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110429 JYJ Sues Japanese Agency Over Cancellation Of Concert

JYJ has filed a lawsuit in Japan against their management company AVEX Entertainment for interfering with their attempt to hold a charity concert.

JYJ, a boyband formed by former TVXQ members Kim Jae-joong, Kim Jun-su, and Park Yoo-chun after they filed a lawsuit against SM Entertainment for unjust contract, had planned a charity concert to aid earthquake-affected areas in Japan. However, the concert’s venues have canceled their contracts with JYJ after AVEX allegedly pressured them.


(From left to right) JYJ’s Kim Jun-su, Kim Jae-joong, Park Yoo-chun talk to Thai fans during their Bangkok Concert on April 3. (Yonhap News)

JYJ’s agency C-JeS Entertainment and the concert organizer ZAK Corporation have filed two provisional dispositions against AVEX with the Tokyo District Court.

AVEX released an official statement, in which they do not deny the action. “Our company holds the exclusive rights for JYJ’s activities in Japan, and we have just taken actions against the infringement rightfully and properly,” AVEX said. They also claimed that they have received blackmails and threats due to the matter.

AVEX signed a contract with three members of JYJ in early 2010 after JYJ filed the lawsuit with SM Entertainment. A few months later, AVEX announced the “suspension of activities” of three members, arguing JYJ should refrain from promoting in Japan while legal proceedings against SM Entertainment were under way in Korea.

This “suspension of activities” has kept JYJ from conducting any promotional activities in Japan. Even after the suspension, however, AVEX has continued to make profits with products such as DVDs and JYJ footage.

Due to their ongoing lawsuit with their management company, JYJ has had difficulties in their activities in Korea as well. They have released an album, held concerts globally, and acted in dramas and musicals, but have had trouble getting airtime on television entertainment shows.

Another pop group, KARA, who also had three members embroiled in a dispute with their management company DSP for nearly 3 months, recently announced they have resolved the disagreement and will continue their career with DSP.

Source: [koreaherald]
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Posted by on April 30, 2011 in dbsk/tvxq/tohoshinki

 

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110317 JYJ’s Side Replies To Accusation Of Fraud “It Was We Who Suffered Financial Losses”

JYJ’s agency has released an official statement regarding the accusation of fraud made against it.

Through an official statement, JYJ’s side stated, “JYJ’s management agency C-JeS Entertainment has decided to take strong legal action as the agency can no longer stand in silence as one-sided information, stating that an individual has incurred losses due to fraud during last year’s US showcase tour, continues to be released through the media.”

It continued to state, “Sejong is planning to take strong legal action against HDream, the company that filed a fraud lawsuit against Mr. Kim, a man claiming to be a subcontractor of the US tour performances hosted by C-JeS Entertainment, and that mentioned C-JeS and JYJ as the accused in the legal complaint released to the media on the 15th of March,” and “In the legal complaint released by HDream to the media, HDream only states that it invested money with Mr. Kim and makes no specific references of C-JeS Entertainment or Warner Music. As there is no information other than a one-sided speculative statement by HDream, it is clearly evident that C-JeS Entertainment has no relation to this lawsuit whatsoever and HDream itself is subjected to be sued for libel as well as defamation for publishing based on false information. These acts will be met by strong legal action by C-JeS Entertainment.”

Regarding this, Sejong’s Lim Sang Hyuk stated, “There have always been acts such as this that exploit the fact that famous celebrities shy away from unpleasant things being published about them. There have been many instances where JYJ were given unjust demands, of which all were declined and ignored. But this case has crossed the line and will be met with strong legal action.

He also stated, “This is an inherent vice that plagues, not only JYJ, but other celebrities as well, so we ask for the cooperation from fans and the media so that such events do not happen again.”

CEO Baek Chang Joo of C-JeS Entertainment stated, “It was we who suffered financial and psychological damages through the promotion company’s poor work during the US tour,” and “Regardless of the fact that we paid for all the extra costs needed to complete the tour to make sure that JYJ could keep their promise with their fans, HDream has released a legal complaint to the media with our name of it, regardless of the fact that C-JeS Entertainment has nothing to do with the case, and this will be met with strong legal action.”

