[INFO] SM Filed Lawsuit Against JYJ for 2.2 Billion KRW Blaming them for Shimchun Concert’s Cancellation

The below account by a Korean fan who has been involved in the fan efforts for JYJ shows two things. (A) SM has filed another lawsuit against JYJ for 2.2 billion KRW (approximately 2.2 million USD) by claiming that JYJ is responsible for the cancellation of the Concert in Shimchun. (B) The question of whether an exclusive contract exists between SM and JYJ has been settled conclusively (that there is none) but SM is causing delay in their discussion with JYJ on the amount of damages it needs to pay JYJ on the main suit (by JYJ against SM), and so the outcome of the main suit is being delayed. 

The lawsuit over the Concert in Shimchun was filed by SM on April 14, 2010. (See here for article)

What about the Concert in Shimchun?

Currently, SM has filed a lawsuit against JYJ with the following claim: “Because JYJ disaffirmed the schedules unilaterally after the verdict for the Injunction was given, JYJ caused tremendous damage to the remaining 2 members. (1) We seek the court’s confirmation of the existence of the exclusive contract between SM and JYJ. (2) We also seek 2.2 billion KRW (approximately 2.2 million USD) as a portion of our damages incurred due to the cancellation of the Concert in Shimchun and also for the fee received for modeling for a cosmetics company.”

As for (1) the exclusive contract, it is a moot issue. Under both the legal precedent and the measures by the Fair Trade Commission, SM has reduced the contract duration for its entertainers to 7 years. There is no need for further discussion.

As for (2) SM demanding JYJ take responsibility for the cancellation of the Concert in Shimchun, this ridiculous situation has not come to an end yet.

SM probably wishes to use this as a negotiation card to defend the profit records that JYJ did not receive proper accounting for during their time with SM. However, already sufficient evidence proves that SM’s efforts are for naught. The evidence has been already submitted to the court as well… But it does seem that SM believes this to be a card that can be used when they do their best in order to reduce the amount of damage it needs to pay to JYJ.

In any case, the result of the actual main suit by JYJ against SM is being delayed because the discussion over the damages that SM needs to pay to JYJ is becoming long. However, the delay of the result of the main suit is often used to argue that the question of whether there is an exclusive contract is not yet settled. Whenever I see this, I think that they truly have a thick skin, pretending to be mute and blind…

Also whenever I see people who fall for these tactics on internet community boards, I feel them to be pathetic.

Source: @Saku_Hera
Translation CreditJYJ3

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