Republic of the Philippines

11th Judicial Region

MUNICIPAL TRIAL COURT
Branch 21
Bansalan, Davao del Sur

GONG YOO BAE,

Plaintiff,
Civil Case No.: 001
- versus - For: Collection of Sum of
Money, Damages and Attorney’s Fees

LEE MIN WHO

Defendant.
x-------------------------------------------- /

COMPLAINT

Plaintiff, through counsel, and unto this Honorable Court, most

respectfully manifests:

PARTIES

1. Plaintiff GONG YOO BAE is a Filipino citizen, of legal age,

married and residing at Camias Street, Bansalan, Davao del Sur.
where he may be served with court processes, motions, and decision;

2. Defendant LEE MIN WHO is a Filipino citizen, of legal age, and

residing at Kilometer 69, Barangay Managa, Bansalan, Davao
del Sur, Philippines where he may be served with summons and
other court processes;

3. That on December 25, 2017, defendant executed a promissory

note in favor of the plaintiff in the amount of TWO HUNDRED
TWENTY THOUSAND PESOS (P 220,000.00) payable within 30 days

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from the date of the promissory note (attached as “ANNEX A”)
which reads as follows:

Bansalan,Davao del Sur, Philippines

25 December 2017

I promise to pay GONG YOO BAE the sum of

P220,000.00 or order within 30 days from this date.

LEE MIN WHO

4. That the 30-day period had elapsed and despite demands

made orally and in writing (attached as “ANNEX B”) by the
plaintiff, defendant refused and failed to pay the amount stated in
the promissory note.

5. Due to the obstinate refusal of the defendants to face

plaintiff and settle their loan obligation, plaintiff was constrained to
institute the present Complaint.

CAUSES OF ACTION

6. Based on records, defendants’ obligation became due and

demandable on 25 January 2018;

7. By reason of defendant’s unreasonable failure or refusal to

return the money loaned from plaintiff, plaintiff was compelled to
engage the services of counsel to vindicate its rights, thereby
committing him to pay ATTORNEY’S FEES amounting to FIFTY
THOUSAND PESOS (P50, 000.00) plus APPEARANCE FEE in the
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amount of Two Thousand Pesos (PHP 2,000) per hearing.
Counsel is likewise entitled to ten (10%) of the principal
obligation should judgment be rendered in favor of plaintiff.

8. Plaintiff is expected to incur cost of the suit.

PRAYER

IN THE INTEREST OF JUSTICE, EQUITY AND FAIRNESS,

plaintiff respectfully prays that judgment be rendered ordering the
defendants to pay:

1. The sum of TWO HUNDRED TWENTY THOUSAND PESOS

(P 220,000.00), with legal interest, as ACTUAL DAMAGES
from the filing of the present suit;

2. The amount of FIFTY THOUSAND PESOS (P50, 000.00) as

Attorney’s Fees plus Appearance Fee of PHP 2,000 per
hearing and ten (10%) of the principal obligation.

3. Cost of the suit.

Plaintiff prays for such other relief as may be deemed just and
equitable under the premises.

RESPECTFULLY SUBMITTED, this 30th of April 2018, at

Bansalan, Davao del Sur, Philippines.

EMBODO LAW OFFICE

Counsel for the Plaintiff
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 143 Ramon Revilla Street
Bansalan, Davao del Sur
Office Contact Nos. +63-922-788-9087 (SUN);
+63-908-555-6666 (SMART);
+63-917-234-1234 (GLOBE/TM)
Email Address: embodolawoffice@yahoo.com

By:

DOMINIC E. EMBODO,MBA
PTR No. 4569519; 01/02/2015
IBP No. 924910; 12/16/2015 (for 2016)
Davao del Sur Chapter
Roll of Attorneys No. 34567
TIN 2378-000-980
MCLE Compliance No. IV-0000367
Issued on 04 November 2015

VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

I, GONG YOO BAE , of legal age, Filipino, married and

residing at Camias Street, Bansalan, Davao del Sur, after having been
duly sworn to in accordance with law, do hereby depose and say:

1. That I am the Plaintiff in this case;

2. That I have caused the preparation of the above complaint;

3. That I have read and understood all the contents thereof;

4. That the same are true and correct to the best of my personal
knowledge and based on authentic records;

5. That I have not commenced or filed any action or proceeding

involving the same issues as in this case at bench in any branches of
this Court, or any other courts and other tribunal or agency
whatsoever and to the best of my knowledge, no such action or
proceeding is instituted nor have been pending in the Supreme Court,
Court of Appeals or other different divisions thereof, or any other
tribunal or agency thereof;

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6. That if I would thereafter learned that similar action or proceeding
has been pending before the Supreme Court or any other courts or
tribunal thereof, then I will inform this court within five days from the
knowledge of the same.

In witness hereof, I have hereunto set my hands this April 30,

2018 at Bansalan, Davao del Sur, Philippines.

GONG YOO BAE

Affiant
SSS No. 57400183687

SUBSCRIBED AND SWORN TO before me this 30th of April

2018, at Bansalan, Davao del Sur, Philippines, affiant exhibiting to me
her valid identification No. as above indicated.

DOMINIC E. EMBODO,MBA
PTR No. 4569519; 01/02/2015
IBP No. 924910; 12/16/2015 (for 2016)
Davao del Sur Chapter
Roll of Attorneys No. 34567
TIN 2378-000-980
MCLE Compliance No. IV-0000367
Issued on 04 November 2015

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