CEO Park Jae Young of the investment company HDream recently sued the CEO of C-JeS, as well as other JYJ concert investors, for fraud. According to CEO Park, Mr. Kim did not invest in the JYJ concert, and the production plans, fund capacity and liabilities conditions of the agency were not what Mr, Kim claimed they were. Also, he claimed that the concert fell through due to inadequte communication between C-JeS, Warner Music, Tinsel and PopTune.

CEO Park continued to claim, “I flew to Hong Kong to observe JYJ’s Hong Kong performance on October 24th in 2010. But their four US performances were held free-of-charge due to C-JeS’ mistake. This caused me to incur colossal losses

Source: [newsen+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.net
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Posted by on March 26, 2011 in dbsk/tvxq/tohoshinki

 

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110302 Official statements of Yunho and Changmin released on Nov. 1, 2009

Having explained the 625 meeting in detail, now we would like to go over the official stance of the two members and the SM Entertainment. We hope this will help explain why so many fans have turned their backs on TVXQ Act. II in spite of the fact that we have kept our silence about the rumors in consideration of the two members in part, and also little bit of why this tiring fight between the fandom have exacerbated to the current situation.

On November 2, 2009, SM held a press conference in response to the court’s approval of the three members’ application of provisional injunction. At this conference, SM’s CEO, Kim Young Min, appeared to publicly denounce the three members’ lawsuit as the “ultimate public hoax,” and sent a ‘final notification’ to the members to come back to SME by November 12, 2009.
Also at this press conference, SM released statements signed by the two members as a supporting evidence of its claims that the main reason for the three members’ lawsuit is not the ‘slave contract,’ but the three members’ greed in pursuing the cosmetic business.  Below is the official statement SM Entertainment released at the press conference on November 2, 2009. (Notice that the statements are signed on November 1, 2009, and Yunho’s signature has been decorated with a star something that you would not expect from an official document.)

Source: http://news.donga.com/3//20091103/23847804/1

Before this press conference, the two members had never made a single statement about the lawsuit. On this document, the two members officially refuted all of three members’ claims about the unfair contract and basically sided with SMEsaying that there’s nothing more important to them other than keeping their loyalty and promise to their management company.

At that time, fans did not take this document seriously and literally believed that this was a fraud. We refused to accept that this statement expressed the genuine opinions of the two membersWhy? Because fans have loathed SME’s management and its logic since the debut of TVXQ or even before. We had never even dreamed of a situation where the two members would share the same line of thoughts with SM and play along with its lies to shove the three members into a bottomless pit. Fans kept on telling themselves that it was SM who had planned all this, and the two members were not in a situation where they could freely express their opinions as they still were bound by the contract to SM.

At the time, there was a dispute between SM Entertainment and the three members regarding the Shenzhen concert. The three members alleged that SM had forged their signatures on the contract even though they were never even informed about the show. SM refuted (three members’ claims) by saying that although the signature was in fact made by someone else, there was nothing illegal about this since the three members had verbally agreed to participate. SM claimed that the the forger himself who confessed in writing about the signature forged the whole contract itself (relevant articles in Korean: http://www.nocutnews.co.kr/show.asp?idx=1323081, http://news.donga.com/3//20091126/24359708/1). From this dispute, the fans thought they had reasonable doubt to believe that the signature on that official statement must be forged as well, pointing out the star next to Yunho’s signature as evidence. That theory sounds comical now, but fans were not delusional when they thought the two members must been forced to sign the document. It was our last hope in seeing the five members together again.

It took us more than a year to realize that what this document holds indeed is what the two members truly felt about the lawsuit and the three members. They have repeatedly expressed how they thought and felt not only through this official statement, but through their interviews, thanks to messages in the album, and their songs. We simply regret that we could not understand what was really in their heart any sooner. Nonetheless, it is not the fault of us, fans, that we desperately wished that this signed statement which looks no different from that of SME’s own could have been forged, that they would have not written those words and could have not shared the same beliefs with SME.

