JYJ has won the case regarding its concerts in the U.S.A.
On October 7, 2012, Seoul High Court Civil Department 31 (Associate Judge: Dong Won LEE) turned down the lawsuit filed by a creditor ‘Kim’ of ‘C’ Company [anonymous] that made a transfer contract with an American promoter. Kim filed the lawsuit to claim exaction of an indemnity of 1.25 billion KRW against C-JeS Entertainment, the management company of JYJ.
“The Court cannot acknowledge the evidence submitted by plaintiff[Kim] insisting that the management company[C-JeS Entertainment] approved that the rights of the concerts had been partly transferred. The fact that C Company made the related contracts and paid certain expense were to fulfill the contract made with the promoter who represented the management[C-JeS], so cannot be acknowledged that it dealt with the affairs of the management itself”, explained by the court.
The court continued, “It is not enough to be certain of that the management company deceived C company only based on that it did not settle up after deciding the concerts as free of charge[for the audience], therefore Kim cannot claim restitution of unjust enrichment or repayment of expense of office work”.
JYJ was due to perform in Asia, the U.S.A. and other countries after releasing its first album ‘The Beginning’ in October 2010[2010 Worldwide Showcase] and C Company was in charge of process in Hong Kong and the U.S.A. JYJ had troubles in its work visa in the U.S.A, but the management company spontaneously changed the concerts as free-of-charge and finished the concerts in the U.S.A.
Kim, who had a bond of C Company, filed a lawsuit to claim 1.25 billion KRW against JYJ’s management company insisting “The management asked withdrawal on condition of settling up the expense caused by its free concerts but did not fulfill”.
Source: Newsen via Nate
Translated by: http://dedicatee.wordpress.com
Shared by: JYJ3
(Note: The person ‘Kim’ mentioned might be the very same one from this incident HERE)
Finally another case resolved, now i hope the main issue with SM will be end soon, pray hard…
Junsu ???
Pls tell me !! I DON’T GET IT !!!
O M G. Stupid me…. Kekeke~
Yeah. It’s not Junsu’s Concert. It’s JYJ’s FREE USA “Show-case”.
OK, im glad these cases are resolved and in favor of Cjes…now when is the case vs SM going to be resolved and closed in favor of JYJ? What is taking the courts so long?
I not undestand1 who is this kim?
jyj win lawsuit of usa?
somone can say me please! thanks!
@MISS_CHOI_HYUN
this Kim is the plaintiff , using this name to file a case against cjes.
“Kim” is the guy who sued JYJ and C-Jes for loss of profit regarding the “free” JYJ USA showcase. According to “Kim”, he had acquired the rights (part of it) to JYJ’s 2010 concerts/showcases. That is, he had transferred ownership/sponsorship rights from a certain person (the initial sponser) to himself. When JYJ decided to make their USA showcase a “free concert”, they lost all revenue, which also means no profit. Which means, “KIM” also lost his investment in the concert and even incured losses. According to “Kim”, JYJ and it’s management did not discuss this “free” showcase with him and he want a full return of his investment. C-Jes on the other hand claims it does not own “KIM” anything since he’s unaware of the transfer of rights of ownership/sponsorship to “Kim”. To C-Jes, Kim has no financial part in JYJ’s showcase. And the court ruled in favor of C-Jes.
The plaintiff in this case gets nothing; JYJ held those concerts for free because of a work visa snafu; they made no money. The promoter was probably paid out of Cjes/JYJ’s pocket; Cjes not liable; end of story!
no honey, the promotor made no money, JYJ still get their fee as artist ^^ thru C-JES probably.
idk how about the legal stuff n how the visa works etc but that’s the least i know
for all i know, JYJ decided to pay for the expenses from their own pocket. there were many interview in which they stated that since they didnt want fans to be dissapointed, and also since they were already there, they decided to hold the concert for free, refunded all the sold tickets, and pay for the expenses from their own money. it stated that “JYJ will still be able to take stage on the condition that the performance is free and they receive no monetary benefit for the performance.” (http://tohosomnia.livejournal.com/426307.html).
