[Official] Kim Soo-hyun to pay 1.1 billion won in damages to advertiser? "Not compensation for emotional distress, but a refund of modeling fees… Immediate appeal filed"

*This content was translated by AI.View Original

The team of actor Kim Soo-hyun, who was embroiled in allegations of dating the late Kim Sae-ron during her minor years, partially lost a damages lawsuit worth 3.96 billion won against health functional food company From Bio, an advertiser. However, they emphasized that no breach of contract or fault on their part was recognized, highlighting the court’s ruling that "the responsibility for damages caused by the spread of false information lies with Kim Se-yeol’s side."

On the 13th, Kim Soo-hyun’s team told StarNews, "No breach of contract or fault was found on the part of actor Kim Soo-hyun," adding, "The court ruled that since there was no fault attributable to actor Kim Soo-hyun or his agency that would justify terminating the contract, the advertiser’s termination of the contract was unlawful."

Previously, in May last year, From Bio filed a damages claim lawsuit against Kim Soo-hyun and his agency, Goldmedalists, for approximately 3.96 billion won. It is known that they claimed to have terminated the contract with Kim Soo-hyun’s side, citing damage to their brand image due to the privacy controversy, and demanded the full modeling fee and a penalty for breach of contract. On the other hand, Kim Soo-hyun’s side maintained that the related allegations were untrue and argued that liability for damages did not exist.

In response, Kim Soo-hyun’s team explained that the court dismissed both the advertiser’s claims for a full refund of modeling fees and a penalty for breach of contract. They particularly emphasized the court’s judgment that "Kim Soo-hyun’s side’s response after the allegations were raised was neither false nor inappropriate."

Additionally, Kim Soo-hyun’s team claimed that the court identified Kim Se-yeol, representative of the research institute Garoseoro Research Institute, as the primary person responsible for raising the allegations. They noted that the court explicitly stated that the negative image formed around Kim Soo-hyun was primarily caused by the illegal act of spreading false information by Kim Se-yeol’s side.

Kim Soo-hyun’s team also refuted some reports suggesting that the court had ordered damages.

Previously, Civil Division 14 (Presiding Judge Moon Hyun-ho) of the Suwon District Court, which heard the case, ruled on the 11th in partial favor of the plaintiff, ordering Kim Soo-hyun’s side to "pay From Bio 1,159,894,000 won plus interest." The court stated, "Pay interest at an annual rate of 5% from October 13, 2021, to November 11, 2026, on the principal amount of damages, and at an annual rate of 12% from the following day until the date of full repayment."

In response, Kim Soo-hyun’s team stated, "The amount ordered by the court is not a damages payment, but a refund of modeling fees for the period during which the advertisement could not be used," adding, "The court dismissed all claims for damages and breach-of-contract penalties from the advertiser based on fault attributable to actor Kim Soo-hyun’s side."

They continued, "What the court partially accepted was a claim to refund modeling fees corresponding to the period during which the advertiser could not use the advertisement," explaining, "This is in accordance with the settlement clause of the contract, which stipulates that modeling fees for the period during which the advertisement could not be used should be settled on a daily basis, premised on the fact that the advertising model bears no liability for breach of contract."

However, Kim Soo-hyun’s team stated they could not agree with the court’s interpretation that the situation where the advertisement could not be used due to illegal acts by Kim Se-yeol and others was considered "force majeure" under the contract, and filed an immediate appeal on the 12th.

Kim Soo-hyun’s team argued, "Actor Kim Soo-hyun is a victim of the crime of spreading false information. It is already unjust to become a victim of a crime, but it is absolutely unacceptable to evaluate the consequences of that crime as force majeure and require the advertising model, who is a victim, to refund modeling fees."

They further expressed concern that this ruling could encourage the illegal acts of so-called "cyber lekka" (internet vigilantes).

Kim Soo-hyun’s team pointed out, "If an advertising model has to bear such damages solely due to false exposés, celebrities will have no choice but to succumb to the threats of cyber lekka who engage in illegal acts," adding, "If being unable to use an advertisement due to a false exposé is considered force majeure, cyber lekka can attack a celebrity with fabricated materials and force that celebrity to return even the modeling fees they rightfully received. This is no different from giving wings to cyber lekka who engage in false exposés."

They continued, "Damages caused by a crime should not fall entirely on the victim of that crime," stating, "This ruling has once again confirmed that actor Kim Soo-hyun bears no breach of contract or fault. Those responsible for spreading false information must bear responsibility for the damages caused. Actor Kim Soo-hyun’s side will continue to respond firmly to reports and defamation based on false facts."

Meanwhile, Representative Kim Se-yeol has continuously raised claims since March last year, through YouTube broadcasts and other channels, that Kim Soo-hyun dated the late Kim Sae-ron when she was a minor and that he is responsible for her death. He also held a press conference on behalf of the bereaved family, releasing an audio recording of the late Kim Sae-ron’s voice and materials claimed to be KakaoTalk conversations with Kim Soo-hyun.

However, investigative authorities determined that the audio recording released by Kim Se-yeol was a manipulated file generated by generative artificial intelligence (AI), and that the contents of the KakaoTalk conversations between Kim Soo-hyun and the late Kim Sae-ron were also fabricated. Representative Kim Se-yeol was detained in May last year on charges of spreading false information about Kim Soo-hyun.

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*This content was translated by AI.View Original