Some fans still hold the same faith. What other choice do Yunho and Changmin have but to follow what SM tell them to do? No. They always could have chosen another path.We are NOT saying that the two should have left SM just like the three had done. We are saying that they could at least have appealed to SME that they will not to participate in any acts that would damage the three members’ reputation. If you really think that the two members are not able to reflect at least that much of their opinions into their activities, wouldn’t you say that there is something seriously wrong in such a contractual relationship? If this contract is an equal partnership between the members and the management fair and square like the two members and SME insist it is, shouldn’t  two members at least be able to avoid being the pawns in SM’s game? How could they repeat the exact same things SM has said if they do not agree with it themselves?

The court has ruled that the cosmetic business is not related to this lawsuit. Undoubtedly, both SME and the two members must have known this before they made this argument in the court AND at the press conference. It would be an understatement to say that the fans felt betrayed at the fact that the two members actually engaged in the same dirty tricks of SM in bashing the three members as shameless scumbags.

Events around the time of TVXQ Act. II’s comeback has opened many Korean fans’ eyes about the two members and what SM is trying to do (the times we now call opening of the Hell Gate). We now realize that it is the two members, who no longer believe in the TVXQ [Act I], who have turned their backs first on the original TVXQ [Act I] fans.

For those of you who are still not convinced, we will bring you some of Yunho and Changmin’s quotes that convinced US that they have given up all hopes of TVXQ getting back together.

We didn’t want to let go of our last hope until the very end, but it seems like they are forcing us to choose a side. So we did. Now we won’t look back.

Let us doubt no more. They speak what is in their heart.

Credit: DC TVXQ Gallery

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Posted by on March 5, 2011 in dbsk/tvxq/tohoshinki

 

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110302 TVXQ2 talk about JYJ on “Knee-Drop Guru”

TVXQ poured their hearts out on March 2nd’s episode of “Knee-Drop Guru“.

Explaining their feelings about JYJ breaking off from TVXQ, Yunho stated,”It was a shock to me at that time. I didn’t know [they] filed an injunction. My heart was broken by thinking that our big success at such a young age caused all of this“.

He added, “I was also disappointed as a member that they even took the situation as far as filing a lawsuit. I can personally handle being called a ‘traitor’ but I regretted the situation influencing my beloved and respected parents“.

Changmin revealed his feelings, saying “The situation has been written in the papers and some talked badly about my parents. My father is still a teacher so I felt bad about him getting hurt. I also felt bad at the thought that my siblings or friends would become adults holding this pain in their hearts“.

Changmin reminisced about the then 5-member TVXQ’s final performance in 2009 at NHK’s ‘Red and White Collaboration‘ saying,  ”I looked at my schedule and I didn’t see anything. We were performing at a prestigious and memorable event, and I felt sad at the thought that this could possibly be our last stage. We advanced into Japan as raw newbies and it was a great time to profit from it, I didn’t know why I was performing a sad song at such a happy and fun stage”.

Yunho said, “I felt uncomfortable singing on that stage. We had a lot of memories and we came all the way here with one shared dream and I felt afraid that our last stage could take place at one of the most prestigious awards shows. So I felt as if I sang with a sad face, I’d be acknowledging (the situation) so I sang even harder.”

In addition, he revealed the hardships he went through in preparation for the new album, “For the new album, we needed to give off the TVXQ feeling / vibe with only 2 members, so it was hard filling the empty space. We practiced until the early morning, even after all the trainees left“.

At the question “Are the lyrics to ‘Keep Your Head Down’ targeting the JYJ members?“, Yunho replied, “It literally means ‘keep your head down’. Many people are thinking that we’re dissing the members but that was not our intent at all“.

He continued, “In our 1st album, there is a song called ‘Triangle‘, which has the lyrics ‘with a falling heart (I) cry bloody tears’. If we sang that at this time, people would mistake that we’re dissing (them). If we wanted to diss them, we would’ve never came out with this song“.

On the other hand, Changmin said, “I didn’t think we’d be able to dodge many questions for long. I felt we needed a time to jump over them”, giving a reason behind their decision to appear on the show.

TVXQ also revealed the story behind their stage name.

