Latest news is that Danielle Marsh, 20 years old member of NewJeans, is being sued by her Agency ADOR for 43 billion won (S$38Mil). ADOR had earlier terminated its exclusive agency agreement with Danielle on account of its requests for correction of breaches which were ignored. Within 24 hours, ADOR had went on to file a lawsuit for damages to its reputation and unauthorised activities by Danielle. The bad news is that going by the penalties computation based on 1st 2 years of earnings and uncompleted contract, the financial penalties may go up to over 100 billion won (S$89Mil).
If Danielle loses the lawsuit, the debt could become non-dischargeable, meaning it cannot be eliminated through personal rehabilitation or bankruptcy under Korean law.
Contract Law Consequences
It is strange that Danielle and her family thought that it is ok to self-proclaim breach of agency contract by ADOR and then self-terminate the original agreement. Even more reckless is the signing of endorsements deals and creation of a new group for performances. ADOR thus fought back with injunction and lawsuit regarding the validity of the original agency agreement. Subsequently, the Korean court ruled in favour of ADOR and this is where the nightmare for Danielle started.
Negotiation Is Best Way Forward
Everyone has to honour the contract that they entered into. It seems that attempts to reconcile failed with suggestion that Danielle and her family having strong resistance to resolve the current impasse. Generally, if one party dug in and stubbornly refused to budge, then the aggrieved party (ADOR in this case) has no choice but to take a hard stance against Danielle. I thought that given the court ruling, Danielle ought to drop a bit of her ego & expectations and suck her thumb.
Parting Thoughts
I am actually optimistic that NewJeans will make a comeback together with all 5 members including Danielle. Basically, with the ongoing lawsuit for breach of contract, Danielle will suffer a devastating blow to her integrity and artists value. Her fame and artistic value has plunged and no sane luxury brands will want to take a risk to seek her endorsement as ambassador or appear in advertisements. Similarly demand for her performance appearance will go down as the upcoming bankruptcy will destroy her career. Hence, the only route open to Danielle is to go back to the negotiating table with ADOR.
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