The defendant’s side countered that the plaintiff’s claims are a ‘fabricated story’ constructed from selectively favorable information, and that the witness consistently responded with ‘I don’t remember’ regarding unfavorable key contexts.
–Key Context of the ‘Unlimited Power’ Demand Claim: The defendant’s counsel presented a ‘shareholder agreement comparison document’ submitted during renegotiations and asked if the witness remembered the explanation stating that the demand for strengthened CEO authority was intended ‘to prevent HYBE from unfairly adjusting the contract to lower the multiple.’ This was a crucial point demonstrating that the defendant’s demands were for ‘defensive rights’ rather than ‘power hunger,’ but the witness responded, “I don’t remember well.”
–Allegations of Selective Use of ‘KakaoTalk Evidence’: The defendant’s side pointed out that the plaintiff was deliberately ignoring unfavorable content among the vast KakaoTalk conversations. When presented with conversation content actually supporting the defendant’s claims—such as ADOR’s Vice President saying they would ‘look into the shareholder agreement negotiations through an acquaintance on the plaintiff’s side’—the witness responded, “I don’t remember.” The counsel strongly criticized the bias in evidence selection, asking “Did you simply not see it, or did you ignore it?”
–Allegations of ‘Fabricated Media Play’ and Witness’s Responsibility Evasion:
○Deliberate Information Leaks: When counsel directly asked, “Are you aware that HYBE’s media liaison provided information to a reporter group chat?”, the witness denied it, saying “I am not aware of that.”
○Responsibility Evasion: Regarding the flood of audit-related articles, the witness deflected responsibility by asking, “Does the Chief Legal Officer necessarily have to be aware of articles?” and suggesting that reporters reacted sensitively because of “a (different) tampering incident that became a major social issue.”
–The Fiction of the ‘Evidence-Free Investor Contact Theory’: The defendant dismissed the plaintiff’s investor contact allegations, stating “It’s just rumors, and there is no actual evidence of contact or any such materials, is there?” To date, the plaintiff has failed to submit any concrete evidence that the defendant met with domestic or foreign investors.
–Legitimacy of ‘Whistleblowing’ and Contradictions in Plaintiff’s Explanations:
○ILLIT Copying Allegations: The defendant emphasized that the allegations were “discussed by people across all communities before I personally raised them,” and that it was a legitimate issue raised as a CEO regarding already-formed public opinion.
○Album Dumping Allegations: The defendant raised allegations based on specific data and even disclosed conversation content showing signs of album dumping by other labels under HYBE. The plaintiff explained that those conversations were ‘intended to please Min Hee-jin at the time,’ but when the court requested disclosure of related data, they refused, amplifying the suspicions.