The Seoul High Court ruled on Oct. 29 that the production company Dolphin Yugoodan must pay Ador 1 billion won for posting the director's cut of NewJeans' 'ETA' music video without approval. The first-instance result stands.
Same sum, different reasoning
The first trial treated 4 billion won, twice the 2 billion won service fee, as the penalty and granted Ador's 1 billion won claim in full. The appeal court said the penalty clause is valid only up to about a quarter of that, 1 billion won, and void beyond it as contrary to public order and good morals.
Verbal consent from Min Hee-jin did not help
Dolphin Yugoodan says Min, Ador's former CEO, agreed verbally at a July 3, 2023 meeting. The court held that even with verbal consent, adding the video without Ador's prior written consent and posting it with the collaborating company's Apple logo still in place breached the contract.
Ador calls that account unreliable.
The director is not personally liable
Both appeals were dismissed. The finding that director Shin Woo-suk owes no damages personally was kept, and Ador's other claims, including copyright infringement and defamation, were not accepted.
How the dispute began
The director's cut went up on Dolphin Yugoodan's YouTube channel in 2024, and Ador sued for roughly 1.1 billion won in damages. The first-instance ruling came on Jan. 13 this year.