When MC Kang Ho Dong asked, “Were you all satisfied with the team name?“, Yunho said, “I didn’t like it. Our CEO thought about it for a long time and came up with ‘Dong Bang Bul Pae’. When I first heard it, I was really shocked. After that, our names were ‘Jun Muk Go‘ (A Whale Who Lives By Eating Legends), SM5, and Dream Team“.

Additionally, the two members came on the show with the concern, “We want to have more male fans“. Changmin explained, “In Cassiopeia, only 3.25% of the fans are male”.

Kang Ho Dong thought of a quick solution and made the whole cast laugh by saying, “Go to the army. If you go to the army, you can gain the hearts of 6,000,000 soldiers“.

Source: Sports Today #1 and #2, Star News #1 and #2

Credit: Allkpop

 

(NEWS) Yunho says, “Honestly, I am disappointed with JYJ’s choice”

 

Yunho and Changmin appeared on MBC’s Knee Drop Guru, and the two talked honestly about how they felt on the JYJ situation and having a comeback with two members.

Yunho said, “When the three members filed a lawsuit against the company, I had no idea about it. I was shocked by it. I feel like we could have worked out the whole thing by talking, and I was disappointed that they chose to sue the company.”

When Yunho was asked to say his opinions on why JYJ decided to turn their backs on the company, he said, “I think it’s because we got very big very quickly when we were young, and everything in Japan was going right as well. I think they got swept by that feeling.”

He continued, “People called us traitors, and I was okay with that, but my parents and family were affected badly by it. My father is a professor, and I was worried that young people would say hurtful things without knowing the whole situation. I was worried that unrelated people would get hurt as well.”

When asked about the last stage as a five-membered group in Japan, he said, “I was very uneasy that day. I hurt a lot because it was the best stage you could have in Japan, but it might have been our last stage. But I felt like if I looked sad, it looked like I was okay with the whole thing, so I just tried my best.”

Changmin added, “We started from the very bottom, and now all we had to do was to gain profit. Now they can’t promote, and I’m very sad for that.”

 

Source: New Daily

Credit: Koreaboo

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Posted by on March 5, 2011 in dbsk/tvxq/tohoshinki

 

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110303 “Didn’t know about the Lawsuit,” TVXQ explains. Really?

The media reported today some of the evidence that contradict Yunho’s statement that he was unaware of JYJ’s lawsuit at the time of its filing.

The below are the main excerpts from the article, translated:

On today’s program, Yunho and Changmin made statements such as “when (JYJ) submitted their lawsuit against SM, we didn’t know that they had filed the lawsuit and we were shocked.” They also said that “TVXQ could have been even greater but because JYJ made such an extremist choice (the lawsuit) we couldn’t do our activities as 5, so we are hurt by them.”

Among the evidences that the netizens (T/N: one of them being DC TVXQ Gallery) presented are: an article on TVXQ from January of last year, an interview article with JYJ’s legal counsel, Yunho’s father’s press statement in its entirety, and others.

The last schedule by the 5-member TVXQ was the ‘Red-White Singing Competition” of Japan’s NHK on December 31, 2009. The next day, Japan’s Niponichi heavily publicized the news of TVXQ’s split-up.

The article said that TVXQ’s Japanese agency Avex said that “because around August of 2008, the five members all said that they’d leave SM, they should have the same mindset inside. We cannot dismiss the possibility that the five will come together to start their (new) activities.”
(…)
The press statement that Yunho’s father drafted on November 1, 2009 was also presented as evidence. It said that “the reason for the JYJ’s desertion is the desire for the cosmetics company (T/N: This claim was rejected to be false, both by the Korean Attorney’s Office and the Seoul Central District Court) . From February 2009, the three members suggested that (the other two members) leave too…
…………………………………………………………………………………………………………………………………………..

It is clear that, objectively, at the very least, one of either Yunho or Yunho’s father cannot be telling the truth. Their statements are inconsistent.


Source: Nate

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Posted by on March 5, 2011 in dbsk/tvxq/tohoshinki

 

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110228 80,000 International JYJ Fans Submit Petition To The Courts “Stop SM’s Interference”

86,418 international fans submitted a petition to the Seoul District Courts regarding JYJ’s activities.

