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SM Entertainment (hereafter SM) filed a request to the court to cancel the submission of “preservation of evidence” application as being requested by TVXQ members Hero Jaejoong, Micky Yoochun, and Xiah Junsu, however, the request was rejected.

One of the litigants through a phone call with Money Star News on the 23rd said, “On last 18th, the court rejected SM’s cancellation request of evidence preservation. Claimant side’s, the three TVXQ members, preservation of evidence application is still up and will receive document submission related to earnings from SM.”

The Seoul Central District Court prosecutor explained the reason of the rejection, “The fact which has been drawn up is about legal relationship between the artists and their agency company, and in compliance with law of civil procedure article 2 section 344, the document holder side couldn’t refuse to submit the documents that become object of document submission order assertion from the complainants.”

On August 5th, Jaejoong, Yoochun, and Junsu side submitted a preservation of evidence to the court to calculate the real income distribution of all TVXQ activities from SM Entertainment. The preservation of evidences demanded including accounting books, contracts, receipts, journals, and any relevant documents related to the income distribution calculation.

With the court rejection, seems that the document release by SM is now inevitable.

Currently both sides of SM and 3 TVXQ members has been waiting for the court decision after the first hearing on 21st last month.


source: star.mt.co.kr + cbs
summarized trans by: sharingyoochun@wordpress

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*Note: Cassiopeia at DNBN would like everyone to know that the petitions submitted were not asking the Courts to stop the disbandment of TVXQ, but instead were highlighting the unlawful parts of the contracts and asking the Courts to amend said parts.*

Source: [starnews+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

The decision regarding the legal dispute between three members of TVXQ and SM Entertainment will be made this month.

TVXQ Xiah Junsu (Kim Junsu). YoungWoong Jaejoong (Kim Jaejoong), Micky Yoohun (Park Yoochun) and SM Entertainments conferences to reach an agreement have broken down altogether.

In a phone conversation with Newsen on the 15th, the Courts stated, “Both sides submitted all relevant documents by September 11th. Both sides are not willing to back down from their positions so a mutual agreement doesn’t seem likely to occur any time soon,” and “After all the documents have been read and examined, both sides will be told of the results. We are not certain, but the decision will be made this month.”

TVXQ’s three members have been waiting for the verdict since September 11th when they submitted all documents relevant to the exclusive contract suspension request they filed against SM Entertainment. At the hearing, the Courts stated, “We will end the hearing for now and both sides must submit all relevant documents by September 11th which is in three weeks. We will examine these documents and come to a decision.”

An SME representative stated, “After submitting all documents in by the 11th, there is nothing we can do but wait. We do not know when exactly the verdict will be given.”

 

Source: [newsen+DNBN]
Translation credits: jeeelim5@tohosomnia.net
Shared by: tohosomnia.net

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