Mar 23, 2009 • 2 min read

Big damages for Rained off tour

South Korean singer Rain and his agency JYP Entertainment have been ordered to pay over $8 million to a Hawaiian promoter over a cancelled 2007 tour.

A South Korean pop-star-come-actor called Rain, real name Jeong Ji-hoon, and sometimes dubbed "the Justin Timberlake of Asia" (or perhaps Justin is the "Rain of the West") has been ordered to pay a Hawaiian promoter over $8 million in damages in relation to a cancelled tour in 2007.

This particular lawsuit relates to a concert that was due to take place in Honolulu in 2007 at the start of an American tour. The show, and the tour for that matter, was cancelled at the last minute and promoters of the Hawaii show, Click Entertainment, argued that the last minute cancellation had cost them $1.5 million and caused furthered damage to the company's reputation. They also argued that they had since found out none of Rain's entourage had applied for visas ahead of the show suggesting that, despite the last minute cancellation, they never intended to come to the gig.

A US court found in Click's favour, ruling that Rain, his agency JYP Entertainment Co and two South Korean promotion companies were guilty of both breach of contract and fraud. Nearly $5 million of the damages payment are punitive, with Rain himself and JYP ordered to pay half each.

A legal rep for Click told reporters last week: "That was the best we certainly could've hoped for under the circumstances. I hope they send a message that people can't do the kind of things that this entertainer and his agents did. I think he received very bad advice... The decisions here were just horrible". It's thought the ruling will prompt other local promoters in the US who had been due to host other gigs on Rain's cancelled tour of the country to take similar legal action.

Rain's lawyer John Crocker argued that his client acted with good intent, and pointed out that Click's deal was actually with an American company called Revolution Entertainment, who held the rights to the singer's live activity in the US, and not with Rain or JYP directly. He said his client did fully intend to do the US tour - and Rain himself testified to that effect - and that the cancellation was out of his control. He added that other circumstances - such as a trademark dispute regarding the use of the name Rain in the US - had also had an impact on the tour plans, and also argued that Click had failed to build a proper stage for the singer.

Commenting on the court's ruling on the matter, Crocker told reporters: "We're obviously very disappointed with the jury's decision in this matter. We maintain our position that both JYP and Rain fulfilled all their obligations with regard to the Hawaii performance. We will continue to vigorously defend them, wherever these promoters bring these baseless lawsuits".

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