Kang Ji-hwan and his former agency ‘Chosun Survival’ should be compensated 5.3 billion won for ‘Sexual assault’… Loss on appeal

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Actor Kang Ji-hwan (real name Jo Tae-gyu, 45, photo), who dropped out of the drama after sexually assaulting and molesting outsourced staff, and his former agency, the court again ordered that the drama production company pay about 5.3 billion won.

According to the legal circles on the 26th, the Civil Division 19-2 of the Seoul High Court (Judge Kim Dong-wan Bae Yong-joon Jeong Seung-gyu) overturned the first trial in the appeals court for the unfair profit return lawsuit filed by the drama production studio Santa Claus Entertainment against Kang Ji-hwan and Jellyfish Entertainment the day before, and ruled in favor of part of the plaintiff. dropped the

At this meeting, the court ruled that Kang Ji-hwan should pay 5.38 billion won to Santa Claus, but share it with Jellyfish, whom he had an exclusive contract with at the time the drama production began.

Earlier, on July 9, 2019, Kang Ji-hwan was indicted for having a dinner with outsourced staff members of the TV Chosun drama ‘Joseon Survival’ at his home, and forcibly molesting one of them and sexually assaulting one of them while intoxicated. He was sentenced to 3 years of probation for 6 months.

Kang Ji-hwan was arrested on charges of quasi-rape on July 12, 2019, at the time of the forced molestation case, and had to leave Chosun Survival, which had only completed 12 episodes. Other actors were put in for the rest of the filming, and Kang Ji-hwan’s contract was lifted due to arrest.

In response, Santa Claus filed a lawsuit claiming to pay 6.38 billion won in total, including the return of the performance fee received from Kang Ji-hwan, saying, “It has become impossible to fulfill the obligations under the contract.” Jihwan Kang and his former agency lost.

As in the first trial, the court of appeals returned 610 million won, equivalent to eight episodes, of the 1.5 billion won Kang Ji-hwan received from Santa Claus, and 3,05 billion won in penalties for the contract signed before the drama production. As a result of Jihwan Kang’s departure, the production company acknowledged that it was responsible for compensating 1.68 billion won in damages from the sale of the drama rights. Previously, Santa Claus claimed that it had no choice but to return a portion of the royalties received from NBC Universal Entertainment Japan and demanded compensation for this.

The court also increased the payment amount by 40 million won, saying that Kang Ji-hwan is responsible for part of the performance fee that Santa Claus paid while recruiting a replacement actor.

The court of appeals also increased the amount that Jellyfish would jointly bear from the first instance. The first trial judged that it was only responsible for 610 million won, but the appeals court ordered the entire amount of about 5.3 billion won to be paid together. At that time, even if Jihwan Kang changed his agency in the middle, the reason was that Jellyfish would continue to fulfill its legal obligations on the contract to appear in the Joseon Survival Period. It was seen that the joint debt agreement was maintained. Jellyfish’s side has been claiming that there is no solidarity compensation obligation by taking over the management work related to the drama shooting to Santa Claus during the period of Kang Ji-hwan’s appearance contract.

Earlier, the court of first instance also accepted some of Santa Claus’s claim and ruled that “Kang Ji-hwan and Jellyfish are obligated to return the cost of the 8 episodes that were not filmed.”

He continued, “Due to Kang Ji-hwan’s crime, Santa Claus reduced 1.68 billion won of the content originally agreed to with NBC Universal Japan, and suffered the same amount of damage.”

The intention is to compensate for the damage caused by the cancellation of the contract as Kang Ji-hwan left the drama due to his own fault. It is known that the appearance contract contains a clause that ‘the party at fault must pay twice the greater of the paid appearance fee or down payment as a penalty’.

Source: 연예 by www.segye.com.

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