Opinion
1:21-cv-06323
01-28-2022
BUMKOO INDUSTRIAL CO., LTD, Plaintiff, v. CROWN BRANDS LLC dba Oneida Hospitality Group, and THE ONEIDA GROUP INC., Defendants.
AFFIDAVIT OF PETER KIM IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT
Robert M. Dow, Judge
AFFIDAVIT OF PETER KIM
I, Peter Kim, declare under penalty of perjury that the following facts are true and correct, based on my personal knowledge:
1. I am the President and Chief Executive Officer of Bumkoo Industrial Co., Ltd (“Bumkoo”), the Plaintiff in this lawsuit.
2. I have personal knowledge and am familiar with the account for the Defendant, Crown Brands LLC dba Oneida Hospitality Group (“Crown”), including the orders that Crown placed to purchase Bumkoo goods; the goods that Bumkoo shipped to fulfill those orders; the deposits that Crown paid for the Bumkoo goods; the remaining balance Crown owes Bumkoo for the shipped goods; the storage and demurrage port fees incurred when Crown failed to accept the shipped goods; the cost of materials purchased and products manufactured to fulfill Crown's remaining, unshipped orders; and Bumkoo's mitigating efforts to reallocate the materials purchased and products manufactured to fulfill Crown's remaining, unshipped orders.
3. Crown has failed to make all payments to Bumkoo for the shipped goods it agreed to purchase; the current amount remaining due from Crown for the shipped goods is $248,214.54. See Exhibit A (tabulation of invoices, deposits, and amounts due), attached hereto.
4. Crown has never disputed or objected to this amount due.
5. Bumkoo prepared inventory and raw materials to fulfill Crown's remaining, unshipped orders. As of this date, Bumkoo has reallocated most of this inventory, using it to fulfill other customer orders; the current amount still due from Crown for the remaining inventory prepared to fulfill Crown's unshipped orders, which Bumkoo has been unable to reallocate for other purposes, is $35,723.73. See Exhibit B (tabulation of remaining inventory and reallocation costs), attached hereto.
6. Because Crown did not pay the remaining balance owed for the shipped goods, Bumkoo did not telex release these goods to Crown per the contract terms, and the freight forwarder was unable to release the goods, causing the shipped containers to incur daily storage and demurrage port fees. Although Crown is responsible for paying these demurrage and storage port fees, the freight forwarder has threatened to make a claim against Bumkoo if Crown does not pay its storage and demurrer fees.
7. Bumkoo attempted to resolve this issue by sending Crown multiple Notice and Demand letters, notifying Crown of its delinquent payment and Bumkoo not telex releasing the goods; this resulting in demurrage and storage fees owed by Crown. See Exhibit C (Bumkoo's Notice and Demand letters to Crown), attached hereto.
8. On or about October 7, 2021, Crown President Bryan O'Rourke verbally informed me that Crown would pay Bumkoo the outstanding payment. On or around October 11, 2021, Mr. O'Rourke emailed me, stating “I want to resolve an (sic) move on. We as a company misjudged the situation on Fright/COGS (sic), I am Sorry… As stated, I want to resolve, shortly.” After waiting two additional weeks without receiving any payment from Crown, Bumkoo sent another Notice and Demand letter to Crown. See Exhibit C. Crown did not respond. After filing this current action against Crown, I attempted to mitigate Bumkoo's damages by contacting the two different freight forwarders, writing that I sought to find a solution to “recoup costs, as much as possible.” After multiple attempts to connect with the freight forwarders, the freight forwarder holding two containers informed me that the containers were designated as abandoned, and Bumkoo would be unable to retrieve its goods. The other freight forwarder holding seven containers stated they were trying to resolve this matter with Crown.
9. In total, the current amount remaining due from Crown for the (1) shipped goods and (2) remaining inventory prepared to fulfill Crown's unshipped orders is $283,938.27. See Exhibit D (tabulation of damages from Exhibit A and Exhibit B), attached hereto.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.