Agency "3.48 Billion KRW Compensation to Drama Production Company"
Agency Files Damages Lawsuit Against Kang Ji-hwan
Agency Loses First Trial → Second Trial Recognizes Reimbursement of 'Paid Money'
Actor Kang Ji-hwan (real name Jo Tae-gyu, 47), who was convicted of sexually assaulting drama staff, has been ordered in an appellate court ruling to pay approximately 3.5 billion KRW to his former agency.
The Seoul High Court Civil Division 6-1 (Presiding Judges Kim Je-wook, Kang Kyung-pyo, Lee Kyung-hoon) on the 6th overturned the first trial ruling, which had ruled against Kang's former agency Jellyfish Entertainment in a damages claim lawsuit filed against Kang, and partially ruled in favor of the plaintiff.
Actor Kang Ji-hwan is coming out after the appeal trial held on May 14, 2020, at the Suwon High Court in Gyeonggi Province, on charges of sexually assaulting and molesting two female outsourced staff members. Photo by Yonhap News
Previously, the first trial dismissed the damages claim for breach of contract, stating that "the 'staff sexual assault' incident occurred after the contract between Kang and Jellyfish had expired, so Kang cannot be considered to have violated the exclusive contract obligations." In response, the agency reinforced its claim that Jellyfish compensated the drama production company 3.48 billion KRW due to Kang's fault and filed a subrogation claim, which was accepted in the second trial.
The appellate court stated, "Considering that the exclusive contract allows the agency to deduct such costs from Kang's income if the agency compensates a third party due to Kang's fault, Kang must bear the full amount Jellyfish paid."
In July 2019, Kang was prosecuted for forcibly molesting one outsourced staff member and sexually assaulting another during a gathering with drama 'Joseon Survival' staff at his home, and was sentenced to 2 years and 6 months in prison with a 3-year probation. Due to this incident, Kang withdrew from the ongoing filming of Joseon Survival.
Subsequently, the drama production company filed an unjust enrichment return lawsuit against Kang and Jellyfish, demanding 6.38 billion KRW, and the court ruled that Kang and Jellyfish must pay the production company 5.38 billion KRW. Jellyfish then filed a damages lawsuit against Kang again.
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