here some of the articles:
- http://www.allkpop.com/2010/11/jyjs-p1-visas-denied-members-to-put-on-free-concert
- http://www.koreanmovie.com/Interview_Related_NEWS_Search_6126/
- http://seoulbeats.com/2010/11/jyj-refunds-us-showcase-tickets-will-perform-free-of-charge/
as far as i know, they have no monetery benefit from the concert, coz that was one of the reason they able to held the concert. and they did pay for the concert from their own pocket and also refunded the tickets that were sold. i tried to post the links but failed, but you can search “jyj refund tickets for their usa showcase” or “jyj paid for expenses for their usa showcase”, and you can see the news from many sites that reported it =)
i know it’s to old to reply. but hmmm, it’s work like this.
When a promotor aka a company bring an artist to concert in their country, the promotor pay the artist for shows up. eventhough they end up refund the tickets sold.
Idk about the law in State, whether their work visa will probated them to receive the fee or not. But as fas as I know JYJ supose to get the fee for showing up
in the end the promotor who got lost
@peachisgrey
no, like i said, they (USA government) granted the permitted under condition they have NO monetary benefit from it. the tics money were refunded to fans who already bought it. actually JYJ themselves paid the expenses from their own pocket.
and usually, you get paid for a fraction of the fee in front, and the rest were after the concert. but if the concert cancelled from the promotor, they have to paid the artist in full based on the agreement, no cut for any expenses, eventho the promotor have rented the venues, sold the tics, etc. but if it was from the artist, usually they have to return the fee they have accepted from the promotor n as far as i know they also have to paid for cancellation fee, since the promotor have paid for the venue, etc (but lots of concert are also put in insurance by the promotor). i know this becoz my sis was an event organizer where she work with many artists for an event/mini con/performances. and i was worked in her EO too for around a year.
and it was already stated by Cjes n the promotor themselves (one of the promotor actually spoke in person n there was a fancam abt it) that the concert was still going to be held but it was now a showcase n that JYJ decided to pay for the expenses of the concerts themselves. many fans were refused to refunded (since they have to refund the ticket money or they wont be granted the permit) n many even asked to donated and asked the promotor.
@peachisgrey
no, like i said, they (USA government) granted the permitted under condition they have NO monetary benefit from it. the tics money were refunded to fans who already bought it. actually JYJ themselves paid the expenses from their own pocket.
and usually, you get paid for a fraction of the fee in front, and the rest were after the concert. but if the concert cancelled from the promotor, they have to paid the artist in full based on the agreement, no cut for any expenses, eventho the promotor have rented the venues, sold the tics, etc. but if it was from the artist, usually they have to return the fee they have accepted from the promotor n as far as i know they also have to paid for cancellation fee, since the promotor have paid for the venue, etc (but lots of concert are also put in insurance by the promotor). i know this becoz my sis was an event organizer where she work with many artists for an event/mini con/performances. and i was worked in her EO too for around a year.
and it was already stated by Cjes n the promotor themselves (one of the promotor actually spoke in person n there was a fancam abt it) that the concert was still going to be held but it was now a showcase n that JYJ decided to pay for the expenses of the concerts themselves. many fans were refused to refunded (since they have to refund the ticket money or they wont be granted the permit) n many even asked to donated and asked the promotor.
The promotor will still charge JYJ for the concerts and they will still be paid by JYJ, free concert or not. Because the promotor worked for JYJ not the fans. It’s like saying you’ll not pay for your advertisement fees because your products are free. It doesn’t work that way.
JYJ win this Lawsuit of usa?
who is this kim?
please can you answer me?! thanks!
I totally forgot about this case! Thank goodness it’s over. Sometimes as fans i think we forget the hard work that CJES puts in behind the scenes for JYJ, and all the crap they have to deal with. I may not agree with some of their actions, but i will give them credit where it is due.
Congratulation cjes.
This 2010 US showcase, without A1 working visa ” man made” disaster + humiliation, seemingly destroyed JYJ, HOWEVER, this helped boost JYJ morale, and even willing to perform in US without any penny.
And work even harder against all odds.
Great news! So happy for CJES and JYJ. The good and truth will prevail. Nothing will bring them down. Next come the lawsuit with SME. Lets all pray hard it will end by this year. So JYJ can stand proud in their own country. Fighting!
