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TVXQ Legal Log
[topic] CreBeau 
11 20 09 [crebeau]
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The long and possibly-sordid CreBeau tale.

Updated 2009.12.12!

There is a LOT of conflicting claims and finger-pointing in all of these news items. Something to keep in mind:
  • All the parties involved (JJY, SM, CreBeau) have a vested interest in making their viewpoint prevail. CreBeau is interested in selling cosmetic products; its primary concern is not helping JJY mend legal woes with SM. Keep that in mind when evaluating the motives for statements made by CreBeau reps (and everyone else involved in this mess, for that matter).

January 6, 2009 - JJY travel to China to Meet with CreBeau
While on their annual 10 day vacation Yoochun, Jaejoong, Junsu (and Junho) all travel to China to meet with the beauty company CreBeau. Iit is later revealed that a man [possibly one of their managers] went with them and attended the meetings. The boys return to Korea on January 8th, 2009.

Sources: Who Said What?
  • JJY says: yes, we met with CreBeau
  • SM says: yes, they met with CreBeau
  • CreBeau says: yes, they met with us
Reliability of Source(s)
  • All parties agree that JJY met with CreBeau in January. Later, discrepancies will appear over SM's awareness of/representation at the meeting at the time, the level of JJY's involvement in CreBeau, etc.

July 15ish, 2009 - CreBeau event held in Beijing with Junsu & Yoochun's families
Junsu's father and brother were featured guests at some kind of CreBeau event in Beijing. Junsu and Yoochun's mothers were there too.(?) The mods don't know how this event was planned, how it was promoted, or really how it fits into the whole CreBeau picture. This may be the event JJY were "expected" to be at by the Beijing distributors.

Sources: Who Said What?
  • n/a
Reliability of Source(s)
  • This is a fan account but it clearly chronicles are real event and has pictures.
  • Is this the event that a Japanese fan contacted Avex about? Is this the one the distributor was pissed about? Anyone know?
  • Interesting to note -- take a look at the comments from dbsg lj comm members and notice how many people exhibit confusion over the relationship between CreBeau and TVXQ. I remember feeling that way too.


August 4, 2009 - CreBeau sues SM for defamation of character

Sources: Who Said What?
  • JJY says: n/a
  • SM says: n/a
  • CreBeau says: SM screwed up our reputation - we're suing!
Reliability of Source(s)
  • This news wasn't reported until late August, but the lawsuit was supposedly filed on August 4.
  • See the August 26, 2009 entry below.


August 26, 2009 - It is announced that CreBeau sued SM for defamation on August 4
Multiple news sources announce that a Seoul Central District Court officer revealed that CreBeau had filed a lawsuit against SM for defamation on August 4, 2009.

Sources: Who Said What?
  • JJY says: n/a
  • SM says: n/a
  • CreBeau says: SM keeps trying to make the lawsuit between JJY and SM about CreBeau and it is not about CreBeau. SM is hurting our image by doing so.
Reliability of Source(s)
  • A court official released this information to the media.
  • The Newsen article was mistranslated, leading to a significant misconception that the court date for CreBeau vs. SM was to occur 26 days from August 26. Below is the original passage:
    • 시아준수(본명 김준수), 영웅재중(본명 김재중), 믹키유천(본명 박유천)이 투자한 화장품 회사 위샵플러스는 지난 8월 4일 SM엔터테인먼트 김 모 대표를 명예훼손 혐의로 서울중앙지검에 고발했다고 26일 밝혔다.
  • The correct translation is:
    • Weshopplus [CreBeau], the cosmetic company in which Xiah Junsu, Hero Jaejoong, Micky Yoochun invested, confirmed this August 26 that they lodged a complaint with the Seoul Central District Court against SM Entetainment president Kim for libel on August 4th.
  • In regards to this, we have deleted our "September 21, 2009 - CreBeau vs. SM begins? Or did it?" entry, because the there is no mention of "in 26 days," (which would have been September 21). Therefore, the date, September 21, is not relevant to the CreBeau vs SM case at all.


September 4, 2009 - CreBeau Chairman says "it's just a simple investment"
The chairman of CreBeau (Kang Seok-Won) announces that JJY have invested in the company have no say in company management nor is there an issue with intellectual property. He says JJY have invested about 70 million, 60 million, and 40 million won [approximately $60,480, $51,840, and $34,560, respectively]. They do not identify which member invested which amount. CreBeau says SM visited their China office twice in May 2009.

Sources: Who Said What?
  • JJY says: n/a
  • SM says: a whole bunch of ugly, to be linked soon to an upcoming post
  • CreBeau says: yes, JJY made a simple investment in CreBeau, and it's none of SM's concern; says SM visited CreBeau offices twice in May 2009
Reliability of Source(s)
  • Oh My News is considered a reliable online news source, and has most likely accurately reported Mr. Kang's statements.
  • Mr. Kang probably has an accurate idea of the level of JJY's involvement in CreBeau, but he may or may not be being truthful about that information. Information like this might come out in a lawsuit but is unlikely to be confirm-able otherwise.
  • JJY may or may not have been truthful with Mr. Kang when they said they didn't want to invest if there was any possibility of it causing a conflict with SM. Mr. Kang may or may not be being truthful about JJY even making this statement. He said/she said.
  • It may or may not be true that SM visited CreBeau offices in May 2009. This type of thing can probably be proven or dis-proven at some point.


