TVXQ is really breaking up?

Remember last month about the "supposed false rumor" that TVXQ / DBSK / Tohoshinki was breaking up? Well, it seems that information may have actually been true. According to this source, it states that on July 31st, 3 TVXQ Members, specifically Micky Yoochun, Jaejoong, and Xiah Junsu filed an injunction against SM Entertainment in the Seoul Central District Court to remove the "non exclusivity clause" in their contract.

Yunho and Changmin have decided not to file an injunction. Basically in a nutshell, the three of them supposedly had meetings with a Chinese cosmetic company and launched a new cosmetic line called CreBeau. They invested some of their own money and also in turn received some lucrative gifts from the Chinese company as an incentive package for signing up and investing. Some of the rumored gifts includes Micky's Audi R8 and the townhouse for Xiah's parents.

SM Entertainment supposedly got wind of this news and because SM Entertainment has the "exclusivity clause" in their contract, SM Entertainment tried to prevent this from happening. Unhappy with this, and already unhappy that they feel they're being underpaid profit-wise from album sales, you can understand why they're trying to terminate the "exclusivity clause" in their contracts. There's also rumors that if a favorable agreement isn't met, the three will be leaving the group for good.

SM Entertainment via phone to one of the Korean news media outlets stated that they are aware of the situation, the board of directors is having an emergency meeting and are discussing what to do. They'll have an official statement soon.

Wow, this is crazy. I wonder how this will effect their arrangements with AVEX in Japan? This isn't new for SM Entertainment as they had their problems with H.O.T. in the past. I just hope that this doesn't result in an actual disbandment and that everyone can come to peace, for themselves and most importantly their fans. TVXQ is a very talented group and they shouldn't break up, they have a great thing going.

Update:
Update from the lawyers representing Micky, Jaejoong, and Xiah: The three and the lawyers have been discussing this for over 2 months. They tried to settle this with SM Entertainment through negotiations behind closed doors, but they broke down therefore the injunction. The contracts are for 13 years and the profit splits are 80% to SM Entertainment and 20% to TVXQ (divided by 5 for each member). The three are prepared to go to court and file a lawsuit if the exclusivity clause isn't dropped. Sources: Source 1, Source 2, Source 3

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updates:

There are now new UNOFFICIAL updates floating around in Korea as millions of Cassopeias are going sleepless and searching for more information about their beloved group. Apparently, Yoochun and Junsu have been going around together looking for law firms during their vacation so this was certainly not something that happened overnight.

While all seems calm for now, following the official statement from SM Entertainment just after midnight, many are awaiting with anxiety with regards to what will happen in the morning. Many are wondering if SM Entertainment are just papering over the cracks that have become more apparent today. As of now, all notices and schedules for TVXQ on the official SM Entertainment homepage have been deleted which includes the SM Town Concert schedule.

Perhaps not strange to many but odd considering that they are SM Entertainment's #1 group now, TVXQ has had a 13 year "slave contract" with SM Entertainment. TVXQ members have only received a 0.5% increase in salary over the past 5 years despite their amazing success and huge fanbase. All 5 members are actually preparing to sue SM Entertainment because of this, not just Junsu, Yoochun, and Jaejoong.

Junsu's dad had been the representative of the 5 members and was at the head of the preparations to sue SM Entertainment. But SM entertainment found out about the pending lawsuit and proceeded to "bully around" Junsu. Yunho and Changmin aren't sueing SM at the moment, but neither are they resigning with SM at the end of their contract. Contrary to rumors, there has been no conflict within TVXQ members, and the whole issue is been between the members and SM Entertainment.

SM has been taking from 70%-90% of the profits that TVXQ makes, leaving only 10%-30% for the members themselves. Most people think that Jaejoong, Yoochun, and Junsu will win their case because it is against Korean law to make "slave contracts." And slave contracts they are, receiving less than half is a stretch, but 10%?!?!

Ever since Jaejoong, Yoochun, and Junsu started the cosmetics endorsements, SM Entertainment began to try and put down their efforts, wondering why the members were trying to go into business without first consulting with them. Junsu was being pushed around by a lot of upper officials in SM Entertainment because of his dad's involvement and his private endorsements.

Yunho and Changmin aren't betraying TVXQ for not being involved in the law suit. They all have wanted to leave SM Entertainment, but couldn't because of their contracts. Even if they had wanted to leave, the amount of money fighting lawsuits would be enormous. All 5 members are standing together against SM. It is very distinct that this is not a TVXQ vs. TVXQ fight, but rather a TVXQ against SM fight.

