JYJ3’s Note: Remember that this is an announcement from Avex. It seems accurate that Zak Co. and C-JeS Co. withdrew their petitions against Avex. However, everything else is mere speculation – for instance, to withdraw a petition does not imply that the other party had the upper hand.
Central to this withdrawal is the fact that what Zak Co. and C-JeS Co. filed were petitions for (1) injunctive judgments (2) for obstruction with the June charity concert. An injunctive judgment asks the court to order a party (in this case, Avex) to take action or to refrain from action and typically does not involve money damages. Furthermore, an injunctive judgment is an extraordinary form of remedy as compared to money damages and therefore requires some showing of need or practicability.
In this case, Zak Co. and C-JeS Co. were asking the court to presumably stop Avex from interfering with the June charity concert. We now know that the June charity concert is most likely being held. In such a case, there is little for the court to do– nothing the court orders Avex to do or to refrain from doing will affect this June charity concert which is 5 days away. In other words, with the June charity concert being held, there is little reason for this particular petition that deals with the June charity concert to continue standing.
To make this even clearer, a petition for injunctive judgment is different from a petition for declaratory judgment or a lawsuit asking for money damages (the usual kind). In the latter two, if the defendant/respondent (in this case Avex) had done something wrong, then even if the act is already past, the plaintiff/petitioner can get some sort of an opinion from the court. A petition for injunctive judgment, however, does not ask the court to rule whether Avex was proper or improper (as does a declaratory judgment) or to rule whether C-JeS suffered any unjust damages (as does a normal lawsuit for money damages). It merely asks the court to command Avex to either take some action or refrain from taking some action. In this case, since the June charity concert is 5 days away, commanding Avex to stop interfering is not going to make any difference either to C-JeS or Avex. Therefore, this petition for injunctive judgment has no further use. Because a petition for injunctive judgment requires some showing of need, the court may dismiss the petition because, as said above, there is no further need for anything to be done with regards to this June charity concert.
The withdrawal of these petitions therefore is more of an indicator of Zak. Co. and C-JeS Co.’s attitudes and beliefs about the June charity concert than any of the merits of the legal arguments. In other words, JYJ and C-JeS remain free to pursue other means of legal relief in the future against Avex’s many wrongs.
[TRANS] AVEX’s Announcement
On the Petition for Injunctive Judgment Regarding the JUNSU / JEJUNG / YUCHUN Event:
As stated in our press materials of April 28th, on the Charity concerts for the Victims of Tohoku-Kanto Earthquakes by our exclusive artists JUNSU / JEJUNG / YUCHUN, Zak Corporation (hereafter “Zak Co.”) which is the hosting company and the Korean corporation C-JeS Entertainment., Co. LTD (hereafter “C-JeS Co.”) which is the JJY’s agency had petitioned for two injunctive judgment stated below, arguing that our response (to the charity events) were obstruction of business and such.
– Year 2011 Y 1115 Petition for Injunction to Prohibit Obstruction of Business (Civil Section 9) Petitioner Zak Co.
– Year 2011 22020 Petition for Injunction (Civil Section 46) Petitioners Zak Co. and C-JeS Co. Jointly
Our company had felt certain that we would argue our legitimacy through the two petitions for injunctive judgments and as a result receive the judgment of dismissal from the court. However, on May 27th of this year, Zak Co. and C-JeS Co., without having waited for the court decision, themselves withdrew the two petitions.
It is that Zak Co. and C-JeS Co. believed that to maintain the above petitions any further was difficult and so themselves gave up the petitions, and this fact merely signifies the legitimacy of our arguments in a court of law.
We report to you as above.
If Avex would stop and think for a second, they would realize that this withdrawal means that C-JeS and Zak aren’t even concerned with the possibility of Avex interfering with this concert. In other words, they know Avex can’t do a thing about it at this point.
AVEX needs to watch out.. Really watch its steps because they no longer have the nice perfect little picture they thought the J-fans will still continue to see… /smirks
Fans woke up and smelled AVEX’s stink already 😀
avex is just so pitiful all I want to do is laugh at them right now ..
AVEX is funny… really… Looks like Jae told us nothing easy, be strong and take heart thing because these particular people might try to disturb us…
They dont know when to stop … arent they?
i really hope jyj/cjes wont get sued. i guess we’ll see what happens once the concert happens.
they won’t get sued.
No, CJeS and Zak won’t get sued.
Sejong is no fool.
U were stalled avex..or can u not even see that?
Oh I really hope Avex weren’t notice that they’re being stalled. I hope Avex didn’t know anything at all about this concert, so Zak and CJeS can prepare the concert smoothly.
Getting played is not a good sign of having any smarts. 😉 I am so loving this.
Well, well, well. I can’t help being reminded of certain argumentative stans who dropped by awhile back and told all of us “AVEX is a huge corporation! JYJ can never prevail against them! They are so screwed in Japan!” And the like.
Looks like AVEX backed down in a negotiation with C-jeS and now C-jeS and JYJ get to have a concert in Japan.
Well, well, well. What do you know…
“well well well, what do you know”
So right babe!
They think everyday is Sunday!
just let’s we see later what’s gonna be happen when the concert happen
Avex is dumb, I mean seriously Cjes/JYJ are going to have the concert so the petition serves no purpose anymore, whatever Avex does will have no affect at all.
Avex is so smug it’s painful. Though as the admins note this does not prove they are right and CJeS/Zac are wrong, just that the injunction was no longer needed
yeah… as stupid as their(AVEX) announcement earlier.. the only reason this injunction was filed was because that company is trying everything for this event not to happen.. But since the charity event is going to push through, what’s the use of the injunction?
