On January 24th, JTBC's 'Crime Chief' reported on a customer's claim that they bought a painting by Song Min Ho (Mino), a member of the K-pop group WINNER, two years ago, but have still not received it.
Song Min Ho, who made his debut as an artist at an exhibition in 2019, held his first solo exhibition in December 2022. The customer attended the exhibition and purchased a piece titled I Thought through a gallery responsible for consignment sales for 25 million KRW (about $18,000).
The painting was originally scheduled to be delivered in February 2023, after the exhibition ended. However, the gallery repeatedly postponed the delivery, citing reasons such as overseas exhibition schedules.
Meanwhile, the curator in charge informed the customer, saying, "After discussing the sale, we proceeded with the exhibition. However, due to issues like overseas exhibitions, we were told the painting currently on display was no longer available for sale. Instead, we will provide a similar new painting by the artist."
The customer protested, saying, "If the painting wasn't for sale, why was it priced and offered for purchase?" and complained to the gallery. It was later revealed that the painting was already reserved by a famous female singer and was not available for sale from the start. Song Min Ho's team argued that the gallery had made the sale reservation without the artist's consent, blaming the gallery for the mistake.
Despite having paid the money, the customer still hasn't received the artwork and has filed a civil lawsuit. Song Min Ho’s team countered that the gallery had made the sales offer to the customer, who had agreed to purchase it.
However, the customer was unable to receive the painting for over two years, with the gallery citing the unclear identity of the buyer. Consequently, the customer pursued a civil lawsuit.
The first court ruling determined that "the painting should be delivered to the buyer, and if it cannot be delivered, the paid amount should be refunded."
The customer is now demanding an additional 40 million KRW (about $30,000) in a settlement, arguing that the legal fees alone amounted to at least 20 million KRW (about $14,000), and considering other costs and mental distress, the requested amount is not excessive.
However, the court in the second trial did not approve the settlement demand, and the customer is currently considering an appeal. The gallery admitted that the curator, who had little experience at the time, made a mistake but countered by claiming that the buyer was making unreasonable demands.
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