work” was incredible. Some of the works could have been better, if adequate coordination was added. I say this as a fan who strongly wish their better future.Sorry again if my comment was too strong. My main point is JYJ chose their new way and I support them. Homin chose their own way, and I support them, too. I hope all of them to be happy. I dont want to enforce either part of them to follow fans’ wish. I want them to follow their own wish, and I will support them whatever they choose, just praying their happiness, because all five of them deserve it!!!

    • +10000000 too

    • THIS <333333333333

      luv ur comment girl ^^

    • +10000000000000000000000000000
      Agree ^O^

    • Completely agree girl! Beautifully said.

    • I completely agree!!!
      I really hope JYJ will win so it can free some other trapped SME artists who what to explore their talents.

      I really think that if JYJ win they will free Homin cause I believe that their contracts will change too bacause TVXQ are all under the same contract.

      I dunno but after thinking about it… Maybe this is TVXQ’s great plan…

      Three of them file a law suit to change their contracts with SME while two of them stay and keep their place with their record company ane popularity in Korea while the other three keep their contract with Avex and their
      popularity in Japan. If their contract is invalid and SME is breaking the law… Meh I really don’t know all we can do is Keep The Faith.

      • Chantal, just to clarify, according to Korean law, only those who filed the suit can get benefit from the result of the judgement. Thus, even though JYJ gets freed from SM, that is irrelevant to Homin’s case. As far as I heard, Homin already renewed the contract last year with SM. Well, Maybe there will be a way for reunion, but I doubt SM will allow that to Homin, because Homin is now under SM contract. But we all wish and pray for miracle…

      • Praying for a miracle too. I’m very worried about the fate of those too. I think Jaechunsu can make it out ok and will do great. I understand Homin made a choice but that doesn’t mean SM is nice either. They will have a rough road ahead for them.

      • @dd

        homin renewed with sm? I hope sm could pay better attention to them. Though i am a bit skeptical about that. Please be ok homin >_< I hope they'll be able to see each other again if anything..

    • thumb up!
      I love u
      thank you so much

    • THIS………………………………………..
      thank you, honey…..

      pls stop by more often, we want to hear from Korean cassie for what really happens in Korea/SM…

  26. Oppas HWAITING~!!! ^o^

    Yunho Oppa & Changmin too when I say “Oppas” xDDD

    We all need to be patient now and strong coz being a real Cass mean you need to be strong if you are not then this fandom is not for you *lol*

    • yep, stay together through the thick and thin, until the end!

      • Yeah and now we should go forward with all members of TVXQ coz even if they can’t perform on one stage now they will in near future! All the members love each other dearly even more then we love them and even SM that forbids them to perform will not stop them! They are strong and we should be strong too~! <3

  27. ok, we should be careful, some media is playing something here
    http://www.dbsknights.net/2010/06/trans-100628-trios-lawyer-states-10.html

    • That at least just sounds like a typical media error.

      • well, i really hope its just media error, but i just afraid:(
        they can easily ruin JYJ reputation in korea with this, people might call them greedy, they will say JYJ ask for too much, some fans already question 10 billlion won >.<

      • They’ve already been called greedy, so not much change there. Really some people are so silly about the money aspect. These aren’t little kids asking for an increased allowance. Look at how much the group has made over the past years, how much JYJ have made lately, how much the companies they work(ed) with make…what is “reasonable” for them has to be judged by that, not by “omg BIG NUMBER with lots of zeros!!!”

      • @Vina, I agree. It’s not like they haven’t been accuse of being selfish nor greedy enough. This isn’t gonna change anything. Hater will always find things to hate anyways.

  28. maybe my love for the 5 of them is blind!! so I choose to keep my eyes n ears closed except it’s frm the boys. they have my faith and my word…

  29. Now I’ll leave this lawsuit as the boys’ private thing; no comment, no judgement. Their lives are messy enough. All I wanna do is to support their work, their dream and their career, the sources of my happiness.

    No matter what happens, no matter how the result comes, I’ll always support you boys. Don’t be scared coz’ I’ll always stand by you.

