[NEWS] 260606 - Exclusive: VIVIZ wins injunction against Big Planet Made… Court acknowledges ‘unpaid settlement money’
“With this decision, VIVIZ will be able to continue independent activities while the main lawsuit proceeds, and the path has also opened for the group to freely explore the direction of its future activities.
On the 5th, the Seoul Central District Court’s 50th Civil Agreement Division, presided over by Judge Lee Sanghoon, fully accepted the application for an injunction to suspend the validity of the exclusive contracts filed by the three VIVIZ members against BPM.
In its decision, the court ruled that “the effect of the exclusive contracts concluded between the creditors and the debtor shall be suspended until the judgment in the main case is delivered.” It also ordered that the agency must not negotiate or conclude contracts with third parties against the members’ wishes, demand that the members engage in entertainment activities, or request that third parties prohibit the members from carrying out activities.
On March 4, VIVIZ notified the agency of the termination of their exclusive contracts, citing the agency’s failure to fulfill its obligation to pay settlements, failure to provide management support, and the resulting breakdown of trust between the parties. Since then, both sides have continued a legal battle over the validity of the exclusive contracts.
According to the decision, the court cited the agency’s failure to pay the promised settlement money as a key basis for its judgment.
The court determined that the settlement money owed to each VIVIZ member was more than 100 million won, stating that “it is reasonable to view the debtor as having violated its obligation to pay settlement money.”
During the trial, the agency argued that it had difficulty paying the settlement money due to an attempted management-rights takeover by outside forces and false media reports concerning Chairman Cha Gawon. However, the court did not accept this argument. The court found that “the attempted management rights takeover by outside forces and false media reports are merely circumstances unrelated to the creditors.”
The issue of providing settlement records was also a point of dispute. The court pointed out that the settlement statements provided by the agency only listed the amounts of revenue and expenses, without attaching specific supporting materials such as tax invoices and receipts. It also noted that the agency had not provided the related documents afterward or explained how the members could access them.
Attorney Woo Honggyun of Shinwon Law Firm, the legal representative for VIVIZ, said, “The court has decided to fully accept the creditors’ claims,” adding, “The unpaid settlement amount specified in the decision is only part of the total, and we plan to expand the claim during the main lawsuit.”"
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POV: Hoshi when he saw Wonwoo in school uniform today:
“Ah… this is my 9th grade Wonwoo”
they really grew up so well and they’re still the same two best friends 🥺
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