Click Entertainment, a local organizer in Hawaii, filed a lawsuit in 2007 against the organizer and director of the concert, as well as Rain and his agency at the time, claiming that he "intentionally canceled the concert to make money without intending to hold it".
Rain's defense team argued that "in this case, the following conditions are necessary for the fraud to be established: firstly, there is a contractual relationship between the two parties, and secondly, Rain is supposed to receive the fees paid by Click Entertainment," emphasizing the importance of whether there is a monetary transaction or not.
The trial resulted in the U.S. court ruling that Rain was liable for damages. The judgment included damages for "breach of contract" and "fraud". However, there was no contractual relationship between Rain and Click Entertainment; and Rain never received any money from Click Entertainment. Therefore, fraud was not established.
Rain's status as a performer and the fact that he had prepared for many concerts with great dedication at that time proves that his claim of "intentionally avoiding and canceling certain concerts in order to obtain money" is contrary to common sense and cannot be accepted.
At the same time, the defense team emphasized that "prior to the Hawaii verdict, the Seoul Central District Prosecutor's Office had already determined that the cancellation of the Hawaii concert was due to Click Entertainment's breach of the contract for the stage equipment".
The "Technical Rider" was written by some of the best concert planners in Korea and abroad, and is in keeping with the name of Rain's tour, "Around the World". This document is a guidebook for the entire concert, providing detailed information about the concert system and safety conditions, and is delivered to the local organizers prior to the concert. Using this document, which can be called an "expert guide to concert planning," as a guide, local organizers are expected to prepare their performance systems and equipment to suit the content of the show and to ensure that there are no safety hazards.
To ensure that the show runs properly, the organizer must make extensive preparations beforehand. This includes a truss structure (foundation structure) that can withstand huge loads. However, the truss structure prepared by the local organizers in Hawaii has huge safety hazards, and if the concert is forced to be held, the possibility of serious accidents is extremely high. The safety concerns raised by concert planners about the Hawaii concert were confirmed by e-mails exchanged with the Hawaii producer-director at the time.
Based on the above facts, the Korean judiciary decided on September 28, 2007 that the safety of the stage setup was the main reason for the cancellation of the concert. It also concluded that there was no need to try Rain on the fraud charges, dismissed the lawsuit, and closed the investigation using the term "equivalent to a hold (exclusion from the investigation because the charges do not apply to the scope of the law)".
The unconvincing outcome of the trial in Hawaii is also illustrated by the legal conclusions reached by the judiciary of the Republic of Korea, which is no less than that of any other country. The defense team also pointed out that while the verdict has still not arrived, the media has been reporting for days on end with a preponderance of content that is a distortion of the facts.
Rain's U.S. defense team noted, "The appeal is now being prepared. Until the final conclusion of the verdict is reached, all kinds of speculative reports should be stopped." Meanwhile, the lawyers made the following statement regarding the issue of damages and litigation cost, which has become the talk of the town.
▲New Trial (New Trial) is different from Appeal (Appeal), reiterating that an appeal can be made if it is not acceptable.
▲The deposit required for the second trial, i.e., the appeal, is not a fixed amount, but is prepared through the defense bar in the form of insurance money, so there is no question of insufficient funds for the appeal.
▲ The punitive damages do not apply to Korean law, so it is difficult to be accountable for them.
▲There is a possibility of temporary seizure of property during the preparation of the second trial, and even if the seizure of property becomes a reality, it can be canceled by filing an objection.
There is therefore a difficulty in enforcing the U.S. judgment in Korea based on "the fact that the Seoul Central District Public Prosecutor's Office dismissed the indictment two years ago.
The first trial is over, but the trial is not over. The possibility of a retrial exists, and a second trial is available on appeal, which would take two years. The second trial will take place in a California state court, where three trial judges will take the place of jurors in reaching a fair verdict.
The defense bar noted, "More truth will emerge in the second trial. Preparing all related matters in a steady and orderly manner so that the truth will come out is the task at hand," the defense team said, indicating its determination and confidence to win the second trial.
Meanwhile, Rain's agency J Tune Entertainment (representative director: Cho dong won) commented, "The result of Rain's lawsuit has not affected the progress of his advertisements, clothing, and other work".
And also expressed the industry's view on the first trial's defeat, "The proposal of advertisement model will continue and will not be shaken by the lawsuit. In addition, "There is no question of termination of contract because of the tight schedule of overseas work such as the release of Hollywood blockbuster 'Ninja Assassin' this year. Its strength of winning the best brand award in the singer department for four consecutive years will be able to be confirmed once again."
J.tune Creative, a fashion & design company in which Rain is involved as a designer and model, "has received positive feedback from the industry and is gradually consolidating its position in the industry by increasing its sales and proposing to open more stores." The company's position in the industry is gradually being strengthened. At the same time, "the company plans to open specialty stores overseas in addition to in Japan, and plans to form a new type of complex store with Teddy Bears and others." It is showing that the company is in a position to ride the wave of success.
Rain's company said, "We are unable to accept the result of the judgment, so we will take the appropriate legal measures, but at present, Rain's work schedule will remain unchanged," and the future activities and work schedule will soon show Rain's strong brand effect.
Source:Sohu New Korean Edit:Fox Rain
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Serious BS about those inexplicable rumors~