Kyu Choon On v. Seokjun Hong (In re Seokjun Hong)

496 B.R. 880
CourtUnited States Bankruptcy Court, N.D. Illinois
DecidedJuly 17, 2013
DocketBankruptcy No. 12 B 13866; Adversary No. 12 A 1220
StatusPublished
Cited by1 cases

This text of 496 B.R. 880 (Kyu Choon On v. Seokjun Hong (In re Seokjun Hong)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kyu Choon On v. Seokjun Hong (In re Seokjun Hong), 496 B.R. 880 (Ill. 2013).

Opinion

MEMORANDUM OPINION

PAMELA S. HOLLIS, Bankruptcy Judge.

This matter comes before the court following trial on the complaint filed by Plaintiff Kyu Choon On against Defendant Seokjun Hong. On seeks a finding that the debt Hong owes to him is nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The court heard the arguments of the parties, received exhibits into evidence and took testimony from three witnesses: On, Hong and their landlord, Grant Fujisawa. An oral ruling was made at the conclusion of trial, and this Memorandum Opinion memorializes that ruling. To the extent there is any inconsistency with the oral [882]*882ruling, the findings of fact and conclusions of law stated in this Memorandum Opinion govern.

As stated in open court and for the reasons stated below, the court hereby finds that the portion of Hong’s debt to On which is attributable to the conversion of dry cleaning equipment and customers is nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The remaining portion of Hong’s debt to On is discharged.

FINDINGS OF FACT

In 1992, Kyu Choon On purchased a dry cleaning business at 1132 West Thorndale Avenue in Chicago. The $70,000 purchase price did not include the real estate, which he leased from Grant Fujisawa, but did include dry cleaning equipment, retail walk-in customers and “drop-off service” customers. The “drop-off service” customers were storefronts without dry cleaning equipment of their own. In 1999, On incorporated the business as Dove East Cleaners.

In 2001, On paid $35,000 for the purchase and installation of new dry cleaning equipment. He obtained an installation permit from the City of Chicago. Plaintiffs Exhibit F.

According to Fujisawa, On was not a good tenant and they had a poor business relationship. On was often late with the rent and caused extensive damage to the property. At one point, On took out part of the storefront without asking permission and never repaired it. He also cut a roof joist without permission, leading to a near-collapse of the roof. Despite these problems, Fujisawa never filed a forcible detainer action seeking to evict On. He did serve a demand for rent in the amount of $4,200 on both On and Dove East Cleaners on January 7, 2006. Plaintiffs Exhibit H.

By 2006, On was ready to get out of the dry cleaning business and tried to sell it, but with no success. He executed a sale agreement with another party for $100,000, but had difficulty transferring the business license because of zoning issues. On placed an advertisement in the newspaper, looking for a manager. Hong wanted to learn about the dry cleaning business, so in or about May 2007, he answered the ad. Hong spent the next two months training with On.

On and Hong then negotiated a “Trust Management Agreement,” first committing the terms to paper in Korean. On hired a lawyer to prepare the document in English, and both men signed it on July 28, 2007. Plaintiffs Exhibit A. According to the Trust Management Agreement, Hong would give On a $5,000 deposit, pay him $1,300 each month1 and manage the dry cleaning business, keeping all profits after expenses.

Hong testified that he paid more than $5,000 for the deposit, although he did not name a different amount. Hong made some but not all of the $1,300 monthly payments.

According to Hong, about six months after signing the Trust Management Agreement, he learned that On did not own the real estate where Dove East [883]*883Cleaners operated. Fujisawa asked Hong why he paid $1,300 each month to On if On was not the owner. Hong stated, “That would be too much between two Koreans.” In other words, Hong wanted to continue to have a good relationship with On. When Hong told On about the conversation with Fujisawa, On told him not to enter into any leases with Fujisawa. Nevertheless, Hong reminded On twice more that he should sign a lease with Fujisawa.

Hong was responsible for paying the business expenses for Dove East Cleaners. After signing the Trust Management Agreement, the parties went to MB Financial and On added him to the business bank account. Plaintiff’s Exhibit D.

The parties orally agreed that Hong would collect all accounts receivable owing from drop-off customers and pay On the amount attributable to work done prior to July 28, 2007.2 The drop-off customers were billed approximately a week in arrears. Hong paid some of the accounts receivable owed to On, but not all of the amounts due. On reviewed his account records, Plaintiffs Exhibit I, and testified that Hong still owed him approximately $15,000 on account of these receivables.

The Trust Management Agreement expired after three years, on July 28, 2010. Hong and On discussed extending it, although no written agreement was executed, as would have been required for an extension. On asked Hong to take the business over, but things were slow and Hong was not sure what he wanted to do. Hong continued to operate Dove East Cleaners, however, despite the expiration of the Trust Management Agreement.

Hong testified that he believed Fujisawa owned the business after the agreement expired. Fujisawa told him so, and “I checked it and that was right.” When asked how he checked the ownership, Hong testified, “I made some inquiries through my acquaintances or accountants.” Hong initially refused to provide the names of these acquaintances, but finally answered the question after direct instruction from the court, providing the names Sohn Koh and Hwang Kim. Hong asked Koh and Kim about the effect of On not having a lease with Fujisawa, and they told him that Fujisawa owned the business. Neither Koh nor Kim appeared in court to corroborate Hong’s testimony.

Even though Hong apparently believed that Fujisawa was the owner of Dove East Cleaners, he continued to give money to On. When On stopped by three or four times each month, Hong gave him all the cash he had on hand.

In early 2011, a concern arose that pushed the issue of ownership back to the front burner. Dove East Cleaners had the opportunity for remediation work to be performed. Although the testimony on this point was somewhat vague, it appears that after waiting in a lengthy queue, operators of dry cleaning businesses can pay a $15,000 deductible toward an environmental cleanup of their premises. Hong encouraged On to do the cleanup, and On told him to shut up and just manage the business.

At the Ons’ request, Hong went to Mrs. On’s business after work one day at the end of March. He wanted On to pay for the remediation, and to settle the future of the business. On told Hong that he would take Dove East Cleaners back if he had to pay for the cleanup himself. Hong eventually agreed to buy the business for $15,000, plus $15,000 for the unpaid accounts receivable from pre-July 28, 2007 drop-off customers, and $20,000 in “back rent,” represented by the $1,300 monthly fee. On [884]*884set a deadline for payment of April 30, 2011.

Hong testified that he asked the Ons what would happen to his deposit, and On told him that because the deposit money had been earned while working at Dove East Cleaners, it belonged to the business. All the payments Hong made to On were cash payments, so he had no proof the payments were ever made.

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Cite This Page — Counsel Stack

Bluebook (online)
496 B.R. 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kyu-choon-on-v-seokjun-hong-in-re-seokjun-hong-ilnb-2013.