The complaint was filed by P&A Corporation against Kim Young Sik or Ace Pool Ball.
In a prayer for relief, the plaintiff has asked the court to enter judgment against the defendant for $4,892, representing the value of the unaccounted cards, and for punitive damages in an amount to be proven at trial for the defendant’s “reckless or gross negligent conduct” which led to P&A’s loss of the EZ-TEL phone cards, as well as the costs of suit.
The plaintiff, through attorney Mark B. Hanson, said it began selling phone cards in July 2007 under the business name EZ-TEL.
Hanson said the plaintiff sold pre-paid, long distance phone cards on Saipan.
According to the complaint, the defendant entered into an agreement with the plaintiff to sell phone cards valued at $5 and $10 for a commission.
The plaintiff said it provided phone cards to the defendant from July 2007 to Jan. 2008, and the defendant would report to the plaintiff the phone card inventory at the end of each month.
In the middle of Jan. 2008, the plaintiff decided to sell phone cards directly and terminated its agreement with the defendant.
P&A requested the defendant to return all unsold cards but the defendant could not account for 383 cards valued at $5 each, and 420 pieces of $10 phone cards, all totaling $4,892.
Hanson said as part of the contract, the plaintiff was required to account for and remit payments of the phone cards to the plaintiff.
The plaintiff has filed five claims for relief — for breach of agency contract, breach of bailment contract for failing to return the 803 phone cards upon demand, conversion, gross negligence, and negligence.
