☭ marselip0910 叶俊华™

Source: Xiah Junsu’s Twitter, Sports Chosun, Newsen, E Daily, World Journal, Sports Chosun via Daum
by VITALSIGN on February 17, 2011

JYJ官司勝訴 俊秀對歌迷表示感謝
FR:JYJ吧

a）17日首爾中央地方法院作出判決,JYJ成員和SM簽署的合約屬於無效合約,並且SM不能作出妨礙JYJ成員演藝活動的行為。JYJ對這期間為此事奔波勞累的所有有關人員表示感謝,並表示以後會以最大的努力回歸陪他們一路走來的人們。
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b）廣播、唱片製作者或演出企劃公司等有關的活動提出異議等妨礙演藝活動是不行的。並表示"jyj勝訴。"對此,sm方面對此表示反對,決定提出異議申請,但法院並沒有接受。3月中旬將舉行辯論的本案訴訟
請大家繼續關注3月中旬的聽證會

c）法院，"JYJ獨立演藝活動保障合法"..SM假處分申請駁回——首爾中央地方法院就SM娛樂對JYJ提出的的假處分異議申請及專屬合同停止假處分申請全部駁回。自此法院的決定將遵從保障JYJ獨立演藝活動的合法化，如果SM還主張合同有效的話，那就是妨礙JYJ成員們的演藝活動

d）今天中央法院判決了哥仨與sm的專屬合約無效，這並不是jyj訴訟的最終審判，3月15日的聽證會仍將照常。SM主張JYJ與c-jes的合約是無效，違法的，實際上jyj與c-jes簽署的是工作委任合約。

On February 17th, the Seoul Central District Court dismissed both lawsuits filed by SM Entertainment against JYJ.

To recap, SM Entertainment filed an objection on October 27th, 2009, claiming that the Seoul Central District Court’s order to prevent them from interfering with JYJ’s individual activities was illegal.

The court rejected SM’s injunction objection application by stating, “The exclusive contract between SM and JYJ forces the celebrity to become subordinate to the agency without any discretion. JYJ has no option but to follow SM’s actions due to the subordinate rank they are forced under in the power of SM. A long-term subordinate contract cannot be justified by the risks the agency took in investments, as well as international advancements.”

They continued, ”Aside from the long-term contract terms, SM’s ability to supervise and direct every move made by JYJ, as well as the clause claiming that JYJ must repay for losses only emphasizes the subordinate positions of JYJ in the contract, so the injunction is invalid.”

Regarding the second injunction filed by SM Entertainment, asking the court to suspend JYJ’s contract with CJES Entertainment, the court replied by saying that the injunction is invalid since SM Entertainment was ordered on October 27th, 2009 that they were to not interfere with JYJ’s individual activities, and their injunction was in breach of that order.

Baek Chang Ju, CEO of CJES Entertainment, commented, “We consider it a victory of truth and hope that their activities are no longer hindered by forced accusations of double contracts. We will be working hard to show only the best side of JYJ to the public. I would like to thank the JYJ members and the staff for consistently battling a tiring fight against Goliath.”

In conclusion, the exclusive contract between SM and JYJ is invalid, and JYJ’s individual activities are legal.

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[UPDATE #1]
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Representatives of SM Entertainment stated in the aftermath of the ruling, “The legal battle between SM and JYJ is not yet over. This court decision is merely regarding a preliminary injunction, this does not mean that the exclusive contract between SM and JYJ is invalid. The original lawsuit is still ongoing, and the date of pleading will be sometime in mid-March. Through the original lawsuit, the truth will be investigated, and we will be working to make sure that their contracts are still valid.”

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[UPDATE #2]
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Meanwhile, Xiah Junsu tweeted to thank the fans, in response to the ruling, “All of you fans did not let go of the dangerous and risky string and helped us in withstanding everything.. Even when the string bled through our skin and wounded us, it was because all of you that cleaned and treated us that we were able to hold on until the end.. Thank you, genuinely.”