By Cherrie Anne E. Villahermosa
Variety News Staff

THE Superior Court has ruled that the estate of Soledad T. Ogumoro should receive $53,950.49 in consequential damages and attorney fees from its former tenant who was sued for nonpayment of rent.
Associate Judge Juan T. Lizama in an order on Tuesday, granted the estate’s request for attorney fees and consequential fees claim against Han Yoon Ko.
Lizama awarded the estate of Ogumoro attorney fees in the amount of $5,475 incurred by Perry Inos when he represented the estate, and the estate’s request for consequential fees amounting to $48,475.49.
Lizama also granted the estate’s claim for unpaid rent against Han Yoon Ko in the amount of $4,827.16.
Ko argued that he is not liable since he did not sign the lease, and since attorney fee clauses do not run with the land.
But the court said it does.
Lizama said he will assess attorney fees against Ko although no itemized bill was submitted by attorney Inos.
Still, Lizama said the court takes notice of the work Inos performed in securing the initial judgment against Ko.
Lizama said the court finds that the amount requested reasonably reflects the amount of time Inos appears to have invested in this matter.
Regarding the estate’s claim for unpaid rent amounting to $4,827.16, including $27.16 in interest, the judge said the request conforms to the court’s order granting in part the estate’s motion for summary judgment on the issue of damages.
Lizama likewise said the request for consequential fees in the amount of $48,475.49 is reasonable.
Ko argued that these damages were not foreseeable and the estate failed to mitigate them.
The judge said the potential value of Ko’s payments in 2004 was determined to be $119,386.97 while the value of sub-lessee Young Boo Jung’s payment in 2004 was $71,600.40.
The difference, Lizama said, is $47,786.57 or $48,475.49 with interest.
He said the court observes that the estate was able to mitigate damages by $71,600.40 which is the value of Jung’s payments in Feb. 2004.
On Nov. 16, 1994 Soledad T. Ogumoro agreed to lease lots to Jo Suk Kon and Jun Duk Soon for a term of 55 years.
On Aug. 25, 1995, Jo Suk Kon and Jun Duk Soon mortgaged their leasehold interest in the lots to Han Yoon Ko to secure a loan in the amount of $200,000.
The Jos failed to make the required monthly payment on the loan so Ko sued them to recover on the promissory note and foreclose the mortgages.
On March 13, 1997, Ko obtained a writ of execution against the Jos for $296,736.
Ko was allowed by the court to purchase the Jos’ leasehold interest in the lot for $25,000 on Aug. 19, 1997.
The rent due under the lease had been paid up to Nov. 30, 1998.
In Jan. 1999, Ko gave a check to Ogumoro in the amount of $6,000 to cover rent for Dec. 1998, Jan. 1999 and Feb. 1999.
On Oct. 29, 1999, Ogumoro sued Jo Suk Kon and Jun Duk Soon to terminate the lease based on non-payment of rent.
On Aug. 25, 2000, Ogumoro filed a motion seeking to add Ko in the lawsuit after she learned of Ko’s interest in the lot.
The court granted Ogumoro’s motion for a default judgment against Ko and Joo Suk Kon and Jun Duk Soon on Feb. 28, 2001.
The court found that Ko and the Jos were jointly and severally liable to Ogumoro for damages totaling $80,200 plus reasonable attorney fees.
On March 11, 2003, Ko filed the instant action against Ogumoro.
The hearing to determine the appropriateness of attorney fees and consequential damages claimed from Ko by the Ogumoro estate was heard on Dec. 19, 2006.