Legal Opinion
Swan Kang, Inc. v. Tae Sang Kang (Yi)
Court of Appeals of Georgia
Decided April 21, 2000No. A00A0378PublishedCited by 31 opinions
1Opinion of the Court
Ruffin, Judge.
Swan Kang, Inc. sued Tae Sang Kang (Yi) for breach of a contract to purchase a liquor store. Swan Kang claimed that Yi owed it $20,000 in liquidated damages under the contract, as well as attor ney fees under OCGA § 13-6-11. The trial court granted summary judgment to Yi on the ground that the liquidated damages provision in the contract was an unenforceable penalty. We disagree and reverse.
To prevail on summary judgment, a defendant must show that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the plaintiff,…
2Cases cited16 opinions
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- Crawford v. VernerSupreme Court of Georgia · 1905
- Liberty Life Insurance Company v. Thomas B. Hartley Construction Company Inc.Supreme Court of Georgia · 1989
- Gill v. B & R International, Inc.Court of Appeals of Georgia · 1998
- Plantation Land Co. v. BradshawSupreme Court of Georgia · 1974
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hendon Properties, LLC v. Cinema Development, LLCCourt of Appeals of Georgia · 2005
- Abellera v. WilliamsonSupreme Court of Georgia · 2001
- Williamson v. Harvey Smith, Inc.Court of Appeals of Georgia · 2000
- Telescripps Cable Co. v. WelshCourt of Appeals of Georgia · 2000
- Bulloch South, Inc. v. GosaiCourt of Appeals of Georgia · 2001
26 more not listed; retrieve them via the Exa API.