    Goodluck and love you Jaejoong, Yoochun and Junsu. muahhh <3

  30. The 10 billion won compensation was a false report. It’s only 1 billion.

    • That’s why we shouldn’t jump to conclusion too fast. Things can easily lost in translation.

    • Does it even matter how many billions they’re asking?

      • It doesn’t matter to me. Just clarifying with the updated news.

  31. I’ll close my eyes towards any news,close my ears toward what others may say n not judge them…..I’ll just go forward with only my love and my faith towards 5 members :D …..whatever fated to be happen,just happen :D

  32. Yes, it was wrong report. But, I think tvxq members should be paid more than 10 billion won. Why not? they are Asia top super star and have earned more than 100 billion for the last 7 years, and they received only 2million dollars each year. I was so shocked when I heard it. All the albums, dvds, concert goods and their concert tickets should have earned them more than 100 billion… I wish TVXQ members receive enough compensation for the sake of justice!!!

    • geez~ and here I am thinking Santander paid Kimi Raikkonen $25-40 million to get out of his “1 year Ferarri contract”.

      I definitely agree w/ you.The boys deserve whatever money they’ll ask as compensation.

  33. So i take it as a good news?? for Trio??
    Is this a good news for TVXQ??
    I mean the chance for them to work together again??
    Well, I think JYJ and HM wanted to work with each other as group again rite?
    ……………………………..@_@……………………………

    • I believe they always hope for the reunion, but the current circumstance does not allow them :(

    • Grace is right. But hey, “hope to the end” right?

  34. AHH I just hate all this crap!!
    All I want if for all 5 of them to be together!!!
    *blocks out confusing media and listens to TVXQ records…. *
    TVXQ HWAITING!!! I will never let the 5 of them go.

    • Hey. Shinwha made it. Apparently HOT is doing it. I think there’s a lot of hope for TVXQ. News is news. Nothing is settled yet. All we can do is wait.

      • Kinda out of topic… HOT reunion news really gives me hope for TVXQ future actually, but I really hope their reunion won’t take 10 years… :P
        In 10 years, maybe I’ll get married and have kids… become a fan-auntie XDDD. But if they can reunite, I’ll wait for them :)

        Hope for the best for Jaechunsuhomin.

      • Yes but S.E.S. got back together for a reunion concert back in 2007 and they`re still not together….

  35. ick. We learn more and more everyday about what tricks SM tried to pull ): I never even thought about the military service! Ugh. Fighting DBSK! ^^

    • ah… I cannot imagine my Jae in the military service… How can I wait for two years without him?

      • Sorry off topic..
        is it military not a must for the only son in the family?
        since jae is the only son for both family (real n adoption), so he’s not obligated to enter military service?
        So does Yunho and Changmin.
        (unfortunately not for Chunnie and Su) ;_;

  36. at this point really I can’t do much but hope for the best for JYJ, hopefully they will get out of the contract as they wanted and be free of the whole SME obligations…and as for Homin I just really hope that they’ll be okay after everything is finished…

    And one more thing I have faith in their friendship and so I know that once this is over they can at;east hang out together right?

  37. [...] [News] 100628 TVXQ Trio File Lawsuit For Exclusive Contract Three members of ‘TVXQ’ have filed a lawsuit against SM Entertainment following their exclusive contract [...] [...]

  38. I just can pray for their best. Hope this case can be solved peacefully between SM and the boys.

  39. as for me, normally for other groups, i just prefer 1 or 2 members only. but tvxq is the first group where i love all of the members; so i’ll support each and every one of them..for me, they’ll always be tvxq no matter what and i’ll wait for them even if it’ll take 10 years like H.O.T… ^_^

    • Same! They are the first group that I adore every member. Their talents shouldn’t be cofined just within sme. Sucha waste. I’m glad that they are doing great in all their recent activities :) 10 years later I will be financially independent and I would surely go for their reunion concert, being an auntie fan haha! <3

  40. all i can say is, i miss TVXQ! DBSK! Tohoshinki! im really hoping for the best!!! really…. :(


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