November 8, 2009 - CreBeau calls SM out on "groundless claims"
Sources: Who Said What?
  • JJY says: nothing in this article, specifically
  • SM says: a bunch of ugly, to be linked in the future
  • CreBeau says: ...a lot of stuff basically meaning "CreBeau good, SM bad"
Reliability of Source(s)
  • Oh My News is considered a reliable online news source, and has most likely accurately reported Mr. Kang's statements.
  • Mr. Kang may or may not be lying about the royalties SM claimed JJY receive from CreBeau. This information is most likely documented, but is unlikely to be released unless there is a lawsuit.
  • Mr. Kang claims pictorial evidence that TVXQ's manager accompanied JJY on their trip to China in January 2009. The picture released claims to be that of a man seen with TVXQ on other occasions. Whether or not this man went to China in January 2009, and whether or not he is a TVXQ manager in the employ of SM, is surely something that can be confirmed or denied conclusively using something more than just a fuzzy photograph, but no evidence either way has yet been released.
  • Mr. Kang has a vested interest in defending JJY; among other motivations, if he looks like a good guy, fangirls buy CreBeau stuff to reward him.


November 19, 2009 - A Chinese CreBeau distributor sues JJY for breach of contract
Sources: Who Said What?
  • JJY says: no comment yet?
  • SM says: no comment
  • CreBeau distributor says: we were promised JJY would be heavily involved in promotion and it's why we invested; we lost $150,000 because this was not the case. CreBeau didn't respond when we complained and then went into hiding.
  • CreBeau says: we said no such thing, and we warned distributors about overly promoting TVXQ with CreBeau. And we didn't go into hiding, we just moved our office.
Reliability of Source(s)
  • Story has been widely reported in the media, including in Chosun and DongAh. Who knows how accurately they're reporting because there is no quality, sourced translation available yet.
  • The story on sharingyoochun is listed as coming from Baidu. Unless the translator ponies up a direct link to the original, we'll never have one. The story seems outdated, as it lists a November 7th deadline. Baidu is usually difficult to accept as a source because it's too general -- a fan site on baidu? a personal blog on baidu? an actual Korean news story translated into Chinese and then posted on baidu? what? It's like listing "google" as a source. So because of the way this was credited, it's impossible to track to a real origin.
  • All of these various claims should be documented in the various parties' files, but it's likely they'll have a pissing contest for a little longer before going about things the professional way. Thus far there's a lot of words like "assumed" being thrown around, so at this point, WHO KNOWS.

November 25, 2009 - CreBeau president comments on distributor lawsuit
I posted this a few days ago but it's disappeared, wtf. Here it is again! Another CreBeau post is gone, as well, so I have to figure out what's going on. :| lol

Sources:
Who Said What?
  • JJY says: no comment yet?
  • SM says: no comment
  • CreBeau says:
    • Beijing distributor misinterpreted JJY's investment as something much more than it was, that JJY would be official reps of CreBeau, or something of that nature
    • Beijing distributor used TVXQ to advertise its products, sold discounted cosmetics in vicinity of 10/5 Shanghai concert, etc all in violation of their (distributor's) contract
    • JJY each invested less than 100 billion won apiece
    • Chinese distributor intentionally sued Korean CreBeau company & JJY instead of the more logical choice of suing Chinese CreBeau HQ, because they know it gives them the advantage of "home turf" laws (i.e. it's harder for a foreign entity to wade through Chinese legal proceedings)
Reliability of Source(s)
  • This interview is probably legit. That would be a ton of detailed info to make up out of whole cloth. It's also been a few days with no retractions.
  • Mr. Kang is going to present only facts that strengthen his side of the dispute. Duh.
  • Most of this stuff can probably be documented. The public may or may not see the results of this documentation.
  • Korea and China are different cultures and have different business philosophies; that may be playing a role in this dispute, as well. May not be a clear cut case of one party being right and the other being wrong.


December 2, 2009 - Another CreBeau distributor sues JJY
The mods have only seen this translated on Allkpop (*sigh*), but they do link an actual source and their translation seems relatively okay. As in, the basic subject matter is what they say it is. :|

Sources:
Who Said What?
  • JJY says: no comment yet?
  • SM says: no comment
  • CreBeau says: no comment yet?
Reliability of Source(s)
  • The mods don't know anything about the reliability of Chinese news sources. Can you help?
  • The circumstances of this lawsuit read almost exactly like the one filed ~November 19. This probably means either both claims are true, or there is bandwagon-jumping going on. And again, it's really tough to say who's at fault here. Eventually this info should come out.


Comments 
11 20 09 (UTC)
everytime i read article here, i always have to thank you for your hard work.

gosh, everything is a mess now, i don't even know if they could solve all problems.

my head hurts T.T

really, i think both parties is wrong at some points and hot-headed.
11 20 09 (UTC)
Thanks for your sweet comment! I agree with your thoughts about fault. Personally, I'd like to take this entire CreBeau situation and flush it down the toilet.
12 12 09 (UTC)
Gosh, I don't even know what to think. *head spinning*
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