Kohap Ltd., a Korean Corporation v. Grand Bell Inc., a California Corporation; Peter Oh (aka Peter Won Kyung Oh and Peter Won Kyung), an individual
Published: May 18, 2004 | Result Date: Nov. 5, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC226742 Verdict – $13,656,100
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Joseph P. Wohrle
(Gladstone Weisberg ALC)
Defendant
Experts
Plaintiff
John H. Reith
(technical)
Lynn Stout
(technical)
Defendant
Yojin Jung
(technical)
Dale Zuehls
(technical)
Facts
According To The Plaintiff: The plaintiff, Kohap Ltd., is a Korean petro-chemical corporation that manufactures Poly Ethylene Terephthalate (PET) resin, which is used to make beverage bottles and similar products. The defendant, Grand Bell Inc., is a California corporation that was organized in 1990 under the name Space Enterprises Inc. The incorporator of Space Enterprises Inc. was defendant Peter Oh aka Won Kyung Oh and Peter Won Kyung. Until allegedly going defunct approximately three years earlier, Grand Bell was engaged in the forwarding of freight to foreign countries. Oh was sued on the basis that he was and is the alter-ego of Grand Bell.
Settlement Discussions
According To The Plaintiff: The plaintiff Kohap demanded $10 million; the defendant offered $1 million.
Result
According To The Plaintiff: During trial, Grand Bell Inc., dismissed its cross-complaint against Kohap Ltd. On Nov. 5, 2003, the jury returned its verdict. On Nov. 6, 2003, the alter ego portion of the trial commenced. By stipulation, that portion of the trial was presented to the court sitting without a jury. On Dec. 23, 2003, Judge David L. Minning issued his Statement of Decision as to the alter ego portion of the trial. Judge Minning ruled that defendant Peter Oh, did act as the alter ego of Grand Bell.
Other Information
According To The Plaintiff: Kohap successfully moved to add prejudgment interest to the judgment rendered in this matter. A mediation was held before retired Judge Robert M. Letteau with ADR Services. The mediation did not result in a settlement and the matter proceeded to trial.
Deliberation
1.5 days
Poll
11-1 (in favor of plaintiff/cross-defendant)
Length
eight days
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