@jess..i smell victory!!
@trulymike
I felt all this lawsuit was created by SME indirectly using 3rd and 04th part to carry out their dirty job. They are acting like gangster and trying to damage JYJ’s and CJES reputation and to bring JYJ down. Shame on SME idiots ! JYJ will always triumph in whatever they pursue and no evil will stop them. GOD will always be protection them. AKTF!
I think almost of us forgot this lawsuit. This lawsuit was started 2 years ago.
When JYJ had a showcase in NY. One local company which belong to Mr. Park (someone has surname Park, not Yoochun) bought the copyright of the showcase. But then, Park has sold it for Mr. Kim (and Kim is not Jaejoong or Junsu).
After showcase finished, I don’t remember exactly but that was roughly Park has done something without permission of Kim.
So Kim sued Park but not just only Park, he also sued JYJ and Cjes even when JYJ and Cjes didn’t do anything wrong.
Anyway, Seoul High Court says JYJ is innocent at the moment.
Oh, thanks so much for the explanation!
appreciate it!
why park and mr kim sued jyj and cjes seen that they have done all this?is jyj and cjes are innocent? x-(
for money i think! x-(
mr kim and park you are disgusting!
x-(
they want just someone that give to they of money; and stop!
i’m happy that this story to be ending!
mr kim and park go to hell!
jyj and c-jes fighting!
sorry!
then the fault of all this is of this park that sould without the permission of mr kim and that mr kim think that the guilty to be jyj and cjes and sued they? for fault of that park?! x-(
the cjes will must sue they for this!
shame mr kim and park!
jyj is cjes fighting!
i ask sorry for the first comment of up!
i write bad!
sorry!
i have re write the comment under.
then this thing is born all of fact that this park do something of wrong is mr kim have think that jyj,cjes and park to be accomplices!
but the true guilty was park; is he sued they; for a misunderstanding!
cjes sue mr kim and park!
go jyj
go cjes!
actually i think the reason that Mr Kim sued Cjes n JYJ was because they decided to held the concert for free, it means there wasnt any monetery benefit (coz they have to made it for free n have no monetery benefit at all so that they can still perform). when Mr Kim stated he were going to sue Cjes n JYJ, Cjes have make a statement, that they have no connection with Mr kim (Mr kim himself admitted the rights he have was from Mr Park who work with/under the US promotor for that showcase). It is absurd of him to sue Cjes n JYJ, while he himself admitted he never meet Cjes n JYJ and never even talked with them before. the agreement was between him n Mr Park. not between him n Cjes/JYJ.
ok, it seems i have the name misplaced, lol.. after i read the link above, it was Mr Park who bought the rights from Mr Kim (but it is correct that Mr Kim n Mr Park never met or have any contact with Cjes/JYJ).. lol..
shameless this mr kim!
><
No. Mr Kim bought it from Mr. Park.
ok, now i’m confused, lol… well whoever it was, this lawsuit (suing Cjes/JYJ) was have no ground whatsoever, esp since the plaintiff have admitted he never met nor talk with Cjes/JYJ…
I think it was just a tactic to discredit C-jes and the boys. Because the more fans witness JYJ having problems and numerous lawsuit, the more the fans will dwindle away. Because lets all be honest, we started following these guys because they made us happy. Then all of a sudden instead of continuous happiness all we get is worries without any pleasure. Some of us may not be able to handle that, so they will stop following the boys and seek pleasure elsewhere. It’s all part of the strategy to drag the boys down. Some of us fans are just too stubborn to fall for it. They more they try to drag them down, the harder will stick to them, lol.
I just reliaze jyj have lots of court case that havent resolve!! Fighting jyj! Please never give up!
The truth always on winning side
i dont understand these legal term but i’m relieve to hear one of lots jyj’s court cases is solve…
even though jyj still have long time to go, but we (jyj fans) will always there to support them..
jae chun su! we love youuuu, we will say this over and over again so please keep ur strength honey
Yay, CjeS! Yay, JYJ! I know CjeS and the boys are feeling just a little bit better now since they won this case. Now for the big one. Keep the faith, boys…remain strong. Onward and upward…
Reblogged this on JYJ hyugeso.
