[theqoo] ADOR DEMANDS 43.1 BILLION KRW FROM DANIELLE AND MIN HEEJIN - LEGAL CIRCLES "LESS THAN 5% CHANCE THE FULL AMOUNT IS ACCEPTED"

“43.1 billion KRW is excessive”, hard to avoid the court’s ‘penalty reduction’

Even if the court rules in ADOR’s favor, there is a high likelihood that the claimed amount will be drastically reduced due to a principle clearly stated in Korean civil law. Article 398(2) of the Civil Act provides that “if the predetermined amount of damages is unreasonably excessive, the court may reduce it to an appropriate level.”

Legal experts analyze that, considering Danielle’s remaining contract term and NewJeans’ projected revenue, the 43.1 billion KRW (~29.8M USD) claim is excessively large compared to typical exclusive-contract dispute cases.

In particular, past precedents show that courts strictly assess the actual damage incurred rather than projected losses, and even when penalty clauses exist, they often reduce the amount to around 60–70%.

Have the investments already been recovered? Danielle’s ‘talent contribution’ as a key variable

ADOR is expected to argue sunk investment costs (training, production, marketing, etc.) and lost future profits that would have been earned had the contract continued. However, the court is likely to place two major constraints on these claims.

First is Danielle’s contribution. If the court determines that NewJeans’ success is due not only to the agency’s planning but also to Danielle’s individual talent and popularity, it may deduct her contribution from the total damages.

Second is whether the costs have already been recovered. Since NewJeans has achieved global success and generated enormous revenue, the court may find that ADOR has already recouped a substantial portion of its initial investment, thereby lowering the actual damages.

Proving ‘joint tort liability’ of Min Heejin and Danielle’s family is the biggest hurdle

ADOR is asserting joint tort liability, claiming that former CEO Min Heejin and Danielle’s family instigated or aided the contract breach.

However, this is an extremely difficult claim to prove. Clear evidence would be required showing that Min directly instructed Danielle to terminate her exclusive contract, and advice or support from family members is unlikely to be deemed illegal intervention. If evidence is insufficient, claims for damages against Min or the family are highly likely to be dismissed.

Legal circles predict that in the final ruling, the amount recognized by the court will likely be around 2% to 11% of the claimed sum, approximately 1 to 5 billion KRW.

original post: here

1. The fact that she was lumped together with Min Heejin must mean something

2. I feel like they are just making her spit out all the money that NewJeans made so far

3. That's good. I hope she sees this and leaves

4. HYBE is so annoying

5. HYBE, cut it down already. Seriously, what are you doing to this young kid?

6. So HYBE is really trying to k*ll herㅜㅜ

7. They are basically asking her for all the money she earned

8. If she has any shame, she should at least give back all the money she made before leaving

9. This is just a big company trying to torment herㅜ

10. But who cares? ADOR should at least have the money that was taken away from themㅋㅋㅋㅋㅋㅋ

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