International JYJ fans released an official statement on February 28th that read, “International fans voluntarily created a petition site in ten languages that was open from February 2nd till February 25th to petition for a timely verdict by the Seoul District Courts that recognizes the members’ rights.”

Regarding the reason behind creating the petition, the international JYJ fandom stated, “We are international fans of Kim Jaejoong, Park Yoochun and Kim Junsu, the members of JYJ and TVXQ, and global consumers of the cultural phenomenon that is the Hallyu Wave,” and “We have created this petition to publicize and halt the repeated violations of the rights promised to all individuals in Korea, when the nation signed the International Human Rights Convention, and therefore entitled to JYJ by SM Entertainment (SM), KMP Holdings, the Korea Federation of Pop Culture and Art Industry (KFPCAI), and the Korean Entertainment Producers Association (KEPA).”

International fans contined to explain that, “SM, as well as those organizations with commercial cooperative relations with SM, has been violating the rights of JYJ by denying them the right to ‘free activities in the entertainment industry with no inferences’, a right that is lawfully entitled to them.”

The international fans then proceeded to emphasize the importance of intellectual property rights, labor rights, and wage protection rights in this case. They expalined that, “This is a clear violation of the legal rights of JYJ, citizens of the Republic of Korea, to pursue activities in the entertainment industry with no interferences,” and “JYJ must be ensured their rights to sufficient rest and favorable labor conditions as well as their wage-protection rights, that require the disclosure of sufficient information to the workers.”

They continued to state that, “We urge the Courts to publicly condemn these actions and correct them without question to show the Courts’ commitment to ensuring that the nation’s citizens are not deprived of their basic rights.”

Source: [newsen+Yuaerubi]
Translation credits: jeeelim5@tohosomnia.net
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Posted by on March 5, 2011 in dbsk/tvxq/tohoshinki

 

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are you pretending to be innocence or simply plain stupid?

(ANALYSIS) The first !!!– YH claims “I had no idea the three members were filing a lawsuit”

 

In his appearance in a recent Korean program, Yunho claimed that he “had no idea the three members were filing a lawsuit” (Source: Nate News)

 

Many JYJ fans who’ve watched this entire process know that this is a lie. Here are the evidences refuting such a statement.

 

 

Evidence #1. All five members, not just JYJ, originally planned to leave SM

[From an article in Sports Nichi on January 1st, 2010 – source: Link]

 

DBSK are disbanding…. Do the two members not even have the drive for their appearance in Kouhaku uta Gassen (紅白歌合戦)?

 

(omitted)

 

According to a representative from Korea’s SM Entertainment, relationship between Yunho, Changmin (who have decided to remain with the company) and Jaejoong, Yuchun, and Junsu (who filed a lawsuit requesting invalidation of their contract with SM), cannot be recovered. The five members appeared in Kouhaku uta Gassen for the second time in two years and sang their hit song, “Stand by Me.” However, unlike Jaejoong and the two other members who sang enthusiastically, Yunho and Changmin clearly had no drive. In fact, Changmin didn’t even say goodbye to the audience and refused to look at the members.

 

[as a side note, this also disproves Yunho’s claim that “I sang the best I could because I didn’t want to accept that this might be our last performance” – Source: Nate News].

 

(omitted)

 

 

Meanwhile, Avex, the Japanese record company for the group, and SM has talked about solving the issue, but confirmed that the disbandment of the group was unavoidable. Their single “Break Out!” being released this month will most likely be their last single, and afterwards will release a best album on February 17th.

 

AVEX’s contract with SM doesn’t end until Novemeber, and there is a possibility that the three members will hold activities as a new group after [the release of Tohoshinki’s best album in February]. However, according to one rep, “Last August, all five members communicated their intent to leave SM, so they all have the same beliefs on their mind. We can’t completely exclude the possibility that the five will come together again and resume their activities.”

 

 

Evidence #2. All five members, not just JYJ, originally planned to leave SM

[From an interview with the Sejong lawyer representing JYJ on December 3rd, 2009 – Source: Link]

 

Q: Did you know who DBSK were?

