According to a recent report by SBS News, VIVIZ (Eunha, SinB, and Umji) has received a favorable ruling in the injunction stage of their exclusive contract dispute with Big Planet Made Entertainment, allowing them to continue independent activities while the main lawsuit proceeds and to freely determine their future activities.
On the 5th, the 50th Civil Division of the Seoul Central District Court fully granted VIVIZ's application for an injunction to suspend the validity of their exclusive contracts with Big Planet Made Entertainment. The court stated:
"The effectiveness of the exclusive contract between the creditors (the members) and the debtor (the agency) shall be suspended until a judgment in the main lawsuit is rendered. The debtor must not negotiate or conclude contracts with third parties against the creditors' wishes, not demand entertainment activities from the creditors, or request third parties to restrist the creditors' activities."
On March 4, VIVIZ notified the agency of the termination of their exclusive contracts due to the violations of their obligations to pay settlement earnings and provide management support which resulted in the breakdown of trust. Since then, both sides have been engaged in a legal battle over the validity of their exclusive contracts.
According to the court's decision, one of the key factors in its ruling was the agency's failure to pay settlement earnings as promised. The court determined that each VIVIZ's member was owed more than 100 million KRW, stating:
"It is reasonable to conclude that the debtor has violated their obligation to pay the settlement earnings."
During the trial, the agency argued that paying settlement earnings had become difficult due to attempts by external forces to seize management control and false media reports regarding Chairwoman Cha Gawon. However, the court rejected these claims, saying, "The alleged attempts by external forves to take over management and the false media reports are circumstances that are unrelated to the creditors."
The court also pointed out that the settlement statements provided by the agency only listed revenue and expenses without attaching supporting materials like tax invoices or receipts. The court further noted that the agency failed to provide the relevant documents or guide the members on how to review the settlement documentation.
VIVIZ's legal representative, attorney Woo Hongkyun of Shinwon Law Firm, stated, "The court granted all of the creditors' request." He added:
"The unpaid settlement amount specified in the ruling only represent a portion of the total amount. We plan to expand our claims during the main lawsuit."
VIVIZ is a group of former GFRIEND's members, Eunha, SinB, and Umji, that re-debuted in 2021 following the conclusion of GFRIEND's promotions. The three signed exclusive contracts with Big Planet Made Entertainment in 2022 and have promoted under the company since then.
In addition to VIVIZ, artists under the One Hundred Label umbrella have reportedly been leaving one after another due to disputes involving settlement payments.
Previously, nine members of THE BOYZ also won their injunction request against One Hundred Label seeking suspension of the validity of their exclusive contracts. Former Big Planet Made Entertainment artists Taemin and BE'O signed with new agencies after notifying the agency of their contract termination. Meanwhile, Lee Mujin and Lee Seunggi also notified the company of their contract terminations due to reasons such as unpaid settlemend earnings. Lee Mujin is currently undergoing injunction proceedings to suspend the validity of their exclusive contract against the agency.
