According to JYJ January Schedule, soon we will have “The sentencing of Litigation Lawsuit” between JYJ and SM in January 18th.
There are three kinds of court (District court, High court, Supreme Court) in Korea. All kinds of trial about civil suit start at the District court.
Their Trial is progressing in the District court.
The trials are a counter suit. Therefore, they progress two lawsuits at the same time.
– The 1st trial is that SM sued to JYJ. So SM is a complainant, JYJ is a defendant. It’s about the contract is existed and the compensation for damages.
– The 2nd trial is that JYJ sued to SM. So JYJ is a complainant, SM is a defendant. It’s about the contract isn’t existed and demending to refund unfair profit.
They are directly-opposed lawsuit. But it’s like two sides of the same coin. So they’ll judge both of them together.
SUMMARY OF THE TRIAL (HEARING)
About the 1st Hearing: (Date: In the middle of November, 2010)
SM submitted petitions first, the receipt number is leading than JYJ. So lawsuit for SM tried the first.
* The summary of argument for SM.
1. JYJ want to cancel the contract because of they were blind with the business of cosmetics.
2. Because there were agreements between SM and JYJ, the long term contract, for 13years, is not the problem.
3. The estimated amount of a nimious compensations for damages is reflected by the order of FTC. So it’s not the problem.
4. The share of profit is made to be favorable to JYJ. It’s the best treatment in same field.
5. We never deprived the freedom of JYJ. We worked to respect their opinion.
———————-> From here, the basis to argue that contract is valid.
6. Because of default of JYJ… SM and YH, CM made a loss a lot. They have to make reparation for damages.
* The statement is based on the refutation of JYJ.
1. SM misleads the essence of case through the business of cosmetics. But the essence of case is the contract would be valid or not.
2. Because of unfair contract, there were several cases to cancel the contracts. That is decided in a high court of justice this year.
3. Before the determining of default, to judge the first is contract would be valid or not.
4. Although the contract is valid or cutting legal terms, the term to contract (7years) would be gone… and it can’t happen the problem of default.
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