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LIN represented nine members of the girl group named “LOONA" (HeeJin, Kim Lip, JinSoul, Choerry, HaSeul, YeoJin, Yves, Olivia Hye, and Go Won) against their agency, Blockberry Creative, and obtained a favorable decision, allowing all members of the group to leave the agency.
In January, nine members of "LOONA" filed an application for a temporary restraining order against the agency, and four members (HeeJin, Kim Lip, JinSoul, and Choerry) won the case because the revenue sharing clause in the agency contract was unfair, while the other five members (HaSeul, YeoJin, Yves, Olivia Hye, and Go Won) lost the case. The reason was that the five members (HaSeul, YeoJin, Yves, Olivia Hye, and Go Won) had changed some of the terms of the contract unlike the other four members (HeeJin, Kim Lip, JinSoul, and Choerry). The five members then filed an appeal, and on June 16, the Civil Division 5 of the Seoul High Court revoked the first court's decision and decided to grant the appeal in the appeal for a preliminary injunction to suspend the effectiveness of the exclusive contract filed by the five members (HaSeul, YeoJin, Yves, Olivia Hye, and Go Won) against the agency.
LIN pointed out that Blockberry Creative had transferred some of its rights under the agency contract to its Japanese management company, Universal Japan, without the members' written consent, and the appellate court accepted the law firm's arguments, suspending the effectiveness of the agency contract pending judgment on the merits and deciding that the agency should not negotiate and conclude contracts with third parties for entertainment activities against the members' will, and should not request or interfere with the members' entertainment activities.
This case was the result of a collaboration between the entertainment and sports teams of LIN. While Korea’s trade export deficit has been accumulating for more than a year, K-content exports reached $13 billion as of last year, and the status of K-contents is increasing day by day, so it is expected that there will be more cases in which artists will apply for the suspension of the effectiveness of exclusive contracts against their agencies, and the logic presented by LIN and the court's judgment recognizing it will be an important reference for similar cases in the future.
In January, nine members of "LOONA" filed an application for a temporary restraining order against the agency, and four members (HeeJin, Kim Lip, JinSoul, and Choerry) won the case because the revenue sharing clause in the agency contract was unfair, while the other five members (HaSeul, YeoJin, Yves, Olivia Hye, and Go Won) lost the case. The reason was that the five members (HaSeul, YeoJin, Yves, Olivia Hye, and Go Won) had changed some of the terms of the contract unlike the other four members (HeeJin, Kim Lip, JinSoul, and Choerry). The five members then filed an appeal, and on June 16, the Civil Division 5 of the Seoul High Court revoked the first court's decision and decided to grant the appeal in the appeal for a preliminary injunction to suspend the effectiveness of the exclusive contract filed by the five members (HaSeul, YeoJin, Yves, Olivia Hye, and Go Won) against the agency.
LIN pointed out that Blockberry Creative had transferred some of its rights under the agency contract to its Japanese management company, Universal Japan, without the members' written consent, and the appellate court accepted the law firm's arguments, suspending the effectiveness of the agency contract pending judgment on the merits and deciding that the agency should not negotiate and conclude contracts with third parties for entertainment activities against the members' will, and should not request or interfere with the members' entertainment activities.
This case was the result of a collaboration between the entertainment and sports teams of LIN. While Korea’s trade export deficit has been accumulating for more than a year, K-content exports reached $13 billion as of last year, and the status of K-contents is increasing day by day, so it is expected that there will be more cases in which artists will apply for the suspension of the effectiveness of exclusive contracts against their agencies, and the logic presented by LIN and the court's judgment recognizing it will be an important reference for similar cases in the future.