Opinion
Case No. 8:14-cv-01900-JVS
09-23-2016
APPLIED MEDICAL DISTRIBUTION CORPORATION, a California corporation, Plaintiff, v. AH SUNG INTERNATIONAL, INC., a South Korean corporation, EUN KYOO CHOI, an individual, BUM SIK PARK, an individual, Defendant. AH SUNG INTERNATIONAL, INC., Counterclaimant, v. APPLIED MEDICAL DISTRIBUTION CORPORATION, Counter-defendant.
Richard Grabowski (State Bar No. 125666) rgrabowski@jonesday.com Steven M. Zadravecz (State Bar No. 185676) szadravecz@jonesday.com Edward S. Chang (State Bar No. 241682) echang@jonesday.com JONES DAY 3161 Michelson Drive, Suite 800 Irvine, CA 92612.4408 Telephone: +1.949.851.3939 Facsimile: +1.949.553.7539 Attorneys for Plaintiff/Counter-Defendant APPLIED MEDICAL DISTRIBUTION CORPORATION
Richard Grabowski (State Bar No. 125666)
rgrabowski@jonesday.com
Steven M. Zadravecz (State Bar No. 185676)
szadravecz@jonesday.com
Edward S. Chang (State Bar No. 241682)
echang@jonesday.com
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Telephone: +1.949.851.3939
Facsimile: +1.949.553.7539 Attorneys for Plaintiff/Counter-Defendant
APPLIED MEDICAL DISTRIBUTION
CORPORATION
FINAL JUDGMENT
Complaint Filed: Dec. 2, 2014 [The Honorable James V. Selna]
TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
The Court, having read and considered Plaintiff and Counter-Defendant Applied Medical Distribution Corporation's ("AMDC") motion for terminating sanctions against Ah Sung International, Inc. ("Ah Sung") (Dkt. No. 151), AMDC's motion for default judgment against Defendants Eun Kyoo Choi ("Choi") and Bum Sik Park ("Park") (Dkt. No. 192), and AMDC's application for an award of damages on default judgment against Defendants Ah Sung, Choi, and Park (collectively, "Defendants") (Dkt. No. 185), and after hearing oral argument from the parties on these matters, the Court GRANTS AMDC's motion for terminating sanctions against Ah Sung, GRANTS the motion for default judgment against Choi and Park, and GRANTS AMDC's application for damages. The Court hereby enters the following Orders and Judgment:
1. Default judgment is entered against Defendants and in favor of AMDC on AMDC's claims in the First Amended Complaint (see Dkt. No. 60).
2. Defendant Ah Sung's counterclaims are dismissed with prejudice.
3. Defendants Ah Sung and Choi are jointly and severally ordered to pay damages to AMDC on AMDC's breach of contract, breach of the covenant of good faith and fair dealing, and intentional interference claims in the total amount of $18,445,846.55, which includes lost profits, out-of-pocket expenses, and pre-judgment interest at a rate of 10% per annum (see Dkt. No. 197 pp. 2-5), plus post-judgment interest at a rate of 0.61% per annum.
4. Defendants Ah Sung and Choi are jointly and severally ordered to pay AMDC's attorneys' fees, expert fees, and costs in the total amount of $1,466,205.86 (see Dkt. No. 197 pp. 7-8), plus post-judgment interest at a rate of 0.61% per annum.
5. Defendants Ah Sung, Choi, and Park are jointly and severally ordered to pay damages to AMDC on AMDC's fraud, promissory fraud, and negligent misrepresentation claims in the total amount of $13,440,684.21, which includes pre-judgment interest at a rate of 7% per annum (see Dkt. No. 197 p. 5), plus post-judgment interest at 0.61% per annum.
6. Ah Sung (also known as Ah Sung Trading Co., Ah Sung Yang Haeng Co. Ltd., Ah Sung Yang Haeng Ju Sik Hae Sa, or, in Korean characters, 아성양행 주식회사) (collectively, "Ah Sung"), and any and all of its officers, directors, agents, servants, employees, attorneys, and any and all other persons who are in active concert or participation with any of Ah Sung's officers, directors, agents, servants, employees and attorneys (collectively, the "Enjoined Parties"), are permanently enjoined from pursuing any form of judicial relief in South Korea against AMDC for any and all claims arising out of or relating to the parties' 2010 Distribution Agreement (the "Agreement"), including in the currently pending action in the Seoul Southern District Court, South Korea, Case No. 2016 가합 104303. The Enjoined Parties are further permanently enjoined from filing any new actions against AMDC for any and all claims arising out of or relating to the Agreement in any forum other than in California under California law.
7. The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Judgment.
8. The Court finds there is no just reason for delay in entering this Judgment and, pursuant to Fed. R. Civ. P. 54(a), the Court directs immediate entry of this Judgment.
IT IS SO ORDERED. Dated: September 23, 2016
/s/_________
THE HON. JAMES V. SELNA
United State District Judge