Archive for November 20, 2009

Here’s some news of JaeChunSu being accused of fraud by a company in China because of its non-attendance to the events for the promotions of CreBeau.

I won’t leave a comment on this for now since I’m off to work and I was a bit shocked to read this news but I just wanted to post it soon so that you guys would be informed. Besides, I’ll have to look for other articles that could clearly explain the situation so that we’ll know what is the root cause of this accusation is. I’ll get back on this post once I get home from work later and once I already absorbed this info because as of now, I’m too rattled by this news. Things are really getting complicated and out of hand.

Dong Bang Shin Ki trio accused of fraud in China?

It has been known that Dong Bang Shin Ki trio (Micky YooChun, Xiah JunSu and Hero JaeJoong) has been accused of fraud in China.

Dong Bang Shin Ki’s representative came out to say, “This is just a unilateral allegation, there is no problems in terms of legal issues.”

It was known that a cosmetic company has launched a complaint of fraud against the trio at the on 17th and 18th November at the Beijing Arbitration Commission and the Beijing Haidian District People’s Court of Arbitration and Litigation.

The plaintiff ‘Ye Ja Ryeo (睿姿丽)’ have revealed that the trio have promised to attend the various large-scale promotional activities for their joint venturn cosmetic line (Crebeau) when they first joined the joint venture as shareholders and directors, but they did not turn up for any planned events. They have only continuously apologised for their absence.

The company also raised the point that if the trio do not turn up for the events, it has led to many fans’ unhappiness and demand for refund of their goods. The company quoted an amount of 170 million KRW in loss due to that.

But the representative lawyer for the trio Im SangHyuk have said, “I also heard about this only from the reporters. But since the situation now is that even the investors saying to abandon the case, there is not problems in terms of legal issues, just a unilateral allegation from the plaintiff.”

Sources: 1, 2

Some of the documents submitted by the plaintiff

Credit: Kbites

EDIT 091120 (11:30PM): Ok, I’m back to make some comments on this issue. But before anything else, I would like to thank Yotada for explaining the details of this situation (Note to readers: just read Yotada’s first comment for the details).

My take on this issue? Well, I think JaeChunSu aren’t completely at fault here. Just like what the first few people who left their comments said, it was the fault of the plaintiff (meaning the guy suing JaeChunSu) for using DBSK to promote the product without consulting the members first and his irresponsibility in confirming information about the three members’ REAL involvement in CreBeau. But I also think that CreBeau is also somehow at fault because the company failed to explain to the other party that the three members are not stockholders or part owners of the company and that they are not to promote the product through “DBSK-related” activities.

Furthermore, I think no legal action can be taken against JaeChunSu or at least the plaintiff’s claims are “weak” because first – like what I have said – JaeChunSu are not responsible nor are they required to attend all of CreBeau-related events since they are not part-owners of the company. Second, unless a signed contract stating that JaeChunSu promised to appear on the said events is shown by the plaintiff as evidence, he cannot claim for damages because of “breach of contract” simply because no contract exists in the first place. And lastly, I don’t think the trio would promise to attend such events knowing that they CAN’T because of their already hectic schedule the past months due to their concert tours and performances.

The bottom line is, the plaintiff (in my opinion based from the facts that were released in the news) has no grounds of suing JaeChunSu for not attending the events. The way I see it, he’s just suing the members because he lost a lot of money even if the members aren’t really at fault for such thing. Suing them and hoping that the Courts will side in favor of him is his only way to get back his money. But unfortunately for him, I think his case is really weak due to lack of evidence to support his claims and because, like what JaeChunSu’s lawyer said, all the things the plaintiff said are merely allegations against the members.

I seriously think the plaintiff should stop dragging the boys’ names in this issue since obviously, they are not at fault. This is more like an issue or misunderstanding between him and CreBeau therefore the two of them should be the one talking and solving this, not the three members.