Saturday, March 28, 2009

Rain explains 5 questions raised after the Hawaiian trial

Rain who lost in the lawsuit in Hawaii explained the 5 questions raised. For certain points, he stated his stance clearly and said that he will take firm actions in the future.

▲ Dismissed in the Korean court but guilty in Hawaii?

Regarding the concert cancellation during the 2007 World Tour, the Hawaiian domestic promoter Click Entertainment filed a lawsuit against the concert host, Rain and his previous agency in both Korea and Hawaii.

Click claimed that the defendant "did not have the intention to hold a concert, yet sold the right and cancelled the plans to swindle the deposit." Regarding this claim, the Seoul Central District Prosecutor's Office accepted the fact that the lack of safety concerns on the stage was the main reason, said that it was unnecessary for Rain to be accused, and dismissed the case. However, the Hawaiian Federal Court charged the defendant a total of 8million dollars for violating the contract and to compensate for the loss.

Regarding violation of the contract, it must first be looked whether the plaintiff and the defendant came to a contract agreement, and there must be evidence of financial trades for fraud to be charged, but Rain and all the people concerned lost the lawsuit.

For this loss, the lawyers point out the fact that this was a civil suit, the jury was composed of general people and that they had no understanding in the difference in agency structure between Korea and Hawaii.

▲ Outrageous(?) compensation, does Rain have to pay it all.

Since the judgment, the press made it sound as if Rain had to pay 8million dollars on his own but that’s not the case. The plaintiff sued the host StarM, the American hemisphere host Revolution, Rain and his previous agency JYP, and of the compensation, Rain will have to charge 3.75 million dollars.

The legal professionals believe that the 'punitive damage' which accounts for 2.4 million dollars, does not apply in the Korean law, and thus might be out of the question. And unlike what certain press says about Rain being unable to pay for the deposit for appeals, the deposit is entrusted to the court only during the appeal period, and thus is not a burden at all.

▲ J Tune to take the burden? Unstable financial structure?

Certain press said that Rain's agency J.Tune will have to pay for the charge. However, Rain's current agency J.Tune does not have anything to do with the World Tour nor the case. Also, J.Tune's stock executive, regarding rumors on unstable financial structure of J.Tune, responded "as of March 2009, J.Tune’s financial structure is firm and strong, and is in no danger of collapse. Recently, J.Tune Creative which was established 100% from J.Tune Enter is also creative much revenue."

▲ Dismissed in the Korean court but guilty in Hawaii?

Rain's agency is preparing an appeal against the primary jurisdiction, and could lead to a retrial or the tides could be turned by the judge. The secondary trial will be carried out in Superior Court of California with 3 fair judges. Thus Rain's agency believe that the truth will be revealed.

▲ Is Rain coming to an end?

Click threatened to seize Rain's domestic asset in certain press. However, since Rain has been dismissed once in the Korean court, it is impossible to take seizure unless Click turns the tides in the Korean court first. Rain's agency expressed that "regardless of the jurisdiction, the planned schedules will be carried out".

The public relations team added "commercial and model proposals have been flooding in even after the jurisdiction, and the commercial industry in particular has high expectations due to Rain's overseas schedules such as the release of his Hollywood movie 'Ninja Assassin'.

The fashion & design brand J.Tune Creative where Rain himself acts as the designer and the model also said that "the roots are becoming stronger due to constant revenue increases and chain proposals", adding "there are plans for chains overseas as well as fusion stores in Bali such as the Teddy Bear Museum."

▲ Constant ill-intended press, will not stand for it

Rain's agency is currently preparing an appeal for an unacceptable decision. If the retrial is not accepted, they will make an appeal, which will take another 2 years.

Also, Rain's judiciary team said that "due to ill-intended articles, Rain as well as the agency and all stockholders are receiving damages", implying strict stances in the future. Rain’s agency pointed out that Rain 'stands strong in innocence' and that he will continue his 'endless challenge and passion' despite what the jurisdiction holds.

Source: Asia economy
Brief translation credit: rain bird@rain-eu.com

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