As some of you are aware, there was another trial session today in Korea. It sounds like SM's witness could not make it to that trial for a reason, and SM-bashers are in full force condemning SM for delaying the trial process.
You know that Hankyung's lawsuit began later than CJS's, but his trial is already over, and some of you are probably wondering why CJS's lawsuit is taking so much longer, and this post will explain why.
After the Temporary Contract Injunction judgment was given on Oct 2009, CJS's lawyer had an interview stating that the main lawsuit will be filed within 2 weeks which they never did.
Let me first explain what an injunction is. The injunction is a court process that's used to get a quick judgment on a matter that's considered urgent. For example, if someone were publishing a book that contains some info damaging your reputation, it would be too late to go through the normal trial process because even if you win the lawsuit to stop the book, it would've already been published damaging your reputation. So you file an injunction to stop the book momentarily until the main lawsuit is over. Injunction is usually filed with the main lawsuit at the same time. CJS's lawyer just used it to get a judgment that allowed CJS's entertainment activities without SM. It was a pretty brilliant move at that time.
During the interview by CJS's lawyer, Lim Sang Hyuk, he said, "We got what we wanted from this injunction. We are allowed to do entertainment activities freely by stopping the effect of the contract." This tells that CJS didn't need to file the main lawsuit, so they didn't, and it shows that they didn't care about the result of the lawsuit at that time as long as they were freed from the contract.
Remember that after the injunction, CJS signed an exclusive contract with Avex, and worked actively in Japan including the Tokyo Dome Concert and many other activities. At that time, CJS fans didn't take any issue with delaying the actual lawsuit because their "idols" were doing fine.
Well, guess who filed the main lawsuit first? It was SM, not CJS.
SM was trying to get the 3 members to come back to continue activities as TVXQ according to the court testimonies (will be covered in the future), but the 3 didn't want to go back, so it was SM who finally filed their own lawsuit to validate the contract on April 2010. SM also filed an objection to the injunction at the same time. Only then, two months after the SM's lawsuit, 8 months after the injunction judgment was given, and almost 11 months after filing the injunction, CJS finally filed the lawsuit to void the exclusive contract on June 2010.
CJS delayed the main lawsuit for 11 months, but now they seem desperate to get a judgment from the lawsuit along with JYJ fans, so what changed? Avex, that's what. Avex suspended CJS's activities in Japan on September 2010, so CJS couldn't work in Japan any more.
Without Japanese market, they suddenly found the need to work in Korea, but because they're still technically under SM, and there's suspicion in the entertainment industry that they signed a "dual" contract with C-Jes (I'll go over that issue too) therefore blocking their Korean activities, they are desperate to get a judgment. CJS's lawyers were asking the judge to make an immediate judgment on the validity of the contract during every court sessions for that reason.
So please SM bashers, if you're going to complain about delaying this lawsuit, you should talk to CJS and their lawyers. SM's witness will testify in March. This is going to be a lengthy court process.
This would've been already over if CJS camp filed the lawsuit and the injunction at the same time like they were supposed to do.