 

A: “(laughter) this can’t be reported but… I didn’t know their faces. They told me that they were coming to see me and I spent the entire morning memorizing their faces by looking at their music video and pictures on my computer. I kept getting confused between Changmin and Jaejoong, but fortunately(?) Changmin didn’t show up.”

 

[This suggests that the lawyer, in fact, expected all FIVE of the members to show up in his office, making the need to memorize faces of ALL FIVE members necessary]

 

 

Evidence #3. All five members, not just JYJ, originally planned to leave SM

[During JS & YH’s couple talk in “All About DBSK Season 3” – see video here]

 

JS: We’ve especially been talking a lot about our futures recently, aren’t we?

 

YH: Yes, we are. We’ve been talking about that a lot.

 

JS: We especially talk a lot about DBSK’s future, and first, we don’t even have to talk about DBSK always being together….

 

Because that is something that’s obvious and what all the members recognize, and it’s actually funny for us to even debate on that topic, but I really hope everything will continue to be how it is.

 

We will keep going forward… and in the center of all this, I believe Yunho has the biggest role and is in charge of the most important part

 

[Junsu is referring specifically to Yunho and suggesting that he has the biggest role in the upcoming lawsuit… “in charge of the most important part….”)]

 

…and if we remain like this, I think DBSK will be a very long-lasting group and I really want to be like that…

 

But I guess this is more difficult that I thought it would be. We never swayed in that point(staying together as DBSK), but I did get the thought that this might be difficult in our work.

 

[Junsu hinting that staying together as DBSK and continuing DBSK activities for a long time may be difficult in SM Entertainment]

 

I have gotten such a feeling, but I think we can do it in our current situation [“it” referring to the lawsuit]. It might be something that we should be thankful of, but we’ve seen a lot.

 

This really becomes a great strength for us and I think it allows us to develop a broad-mind.

 

As you can see, this interview strongly suggests that Yunho was quite aware of Junsu’s plans to leave SM and, at the time (after all, he doesn’t seem to be confused at all with Junsu’s very suggestive statements), agreed with Junsu’s decision.

 

 

Evidence #4. YH’s father claims that he knew JYJ was leaving.

 

[From an official statement made by YH’s father on November 1st, 2009 – Source: Link]

 

The following article is an official letter from YH’s father, claiming that JYJ left SM Entertainment solely because of their investments with a cosmetics company.

 

However, we know that the courts recently ruled that the cosmetics company was not responsible for SM & JYJ’s dispute (Creabeau found not responsible , SM’s counter suit against Creabeau dismissed) once again proving this “official statement” completely without basis.

 

However, what this statement proves is that YH’s father and the members were quite well aware of the three members’ intent to leave SM Entertainment.

 

 

 

 

[Translation, Box 1] The two members are aware of the truth behind [the members’ lawsuit against SM Entertainment].

 

The “truth” here is referring to the three members’ involvement in a certain cosmetics business. Again, from recent court rulings, we know that the “truth” wasn’t a truth at all. However, this statement proves the fact that the two members were aware of the three members filing a lawsuit, whatever the reason might have been.

 

 

 

 

 

[Translation, Box 2] Once President Kim YoungMin left the room and only DBSK parents were left, a certain father of Jaejoong, Yuchun, or Junsu, claimed that “we will no longer stop working with SM.” Changmin’s father and I tried to convince the remaining parents, but their points of view were firm.

 

Here, Yunho’s father then claims that during a meeting, one parent of Jaejoong, Yuchun, or Junsu told him and Changmin’s father that they will not work with SM Entertainment (supposedly because of their cosmetics business, but we already know that the courts have already ruled that the members’ lawsuit has is NOT BECAUSE of their business ventures). Once again, this proves that YH and CM’s father (and we can only assume that the two members knew if their fathers knew)were aware of the lawsuit before it was filed.

 

 

Credits: DC TVXQ Gall, Blackelement Ice

Trans & Analysis: withJYJ

 
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Posted by on March 4, 2011 in dbsk/tvxq/tohoshinki

 

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