I hope, that they understand what you are doing good work in the interests of their people
is this why jae tweeted about nothing easy in this world, to put effort and take heart? oh jae, just believe, ur fans be with u to fight…
and really, so often i think that are AVEX filled with stupid people? i mean, Zak co and C-JeS did withdrew the petitions, BUT, they still gonna hold the charity concert. so what part of the fact that the concert still gonna happen make AVEZ think that CJES n Zak afraid of losing?if the withdrawal ALSO followed by cancellation of the concert, than avex can boast that they have won. please avex, even without revealed the place, the concert have been sold out. dont u think it like slap in ur face?
“the legitimacy of our arguments in a court of law” ur a**. if CJeS really push thru the petitions, with the Seoul Center District ruling last time, u dont even have legal power to interfere with their activities anymore as ur contract with ‘JJY’ have ended and u only have ur contract with sme to tohoshinki. gosh! stupid people just stupid. and, please, can u read the petitions more clearly, avex, or are u people cant read? its not JJY, its JYJ. its written it their official statement n in the petition itself… jeez avex, please learn more about people’s name will u, u just keep embarassing urself!
ahhhh….i kind of dizzy*******dang!!!!
what’s this news all about…i dont understand when it comes to law…mian
i hope CJES makes a public statement to counter the confusion/.. i’d rather believe them than any BS AVEX is saying.. their trying to brainwash the Japanese fans..
I agree, C-Jes should make a statement.
I agree with you two, my sweet girls. I don’t confide on Avex. I want to read C-Jes statement before sharing my opinion.
i see this as avex trying to look good again or like they are in control. but, the mighty will prevail! all these things will be a fight BUT we will be victorious in the end! jyj hwaiting!
This statements will soon to be revealed as bluff for their stakeholders. Silly @vex…
well if the main goal of the petition is to ask the court to refrain Avex from interrupting the concert process like as it did before.. then I think C-JeS and Zak already made sure that Avex can’t be messing with them again regarding the concert process interruption.. so they withdrew the petition..
as they are saying that there is no need to a court decision now coz we did it already..
that’s the logic behind it I guess.. as I hope so too..
its pitiful, i known about avex before tvxq joined…..its pitiful how avex went from awesome company to this. avex u have fallen from grace. u no longer that company from before. how can u be this dirty. i guess u did good job covering it up all these years….or was it sme that give u ideas….whatever it doesnt matter. avex, dont be surprise if everyone realize what u are doing is wrong and stop supporting. people are a lot smarter than u think.
¡Proud and arrogant men!
¿What else can we expect from a man whose twitter account is named
“@Mazinger_Dragon”? He definitely is convinced that he’s all powerful.
But the truth lays elsewhere, near the coasts of S. Korea.
He should rename his account to “moaning-lizard” instead!
“He should rename his account to “moaning-lizard” instead!”
¡That’s my sweet sister! ¡I feel proud of you, baby!
I just want to know where our JYJ charity concert gonna be in JP, and I’m waiting for it,Avex ,you just stay in your dark corner ,I’m so tired with your stupid stuff…
i didn’t understand ANYTHING…can someone please explain this in easy words? 😦
So am i, a little bit confuse as theres no feedback from c-jes. i truly hope all my sista’s opinion will come true. Always keep the faith in JYJ
C-jeS and AVEX obviously reached an agreement behind closed doors (you know–the way reasonable adult business people do things) and JYJ will get to do their concert, so there’s no more need for the injunction asking the court’s assistance to make AVEX back down.
Avex such a childish here..
Bwahahahahaha. avex is funny. ^^
Avex or Sme what u so worry about? jyj becoming real big!!!! well~ I’m sorry but it will happen!!!
Yep. It was bound to happen. I mean, at what point did the brain trust at AVEX stop saying to themselves and each other: “THESE guys? Noooo, they’re not going to do anything! Who cares about these guys! Nobody’s gonna care one way or the other about these guys, right?? Right???”
Geez. How wrong can you be and still be in business? AVEX is the poster child for this question.
Avex reeks of desperation. They don’t seem to err on the side of caution. What I think of Avex’s post = a premature party post.
Keep anything court related to yourself. Stop making rash statements in touchy situations like this. Pft. “this fact merely signifies the legitimacy of our arguments in a court of law” indeed *sarcasm, in case you can’t tell, fellow readers*.
Heck, if you look at October, you do not see C-JeS announcing (*ahem* celebrating like unclassy Avex) that SM withdrew their injunction – in fact, it was but a mere passing remark to a newspaper. That’s it.
Im not suprised if Avex, Max and Chiba will suddenly shift side and “reconcile” with JYJ like it does before we SME. LOL this company will skewed towards its benefit heh… We know how big a$$-licker they are.
I know people will against it but of its benefiting JYJ, I dont really care heh. No one play it fair so why dont we in the game and not playing fair as well?
” No one play it fair so why dont we in the game and not playing fair as well?”
Oh. I so agree with you. It’s all good. AVEX has backed down like the pussies they are and JYJ gets what they want…to do a benefit concert for the quake victims of Japan.
Here’s the amazing thing about JYJ: they never point fingers or complain, they never name names when they are being messed with, they never cry out in anger when they are being dissed. They stay outwardly positive, find another way to proceed and keep moving forward. They are quite amazing like that, they are one in a million. I think that this is why they will eventually win it all. Who can go up against them? Who can look like anything but the pond scum they are in comparison to JYJ?
Wow thanks for this article. Really makes me understand injunction better ^^
Cjes as stupid as avex n SM