Well, of course CJES isn’t liable because I find the case very ridiculous to begin with. I remember reading about this lawsuit back then and it seems like this investor “Kim” just wanted to make a scene. Whatever problem was between him and the promoter, but suddenly he wanted to dragged CJES and JYJ into it. If he wanted to sue, then he should have sued that promoter for fraud or whatever. Good thing is it’s all over now.
Yeah!
Good news for JYJ and Cjes….Yay!!!!Hooray!!!Felicitations!!!
Every little good news will help to boost their morale and resolve to persevere…..
Another hurdle overcame….one bigger one to come..GO GO JYJ!!!!!!!We will be right behind you……..
I recall when this was going down there was a woman, who I believe worked for the US promoter, that got hit with the blame for the VISA issue. She was quite upset about the heat she got and made some unflattering comments on her personal blog. It was difficult to tell who she felt was at fault but she clearly thought she was a scapegoat.
Since the promoter didn’t file any claims against C-Jes, my assumption has always been that the promoter probably was at fault in this… has anyone ever heard anything different?
TBS… that there were only two choices at the time… no concert or a free concert. It didn’t matter which way it went, the end result was going to be NO MONEY.
Nobody likes to lose money. I’ve invested in a couple of things that went bust too and it’s not a good feeling, but to be an investor you have to deal with the reality that your investment may not always generate positive results. If you can’t handle that then you’re better off just keeping your money in some bank account so you can get that guaranteed .2-.3% interest rate.
Oh…She wasn’t involved with the sponsoring and showcase controversy at all. The woman who you’re talking about is someone who got frustrated because of something else. She was just someone who did PR for JYJ. She was the one responsible for JYJ being on Yahoo US News article and its main homepage…But she got hate for not putting the facts about JYJ correctly and not doing enough research. (She had a few wrong facts put on the Yahoo article) She had a twitter account but deleted it after that controversy. (IDK if she made it again) …I don’t know if she still uses her blog or not, but she did write there about the incident.
I know the US PR lady you’re talking about (even though I can’t recall her name) and that isn’t the person I’m talking about. This was another woman who worked with the promoter. She did a lot of the updates on the promoter’s Facebook page… she was also responsible for finding and co-ordinating the translators who worked with JYJ.
I can’t even remember that they still have other lawsuits case under their belts other than SME. We only see the dragon and not the lions. These boys are tough as iron. To achieve their dreams, they lost their friends, make a lot more enemies, anti-fans etc. But in the end they find true friends and happiness. Hugs you boys
Yeah for JYJ and Cjes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I am so happy for this site and the fans who post on it. Because I am a fan who has not been a fan that long and I am unaware of a lot of things about JYJ. But like for instance lawsuits that happen before I became a fan. This site and the fans who post here do an awesome job in explaining details about everything. This way I and others like myself can be informed about things that happen before we became fans of JYJ. So I am so very happy to read that JYJ and Cjes won this lawsuite!!!! Also, so happy this site and JYJ fans exist!!!!!!!!!!!!
I was wondering is there a list some where of all the lawsuits that JYJ have had or is still trying to resolve? I hope that question makes sense. I know JYJ have had other lawsuits they have won I hope and ones that is still going on.
JYJ fighting!!!
JYJ fans fighting!!!!
C-jes fighting!!!!!!!!!!!
Well that was a lot to take in…But all that’s relevant is that JYJ/CJES wont this lawsuit.
…..If only the SM vs JYJ lawsuit would end anytime soon.
Reblogged this on JYJ's Fan Worlds and commented:
i am glad one of their case already resolved. since there are many things happen to our boys so i almost forgotten to this case. I hope this is a sign that our boys cases started to resolved one by one now.
For the cases of our boys with SM…….i knew it’s really long and makes us tired and angry sometimes, but i always believe that this is how God show the loves to our boys…..God want to give our boys a more better future than now, The happiness that only can our boys have when they are in current condition. God knew more what the best for our boys. There are many blessings things that disguise as an obstacles happen to our boys….so i am very glad and can felt calm more now
Reblogged this on ParkYoochunID.