it is about DBSK

it is about DBSK

Postby VampirePrince on Sat Aug 22, 2009 4:29 pm

did you hear?? Jaejoong, Junsu, and Yoochun in a fight with SM?? or whatever it was. anyway if they get lawsuit, then they get kick out of DBSK!!! and they're
going to find three new boys to join dbsk with Yunho and Changmin!! so what's going to happen!! any guess?? :evil: :(
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Re: it is about DBSK

Postby VampirePrince on Sat Aug 22, 2009 4:36 pm

It is confirmed that that the conflict between DBSK and SM stems from diverging opinions on money issues. On the 9th, MBC TV programme Sisa 2580 touched on the DBSK VS SM issue and profits division for the 5 years after DBSK’s debut was made public.

The 3 members had a sharp conflict of opinion over this issue.

During the interview, SM’s lawyer Jo Wu Song explained that DBSK and SM’s profit distribution were at 4:6 (dbsk vs sm). For the past 5 years, sales were are 498 billion won and out of these, SM’s investment stands at 224 billion won. After accounting for costs/investments, profits were at 274 billion won out of which 110 billion won goes to DBSK and 164 billion won goes to SM.

Find out more after the jump!

According to SM, during the calculations and distribution of profit, members’ signatures were needed and there can be no problems with accounting. SM also emphasized that for overseas activities, profits were distributed at 7:3, with DBSK receiving a much larger share. Hence, by focusing the issue on the profit distribution of album sales (4:6 ratio), it will be beneficial for DBSK’s court case but it’s actually a form of hoodwink.

With regards to this accusation, the 3 members replied that ‘they couldn’t believe SM’s stand’. According to the 3 members’ lawyer Im Sang Hyuk, the members do not trust SM’s disclosure of sales figures. By filing a court case, the members wish to obtain a transparent and accurate account of the sales figures.

With 2009 Summer SM Town being postponed indefinitely, it seems like this situation is becoming worse. The first hearing will be on 21th.
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Re: it is about DBSK

Postby VampirePrince on Sat Aug 22, 2009 4:43 pm

Dong Bang Shin Ki members Hero JaeJoong, Micky YooChun and Xiah JunSu will go through a trial to retract the exclusive belonging rights of their ‘unjust contract’ with SM Entertainment from 21st August.

In a hearing held at the Seoul District Court late Friday morning the three members’ legal representative from the law firm Shin & Kim (also known as Sejong Law Firm) spoke about how the group’s contract is unfair and how the profit has not been distributed properly.

SM Entertainment countered it by claiming that the agency incurred loss for four straight years while the members were in training and the profit payment was carried out fair and square.

During the hearing the lawyer said that the three members want to move to another agency, but also want to continue on their careers as Dong Bang Shin Ki . The Shin & Kim lawyer cited another long-running K-pop group, Shinhwa, as an example of group members belonging to different agencies, yet working together.

The hearing reportedly went on with both sides fiercely arguing their positions. The court said that a mediation period can be set aside, if the two parties agreed, and recommended that the two parties settle the case to wrap up the proceeding quickly. Meanwhile, 120 thousand of Dong Bang Shin Ki fans have filed a petition against SM Entertainment’s unfair long-term contract to the Seoul District Court on Thursday.
Other updates:
#Courts Urge for a ‘Mutual Agreement’ for the TVXQ Dispute

Seoul District Court’s Judge Park Byungdae, after listening to both sides, said, “We think the best way to solve this dispute is for the two sides come to a mutual agreement, when we put the responsibility for biggest fan club in the world and the relationship with the other two members into consideration.”

The judge stated, “If both side would like to set a settlement date that will not be open to the public, that can be arranged,” and urged both sides to come to a mutual agreement.

The Courts agreed to both sides’ wishes of ending this dispute early on and will come to a decision after examining all the related materials handed in on September 11th which is 3 weeks after this first hearing.

The lawyer representing the three members said, “They do not want a disbandment of TVXQ,” and “There are cases where teams stay together even if the members are in different agencies.”

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.”

SM Entertainment’s lawyer said, “Although the three members who filed this lawsuit are not having their right violated, the agency is losing a lot of money due to this trial so we wish for it to end quickly and for TVXQ to start their activities again,” and “The only reason SME asked the three members to not participate in the Chinese cosmetic company branch was because the agency feared that TVXQ’s image might be damaged in some way; the agency had no other intentions.”

The Courts said, “As long as this lawsuit has been filed, please refrain from talking about or attack the other side through the media.”
#SME Against the Evidence Preservation

SME filed for an appeal against the Evidence Preservation application, stating that “The receipts of the TVXQ members’ income, as well as other documents and materials needed for this settlement to proceed is the company’s trade secret. And if this is to be exposed to the media can be fatal”

The court described an “in camera” system to invalidate SME’s claim of a fatal risk. The “in camera” system is the process in which the viewers of the evidences are to selected/limited number of people only. Because of this, TVXQ’s payment issue can be resolved now and the current conflict can be raised.
#TVXQ, “Without Revealing The Entire Contract, It Will Be Hard To Reach An Agreement”

TVXQ’s three members’ legal representative stated that, “Without revealing the entire contract as well as all the income TVXQ has earned, it will be hard to reach a mutual agreement.”

Judge Park Byungdae of Seoul District Courts was in charge of the first hearing between SM Entertainment and the three members of TVXQ. On that day, he revealed that he wished for the two sides to come to a mutual agreement for sake of the world’s biggest fanclub and the other two members.

In accordance to this, Sejong, who is representing the three members of TVXQ, stated, “Unless SM Entertainment reveals the entire contract as well as TVXQ’s income, it will be hard to reach an agreement.”
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