VIVIZ Win Preliminary Injunction Against BPM Regarding Their Exclusive Contract
VIVIZ (Eunha, SinB, and Umji) has won a preliminary injunction against their agency Big Planet Made Entertainment in their exclusive contract dispute.
As a result of the ruling, VIVIZ will be able to continue independent activities while the main lawsuit proceeds and will have greater freedom to determine their future activities.
On the 5th of June, the Civil Division 50 of the Seoul Central District Court ruled entirely in favor of the three VIVIZ members’ request for an injunction to suspend the validity of their exclusive contracts with Big Planet Made Entertainment.
In its decision, the court stated that “the effectiveness of the exclusive contracts between the creditors and the debtor shall be suspended until a judgment is rendered in the main lawsuit.” The court also prohibited the agency from negotiating or signing contracts with third parties against the members’ wishes, requiring the members to engage in entertainment activities, or requesting third parties to prevent the members from carrying out activities.
The members notified the agency of the termination of their contracts on March 4, citing violations of settlement payment obligations, failures in management support duties, and a breakdown of trust. Since then, both sides have been engaged in a legal dispute over the validity of the contracts.
According to the ruling, the court considered the agency’s failure to pay promised settlement funds as a key factor in its decision.
The court determined that each member was owed more than 100 million won (approximately $68,000 USD) in unpaid settlement funds and stated that “it is reasonable to conclude that the debtor violated its obligation to pay settlement funds.”
During the proceedings, the agency argued that settlement payments were difficult due to alleged attempts by outside forces to seize management control and false media reports involving Chairman Cha Ga Won. However, the court rejected those arguments.
The court ruled that “the alleged management takeover attempts by outside forces and false media reports are circumstances unrelated to the creditors.”
The issue of settlement documentation was also addressed. The court noted that the settlement statements provided by the agency contained only revenue and expense figures and lacked supporting documents such as tax invoices and receipts. It further found that the agency neither provided the relevant materials nor informed the members how they could review them.
Attorney Woo Hong Gyun of Shinwon Law Firm, representing VIVIZ, stated that “the court fully accepted the petitioners’ claims.” He added that the unpaid settlement amounts mentioned in the ruling represent only part of the claims and that additional claims will be expanded during the main lawsuit.
VIVIZ was formed by Eunha, SinB, and Umji following the end of GFRIEND’s activities in 2021. The trio signed exclusive contracts with Big Planet Made Entertainment in February 2022 and have promoted under the agency since then.
Source: (A)
