The group VIVIZ has won a preliminary injunction ruling in their exclusive contract dispute with their agency, Big Planet Made Entertainment.
With this decision, VIVIZ can continue independent activities while the main lawsuit proceeds, and it has also opened the way for them to explore their future career direction autonomously.
On the 5th, the 50th Civil Division of the Seoul Central District Court (Presiding Judge Lee Sang-hoon) fully granted the application for a preliminary injunction to suspend the validity of the exclusive contract filed by the three VIVIZ members against Big Planet Made Entertainment.
In its ruling, the court determined, “The validity of the exclusive contract concluded between the creditors and the debtor is suspended until the pronouncement of the judgment in the main case.” Furthermore, the court ordered that the agency must not engage in acts such as negotiating or entering into a contract with a third party against the members’ will, demanding entertainment activities from the members, or requesting a third party to prohibit activities.
On March 4th, VIVZ notified its agency of the termination of its exclusive contract, citing the agency’s violation of its obligations to pay settlements and provide management support, as well as the resulting damage to the relationship of trust. Since then, both parties have engaged in a legal battle over the validity of the exclusive contract.
According to the ruling, the court cited the agency’s failure to pay the promised settlements as the primary basis for its judgment. The court determined that the settlements owed to each VIVZ member amounted to over 100 million won and stated, “It is reasonable to conclude that the debtor has violated its obligation to pay settlements.”
During the trial, the agency argued that payment was difficult due to attempts by external forces to seize management control and false media reports regarding Chairman Cha Ga-won, but the court did not accept this argument. The court ruled that “attempts by external forces to seize management control and false media reports are merely circumstances irrelevant to the creditors.”
The issue of providing settlement data also became a point of contention. The court pointed out that the settlement statement provided by the agency merely listed revenue and expense figures without attaching specific supporting documents such as tax invoices and receipts, and that the agency failed to provide relevant materials or provide guidance on how to access them even afterward.
Attorney Woo Hong-kyun of Law Firm Shinwon (Representative Kim Jin-wook), the legal representative for VIVZ, stated, “The decision fully grants the creditor’s claim,” adding, “The unsettled amount specified in the ruling is merely a fraction, and we plan to expand the claim during the main litigation process.”
VIVZ is a group formed by the re-debut of three members Eunha, Sinbi, and Umji following the conclusion of GFRIEND‘s activities in 2021, and has been active since signing an exclusive contract with Big Planet Made Entertainment in February 2022.
Along with VIVZ, artists under the One Hundred Label are leaving en masse due to unpaid settlements. Previously, nine members of The Boyz received a favourable ruling in their application for an injunction to suspend the validity of their exclusive contracts against One Hundred.
Taemin and B.O., formerly under Big Planet Made Entertainment, signed exclusive contracts with a new agency following notices of termination. Lee Mujin and Lee Seung-gi also notified their agencies of contract termination citing reasons such as unpaid settlement fees, and Lee Mujin is currently pursuing a provisional injunction against his agency to suspend the validity of his exclusive contract.
Source: SBS Entertainment News.
