I did fight a lawsuit. .
During 2002, Li Xiao received many verbal promises from SM Company to sign the contract, but the contract was dragged to Li Xiao to take the college entrance examination, but there was no result. At the suggestion of his family, Li Xiao chose to pursue further studies and was admitted to the university with excellent results in the national unified college entrance examination. On June 65438+1October 2 1 day, 2003, Li Xiao finally ushered in the signing moment. Signing a contract means that Li can will go to North Korea for further study, but he has to give up his studies. Li finally chose to sign a love contract with SM for 10 years. On the signing day, Li Xiao and his family were very happy, because there were only three signing places in the Mainland, and everyone thought that the future should be bright. Li found a good master. At that time, only Li's father felt that there were loopholes in SM's contract, because there were only obligations to be fulfilled in the contract, but the return was minimal and there was almost no room for negotiation. In the difficult negotiations, Li's father only added a medical insurance clause to the eight-page contract.
At this point, Li officially received the confirmation invitation letter and everything was implemented. He felt that he was approaching his star dream step by step, and then he stepped into a bright future.
According to the agreement signed in the contract, Li Ke can receive training from SM Company 10 years before making a record. On March 5, 2003, Li got a tourist passport and went to South Korea for training for the first time. During Li's training in Korea, the curriculum was very tight. At that time, the competition was fierce, and there were more than 50 new Koreans training with them. Although Li has a good foundation, he still dare not neglect training. From March 2003 to July 2004, the training was carried out normally, and Li went home to visit relatives every three months when he renewed his passport. However, in July 2004, when Li was ready to go through the formalities again and go to South Korea for training again, an accident happened.
In July, 2004, Li Wei was able to return to South Korea for training like the previous four times. "The company just said that the business is busy and the visa will be done right away. It has been 10 months in a row, and there is still no news, so I began to worry. " Li Xiao said.
After asking the relevant departments, Li Xiao learned that SM Company signed a long-term passport with him, which belongs to the employment contract and should be used for labor export. However, in order to apply for this passport, SM Company has to pay taxes and fees to the relevant departments of China government, and the travel contract can just exempt this fee.
After mid-April, 2005, SM didn't inform Li to go back to South Korea for training, only let him wait for the result in Beijing. Li's personal belongings, such as notebook computers, CD players, high-end clothing, etc. It was put in the dormitory of SM Company, and it also disappeared during this time.
After July 2004, the monthly living expenses of 4,000 yuan in the love contract signed by Li and SM Company began to be defaulted. Although I paid a part before, I still owe 12000 yuan.
According to the contract, Li Can can't take part in any form of performance or cooperate with other companies before the release of the record. But after being "hidden in the snow" by the company, his acting career will be in the foreseeable future. Li, who was in a hurry, found a lawyer to negotiate with SM Company, but the overseas department director of SM Company in Beijing avoided it on the grounds that the Korean record market was sluggish and the company's business was busy.
Li Can can't stand SM any longer. He wants to cancel the contract.
No matter how tough the attitude, SM Company also agreed to terminate the contract, but refused to bear any responsibility and compensation costs. May 26th, 2006. Li officially issued a lawyer's letter, demanding the termination of the contract with SM Company and demanding compensation for the corresponding losses. However, SM has violated the company's agreement and threatened to "carry a lot of company property" and other distorted descriptions. In the lawyer's letter replied on the 8th of this month, SM Company clearly pointed out that if Li is willing to settle privately, SM Company is willing to compensate the expenses paid by SM Company's Beijing office for16,000 yuan while Li is waiting for a reply, and both parties signed a 10 day free settlement agreement. If Li insists on reporting through legal means and the media, Li will not only double the training fee paid by SM Company (about 300,000 RMB), but also bear all the consequences caused by breach of contract.
Wei Xing is in the same situation as Li Xiao, and her dream of becoming a star is shattered. Where to go in the future.
About 1 month ago, Wei Xing was still happily sending the latest original new songs to SM's overseas offices through the Internet. He has done a lot to prove that he is a hard-working newcomer. The result is still sinking into the sea. It was not until Li Xiao told him the current situation that he had to reconsider the contract with SM Company.
After the two teenagers sat together like adults and formally talked, Wei Xing became more and more silent, and everyone around him could feel his loss.
Recently, the reporter consulted Li Xiao's lawyer about the dispute of love economic contract between Li Xiao, Wei Xing and SM Company. Lawyers believe that according to the contents of the contract, this is an unequal foreign labor export contract. South Korean SM Company, the first party to the contract, put forward many unequal clauses, while Li Jiao and Wei Xing, the second parties to the contract, signed the contract without carefully examining the specific contents of the contract, which led to the passive situation now.
In the eight-page economic contract between Li Xiao and SM Company for performing arts, lawyers found many unfair places, and many clauses in the contract had little obligations to Party A (SM Company), and the contract involved international justice.
First of all, SM in the contract stipulates that the litigation related to the contract shall be under the jurisdiction of the Seoul Civil District Court, while the courts in China have no jurisdiction. The cost of collecting evidence in Korea alone will be a big expense, and the cost will be high if you go to court. Language and geographical differences will bring great difficulties to the two people when they sue.
Secondly, SM signed contracts with Li Jiao and Wei Xingyi in Chinese, Korean and English versions. The contents of the three contracts are inconsistent, and many keywords are different. For example, the contract deposit mentioned in Article 9 of the contract, the Chinese version reads: "Party A (SM Company) pays Party B (Li Jiao and Wei Xing) 36 million won (RMB 240 million) * * *.
Third, Article 9 of the contract stipulates that "after filing and publishing, Party A shall first offset the payment from Party B's income." This provision means that Party B packages itself with its own money, and Party B is only Party A's "money-making machine".
Fourth, Article 12 of the contract stipulates in the claim for breach of contract that "if Party B breaches the contract, it shall compensate for the loss of 5 times of the total investment. In addition, Party B needs to pay another 300 million won (RMB 2 million) to Party A to compensate for the losses, which is not a contact contract. "
It costs a lot of money for an economic company to package an artist, and it is normal to agree on the remuneration. However, it is obviously too high for the breaching party to compensate five times the loss and another 300 million won, and it is even more incomprehensible for Party B not to terminate the contract after compensation. This clause in the contract will bind Party B.. Five times the total investment plus 300 million won (2 million RMB) is almost 5 million RMB, which is almost astronomical for Party B. 。
Reprinted in Metropolitan Times on June 6, 2006 at 5438+07.