It should be noted that Jaejoong, Yoochun, and Junsu do not want to completely terminate their contract, but they do want major revisions to be done to their contract so that the corrupted control that SM Entertainment has over them can be dissolved.

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updates:

The 3 members of popular group TVXQ, Jaejoong, Junsu, and Yoochun applied a provisional disposition against SM Entertainment in Seoul Central District Court to remove the “exclusivity clause” in their contract, the factors behind this actions has received attention from public.

Why does the agency fall into this conflict with TVXQ? The factors can be summarized into three kinds of great.

1. TVXQ has different contracts in Korea with SM Entertainment and in Japan with AVEX. While TVXQ is constantly being active in Japan, it does no good with their contract in Korea. If they continue to be active in Japan like this, the Korea activities will be pretty much harmed. There’s a possibility of revenue aspects which is influenced this decision. Whether to focus in Japan or Korea, this creates a conflict within the agency.


2. Difference opinions among the members. There’s a serious disagreements among the members of TVXQ, The group who decided to leave the agency, Hero Jaejoong, Micky Yoochun, and Xiah Junsu, is having conflict with the rest members, U-Know Yunho and Choikang Changmin, who wanted to remain to stay.

3. TVXQ is less active recently domestically. There has been accumulated complaints about TVXQ who is more focusing on Japan than Korea. The fact that they’re concerning more about the number of copies sold in Japan than in Korea is also reported as the pressure.

Also the recent renewal exclusive contract for 7 years which makes them to feel oppression from the agency. TVXQ members are known to be in agony about renewing the seven-year contract time.

Meanwhile, according to CBS News, by now U-Know Yunho and Choikang Changmin are in process of applying their provisional disposition

credits: Allkpop & sharingyoochun

I was so shock about it!!!!
but i guess we were right about it^^
don't you think we knew it at first that it'll happen!!
I hope everything will go well soon and DBSK please go to a new company have a new good life!!^^
Wish DBSK luck!!

I think that they'll disband....I'm so afraid and I can't take anymore of LSM's stupid reactions.

Sachie wrote:I think that they'll disband....I'm so afraid and I can't take anymore of LSM's stupid reactions.

or they might move to a new company i hope they do
its scary me to loose oppa them!!!
but if they disband i will totally go out with one of them!!!
changmin and Yunho didn't go against SM only Jae Joong Yoochun and Junsu...
so its fine with your oppa minnie but mine i'm going to miss him alot i'm so hurt rite now
i'm scared i don't want the band to break up they're like brothers!!!

noooooooo!!! Minnie should stand beside JJ, YC & JS...
I'm very mad at Changmin right now!!! he should be with JJ, YC & JS, they must not split up at all.

Sachie wrote:noooooooo!!! Minnie should stand beside JJ, YC & JS...
I'm very mad at Changmin right now!!! he should be with JJ, YC & JS, they must not split up at all.

I guess I post a topic it said a little about Changmin and Yunho!!!
Did you read it?
its about Yunho and Changmin not going against SM!

you guy
do you have any idea how much tears im shedding right now?
*sniffs*
i know i might seem shallow but
this...
this cannot happen
not to me...
not now... dbsk is my strength!
without it..
i will...
oh dear...overly dramamtic
but, im sure you understand right?
*sobsobsob*
this cannot happen
this cannot happen
this cannot happen
this cannot happen
THIS CANNOT HAPPEN!!!!

Tammy wrote:you guy
do you have any idea how much tears im shedding right now?
*sniffs*
i know i might seem shallow but
this...
this cannot happen
not to me...
not now... dbsk is my strength!
without it..
i will...
oh dear...overly dramamtic
but, im sure you understand right?
*sobsobsob*
this cannot happen
this cannot happen
this cannot happen
this cannot happen
THIS CANNOT HAPPEN!!!!

Omo Tammy don't cry we still have fate in them just wait for the next news and see what will happen!!!
I know how u feel and i feel the same way too so keep ur strength up we still have faith in them
DBSK is the rising Gods and if they did disband all the cassie will bring them back one day and cassie can raise the money to support them again!!!
Just lite fate be!!!

