► Title: Claim for damage compensation due to indefinite delay of a pop concert (SM TOWN Live ’09)
►Date of Request: Dec., 2010
►Respondent: SM entertainment, Dream Maker Entercom
►Date of Mediation Decision: April 28, 2010
►Outline: Respondent (agency) sold tickets for a pop concert , in which it s member entertainers would make appearance, for W9,900 ~ W143,000 per a ticket. However, the respondent delayed the concert indefinitely ten days before holding the concert due to concerns over safety accidents and split of fans as some members of Tong Vfang Xien Qi (東方神起 ot TVXQ) left the Agency due to unfair exclusive contract. Since then, the respondent returned the price paid only for the ticket purchase. However, consumers made a request for additional damage compensation.
►Main Contents of the Mediation Decision
• Interpretation of Irresistible Reason of Cancelling the Concert: Although the respondent claims that stakes for safety accidents are quite high due to discord among fans when holding a concert gathering a large audience of 30,000 persons. The respondent continues to argue that this is irresistible reason for the concert cancellation as the concert cannot be proceeded normally. However, that kind of risk exists in all kind of concert with a large audience. Also, the cause for the concerns over safety accidents is not without the respondent. Based on these reasons, the claims by the respondents are not accepted. |