FIFTY FIFTY Tampering Dispute: What the Court Found About Abuse Claims

A roughly $9.6 million (13 billion won) damages lawsuit stemming from FIFTY FIFTY's contract dispute is approaching a first-instance ruling. Filed by the group's agency, ATTRAKT, against three former members, their parents, The Givers and others, the case is scheduled for a ruling on Nov. 13. Ahead of that decision, a look back at the dispute traces how allegations over accounting, health management and outside interference led to years of litigation.

FIFTY FIFTY debuted in November 2022 with Keena, Saena, Sio and Aran. After "Cupid," released in February 2023, entered the Billboard Hot 100, the group became known in South Korea as a "miracle from a small agency."

The breakthrough was soon overshadowed by a contract dispute. On June 19, 2023, all four members filed an application for an injunction to suspend the validity of their exclusive contracts with ATTRAKT. They alleged that the agency had failed to provide transparent accounting information, breached its obligations to protect their health and lacked the resources to support their careers.

The dispute became public when ATTRAKT raised allegations of outside interference. On June 23, the agency alleged that outside parties had approached the members and encouraged them to breach their contracts. The members made public their injunction application on June 28, saying they had made the decision independently and without outside involvement.

ATTRAKT identified Ahn Sung-il, CEO of The Givers, which had handled FIFTY FIFTY's music production, as a person it alleged was involved in the dispute. The agency alleged that Ahn had encouraged the members to leave without ATTRAKT's knowledge and sought to move them to another company. Ahn's representatives denied being involved in the members' contract dispute.

Allegations about the members' health and treatment also drew scrutiny. An Aug. 19, 2023, episode of SBS's investigative program "Unanswered Questions" featured claims from a family member that the performers had not received adequate meals and had suffered humiliating treatment, including an allegation that food brought by their parents was thrown onto the floor. The family member also raised concerns about CCTV cameras at the agency and what they described as excessive monitoring and control at the members' dorm.

On Aug. 28, 2023, the Seoul Central District Court denied the four members' injunction application. It found that the evidence submitted did not sufficiently establish grounds for terminating the contracts attributable to ATTRAKT or show that the relationship of trust between the two sides had irreparably broken down.

The accounting issues did not justify suspending the contracts, the court found. Although some revenue details had not been properly provided to the members, the omissions were subsequently corrected by ATTRAKT within the contractual deadline after receiving a request to do so. The evidence submitted at that stage also did not establish that revenue had exceeded production costs and resulted in profits payable to the members.

The court likewise found insufficient evidence to support the alleged breach of health-related obligations. It noted that ATTRAKT had arranged medical appointments when health issues arose, monitored the members' diagnoses and recovery, and adjusted work schedules to accommodate treatment and surgery. Regarding one member's surgery, the court said the postponement appeared to have followed an improvement in her condition rather than pressure from ATTRAKT to continue working.

The court also noted that the members had sought the injunction before the 14-day period for remedying alleged contractual breaches had expired. It found insufficient grounds to conclude that ATTRAKT had failed to act on requests for corrective measures or that breaches had been repeated or continued.

Keena withdrew her appeal in October 2023 and returned to ATTRAKT. The agency notified Saena, Sio and Aran of the termination of their contracts on Oct. 19. Their appeals were dismissed on Oct. 24 because they had not submitted statements explaining the grounds for appeal and the court found no reason to overturn the original decision.

In December 2023, ATTRAKT filed the roughly $9.6 million (13 billion won) lawsuit against the three former members, their parents, The Givers and other parties. It sought damages and contractual penalties from the former members for alleged contract breaches, as well as damages against the other defendants based on ATTRAKT's allegations of joint unlawful conduct. In August 2024, the former members filed a counterclaim seeking approximately $221,000 (300 million won) in unpaid settlement payments.

In a separate damages lawsuit against The Givers and its executives, ATTRAKT secured a partial victory at first instance. On Jan. 15 this year, the Seoul Central District Court ordered The Givers and Ahn to jointly pay ATTRAKT approximately $368,000 (499.5 million won), with Baek jointly liable for approximately $331,000 (449.5 million won) of that total. The case concerned alleged breaches of a services agreement and claims that the defendants had caused financial losses through deception, breach of trust and interference with ATTRAKT's business, among other allegations. Both sides subsequently appealed the ruling.

ATTRAKT has not prevailed in every related case. In March, it lost its appeal in a separate lawsuit over the copyright to "Cupid." The court found that The Givers was the party to the copyright assignment agreement and that the rights could not be regarded as having been acquired for ATTRAKT under the services agreement.

The Seoul Central District Court's 61st Civil Division concluded arguments in the roughly $9.6 million (13 billion won) case on Sept. 18. ATTRAKT's damages claims and the former members' counterclaim for unpaid settlement payments were heard together, with the first-instance ruling scheduled for 2 p.m. on Nov. 13.

While the litigation continued, FIFTY FIFTY resumed activities with a new lineup. Chanelle Moon, Yewon, Hana and Athena joined Keena, rebuilding the group as a five-member act in 2024. They released the pre-release single "Starry Night" that August, followed by the group's second EP, "Love Tune," and its title track, "SOS," in September.

Last year, "Pookie" gained renewed attention after its initial release. This June, FIFTY FIFTY released its fourth EP, "Imperfect-I'mperfect," led by "Like a Bubble." The group also held shows in Seoul and Tokyo as part of its first Asia fan-concert tour, "Still LoBubble."

Hana paused her activities for health reasons in March. Promotions for the June album proceeded with Keena, Chanelle Moon, Yewon and Athena.

Once celebrated as a "miracle from a small agency," FIFTY FIFTY has rebuilt its lineup as the legal dispute has continued for more than three years. While the current members continue performing, the damages case concerning the departure of the three former members is approaching a first-instance ruling. On Nov. 13, the court is scheduled to rule on the defendants' liability and the amount of damages, if awarded.