*sobsobsobsob*
i know
but i still feel bad..
even if the cassies can get together and help them
i would still be here sitting on a chair
while the rest of the cassies doing all that they can to help them
but not me
even though i really want to
because im so far away
so disconnected to them
its hurts me...
to know these information and wont even one of the fans that support them.
all i can do is read articles
listen to songs
it sucks!!!

Tammy wrote:you guy
do you have any idea how much tears im shedding right now?
*sniffs*
i know i might seem shallow but
this...
this cannot happen
not to me...
not now... dbsk is my strength!
without it..
i will...
oh dear...overly dramamtic
but, im sure you understand right?
*sobsobsob*
this cannot happen
this cannot happen
this cannot happen
this cannot happen
THIS CANNOT HAPPEN!!!!

I'm CRYING TOO!!!!!!!!!!!!!!!!!!
LET'S STAND WITH DBSK, LET'S CALL ALL CASSIES TO PREVENT THE DISBANDMENT OF DBSK
I don't want DBSK to suffer of SM's actions, but I DON'T WANT THE TO DISBAND TOO.
*SOBS*

SACHIE...
CASSIES
AND EVERYONE ELSE
I KNOW YOU ALL UNDERSTAND ME
AND WE CANNOT LET THIS HAPPEN TO DBSK
THIS CANNOT CANNOT CANNOT CANNOT HAPPEN!
my fragile heart has actually been broken from this news.

Tammy wrote:SACHIE...
CASSIES
AND EVERYONE ELSE
I KNOW YOU ALL UNDERSTAND ME
AND WE CANNOT LET THIS HAPPEN TO DBSK
THIS CANNOT CANNOT CANNOT CANNOT HAPPEN!
my fragile heart has actually been broken from this news.

call all the cassie!!!!
but how?
i don't have connection with any of them!!! T.T

i know!!!!
i absilutely hopeless
if only i have connection to everyone

Tammy wrote:i know!!!!
i absilutely hopeless
if only i have connection to everyone

yea and most of them are korean only not others!!!
so its hard to do soo!!!
T.T

i'm sure that cassies ARE ALL WORRIED!!!!!!
MY HEART IS SO BROKEN, I CAN'T EVEN IMAGINE WHAT WILL HAPPEN IF DBSK DISBAND!!!!

Sachie wrote:i'm sure that cassies ARE ALL WORRIED!!!!!!
MY HEART IS SO BROKEN, I CAN'T EVEN IMAGINE WHAT WILL HAPPEN IF DBSK DISBAND!!!!

yea i feel the same way too!!!
i wanna cry so loud so that DBSK can ear it and won't disband but just move to a different company!!

i know what will happen to me.
i'll go lock myself in my room.
mourning...
listening to their songs endlessly,
watching their shows all over again
if only i can share the pain and stress that their feeling now.

what otehr company though?
the only highest ones competing is YG and SM

Tammy wrote:what otehr company though?
the only highest ones competing is YG and SM

if they join the others company
that company might rise to be the famous one also
and let SM fell down with no penny left among SNSD they think that they'll be popular after DBSK left i don't think so let see what will happen next to Sm after DBSK left!!!
I laugh my butt off at SM and throw eggs at his building and cuss him off!!!

there is JYP entertainment...they could make their own company.
,but the problem is if Changmin and Yunho stays with SM while JJ, Yoochun and Junsu leave.

Sachie wrote:there is JYP entertainment...they could make their own company.
,but the problem is if Changmin and Yunho stays with SM while JJ, Yoochun and Junsu leave.

thats not a good sign at all!!! T.T

should we not talk about anyone leaving?
its depressing
let's just say that they should move to a diff agency
i agree with suyin love
becoz they cannot 2 separate groups..

Tammy wrote:should we not talk about anyone leaving?
its depressing
let's just say that they should move to a diff agency
i agree with suyin love
becoz they cannot 2 separate groups..

Yea i hope that the next news about them will be okay!!!
wishing DBSK the goodiest luck!!
I hope SM will solve this problem and left them free to do wat they always want to..
and not force them to do this and that and after they only have about 5 to 10 cent or dollars in the pocket only!!!

SM is stubborn.
and that whats pains them.
its abvious they deserve better
and yet they treat DBSK like s**t
and its horrible

they shouldn't separate, but I'm so afraid Tammy...what if they really separate???
I'll kill changmin if he doesn't stand by JJ, YC and JS's side.
@ Suyin_Love: I don't think that SM really cares about DBSK.