ADOR v. NewJeans: Partial Grant of Motion for Indirect Compulsion
The 52nd Civil Division of the Seoul Central District Court partially granted the indirect compulsion application filed by ADOR against NewJeans and ordered compensation of 1 billion won per person per independent activity.
According to the record, the obligors sent a certified mail to the obligee around November 13, 2024, prior to the injunction decision in this case, stating that “if their demands are not accepted, they will terminate the exclusive contract in this case.” On November 28, 2024, at approximately 20:30, they held a press conference and publicly announced the termination of the exclusive contract with the obligee. On November 29, 2024, at approximately 00:01, they sent an email to the obligee stating that “the obligors terminate the exclusive contract with the obligee as of November 29, 2024.” From around January to February 2025, the obligors consistently and publicly expressed their intention to sever ties with the obligee and conduct independent activities. Furthermore, just two days after the injunction decision in this case, on March 23, 2025, the obligors attended an overseas concert “AH” and performed under a new group name “AG,” releasing a new song titled “<Song Title> (<Korean Title>)” during that performance.
Although the obligors appear to have declared a hiatus after completing the aforementioned performance on March 23, 2025, the obligors directly and indirectly expressed their intention to conduct independent activities before and after the injunction decision in this case, and violated the obligations set forth in the injunction decision by performing under the new group name “AG” at “AH” and releasing a new song after the injunction decision. Therefore, there appears to be a possibility that the obligors will violate the aforementioned obligations in the future as well. Accordingly, it is necessary to order indirect compulsion against the obligors to enforce the obligations set forth in the injunction decision in this case.