Republic of the Philippines
REGIONAL TRIAL COURT OF BAGUIO CITY
FIRST JUDICIAL REGION
KUMSUNG CONSTRUCTION AND DEVELOPMENT CORP.
YOUNG ME YOU,
CIVIL CASE NO: 8006-R
SUM OF MONEY AND DAMAGES
WHEREAS, herein plaintiffs filed a Complaint on March 11, 2014, and an amended complaint on April 14, 2014 herein quoted as follows:
“PLAINTIFF, by the undersigned counsel, complains of the defendant and for causes of action, respectfully alleges that:
1. Plaintiff KUMSUNG CONSTRUCTION AND DEVELOPMENT CORPORATION (Kumsung) is a domestic corporation duly registered under Philippine laws and with office address at Queendom Tower, No. 6 Moran St., Gibraltar, Baguio City. It is represented in this suit by its director MR. SEUNG YOUNG OH, Korean, of legal age, married and a resident of 1401 Queensdom Tower, No. 6 Moran St., Gibraltar, Baguio City as per Board Resolution No. 16 dated February 25, 2014;
2. Defendants MRS. YOUNG ME YOU (You) is a Korean, of legal age and residing at 2802 Queendom Condominium, Gibraltar Road, Baguio City, where she may be served with summons and other court processes;
3. Kumsung is then owner of several condominium units located at Queendom Tower, No. 6 Moran St, Gibraltar, Baguio City;
4. On June 14, 2013, through Board Resolution No. 4, series of 2013, Kumsung gave You the authority to look for tenants and lease its units, collect the rentals and issue receipts for and on the corporation’s behalf with the corresponding obligation to remit rentals to Kumsung;
5. In connection with said authority, Kumsung reposed its trust and confidence to You and entrusted to her the keys of said units as well as the company record where she will account all the payments she received;
6. Accordingly, You has been collecting the rentals ever since. To date, unremitted rentals already amount to FOUR MILLION EIGHT HUNDRED SIXTEEN THOUSAND PESOS (P4,816,000.00) more or less, as evidenced by the record of payments and some receipts which Kumsung recovered from the lessees;
7. As agreed upon, You is supposed to keep her collections and then present and remit them to Kumsung but she did not;
8. Hence, per Board Resolution No. 01 series of 2014, Kumsung authorized its director MR. SEUNG YOUNG OH to make demands to the defendant. At the same time, board director MEMBLA KANG was appointed to collect the rentals of Kumsung’s units;
9. On January 19, 2014, Kumsung Opened its BDO Bank Account under Account No. 00018303652301 purposely for You to deposit and remit all her collections;
10. However, despite repeated demands, You failed to remit and deposit in the said account of Kumsung the rentals she received much to the corporation’s damage and prejudice;
11. You, through her counsel, replied to said demand letter which Kumsung found to be unacceptable;
12. Nevertheless, Kumsung still gave You another chance and sent her another demand letter but she still failed to do remit Kumsung’s money;
13. Thus, by reason of defendant’s refusal to comply with her obligation and the demands duly made, plaintiff is constrained to institute this suit for which it will spend P80,000.00 as attorney’s fees plus P3,000.00 per hearing attended by its counsel as appearance fee and incur an estimated sum of P100,000.00 as actual damages and litigation expenses;
ALLEGATION IN SUPPORT OF APPLICATION FOR A WRIT OF PRELIMINARY ATTACHMENT
Plaintiff repleads all the foregoing by way of reference and further states that:
14. Instead of complying with Kumsung’s demand for her to account and remit her collections, You is now offering to sell her condominium unit located at Queendom Tower, No. 6 Moran Street, Gibraltar, Baguio City covered by Condominium Certificate of Title No. 018-2011000320, obviously for the purpose of said property out of the reach and claim of Kumsung and of defrauding said corporation. In fact, per information gathered by Kumsung, You appears to have already executed a deed of donation in favor of her daughter Jihye Lee. She is also poised to leave the Philippines and go back to Korea once she is able to dispose off her property;
15. If You succeeds in disposing of said condominium unit, the she has no more property in the Philippines against which Kumsung can proceed to recover its valid claim and there is no other sufficient security for Kumsung’s claim that could be enforced by this action and the amount due it is as much as the sum for which an order of attachment may be granted above all legal counterclaims;
16. The plaintiff is willing to post a bond in the amount that this Honorable Court may fix;
17. The affidavit of merit of Kumsung director MR. SEUNG YOUNG OH showing that plaintiff is entitled to the writ applied for.
WHEREFORE, in view of all the foregoing, plaintiff most respectfully prays of the Honorable Court as follows;
1. Pending the hearing of this case, a writ of preliminary attachment be issued against defendant covering her condominium unit located at Queendom Tower, No. 6 Moran St., Gibraltar, Baguio City covered by Condominium Certificate of Title No. 018-2011000320;
2. After due notice and hearing, judgment be rendered ordering defendant to pay plaintiff the following:
a. FOUR MILLION EIGH HUNDRED SIXTEEN THOUSAND PESOS (P4,816,000.00) more or less, plus legal interest from the filing of this complaint until fully paid;
b. P80,000.00 as attorney’s fees and P3,000.00 as appearance fee per scheduled hearing and P100,000.00 or such amount as plaintiff may prove as actual damages and litigation expenses.
Other measures of relief just and equitable under the premises are likewise being prayed for.
Baguio City, March 10, 2014.
BERNARD O. BAGANG
Counsel for Plaintiff
Room 405-Baguio Cityland Office
La Azotea Blg.,
WHEREAS, on July 22, 2015, the plaintiffs through counsel filed with this Court, a Motion for Leave of Court to Serve Summons by Publication, it appearing that defendant Young Me You is reportedly abroad is unknown, and there is a need to publish the summons to comply with due process, which was Granted by the Court in its order dated July 23, 2015.
NOW THEREFORE, you, the defendant YOUNG ME YOU is hereby summoned through this medium of publication, and therefore required to file with the Office of the Clerk of Court, Regional Trial Court of Baguio City at Justice Hall Baguio City, Philippines your answer to the above-quoted complaint within SIXTY (60) DAYS from date of last publication hereof, serving at the same time a copy of your answer upon the plaintiff’s counsel ATTY. BERNARD O. BAGANG, Room 405, 3rd floor La Azotea Blg., Session Road, Baguio City.
Let this summons be published at the expense of the plaintiff in The Junction, a newspaper of general circulation in Baguio City and its suburbs for three (3) consecutive weeks not later than August 9, 2015.
Furthermore, there has been deposited a copy of the summons, together with that of the amended complaint and the order dated July 23, 2015 at the Baguio City Post Office Postage Prepaid, directed to defendant YOUNG ME YOU.
WITNESS, the HONORABLE EMMANUEL CACHO RASING, Presiding Judge of the Regional Trial Court of Baguio City, Branch 3, this 29th day of July, 2015.
ATTY. GAIL M.BACBAC
Publication Dates: Aug. 1, 8, and 15, 2015.