COMPLAINT
Pursuant to the agreement, KIM authorized LENA to act as KIM’s agent to locate and purchase
an Olympic caliber horse for KIM and, in consideration for such work, KIM agreed to pay
LENA a commission of 10% of the sale price upon KIM’s purchase of a horse.
unaware, named Bukowski. LENA worked on KIM’s behalf while he reviewed, considered,
inspected, tried and ultimately purchased, Bukowski. KIM completed the purchase of Bukowski
equivalent of approximately $1,774,000 US Dollars) for Bukowski.
which is presently equivalent to approximately $177,000.00 US Dollars.
$15,000.00, exclusive of interest and attorney’s fees.
accrued in Palm Beach County, because the contract lies in Palm Beach County, because venue
privileges do not apply to KIM, who is a non-resident, and because this Court has personal
jurisdiction over KIM, a non-resident defendant.
(18) years, and is otherwise sui juris.
is a citizen of Korea, and a resident of the State of New Hampshire.
instructor by the United States Dressage Federation, and has coached numerous riders, and
trained numerous horses, that have competed at the highest levels of the sport around the world.
LENA also serves as an agent for the sale and purchase of dressage and jumping horses that
compete at the highest international levels, including, but not limited to, The Olympics.
resides in Palm Beach County Florida, which is the headquarters of her equestrian business. In
the winter months, Palm Beach County, and more specifically Wellington, is the world’s main
competitions in which Olympic hopefuls compete.
out LENA’s counsel during KIM’s 2011 search for an international level dressage horse.
Kim Seung-youn. KIM rides for a dressage team sponsored by Hanwha Galleria, a company that
operates luxury department stores.
competitions.
Olympics. LENA and KIM spoke by telephone and negotiated an agreement whereby LENA
was to act as KIM’s authorized agent. KIM solicited LENA’s services, and these conversations
occurred, while LENA was in Palm Beach County, Florida.
Palm Beach County was LENA’s main place of business.
Beach County, and throughout the world.
consideration for such efforts KIM was required to pay LENA a commission upon KIM’s
purchase of the horse at the industry-standard rate often percent (10%) of the horse’s purchase
price. This commission was due to be paid to LENA in Palm Beach County, Florida.
effort to locate a suitable horse for KIM to purchase and one day ride in the Olympics for Korea.
communicating by phone and email from Palm Beach County with her contacts in Europe to
locate a suitable horse for KIM, and communicating by email and phone from Palm Beach
County with KIM about her efforts to find a suitable horse for KIM.
he desired to purchase. He cast a wide net for his search, stating by email sent to LENA in Palm
Beach County that “[he] would like to see any horse that has gotten 70% or higher in the Grand
Prix at CD!”, and that his “maximum budget is 1.5 million.”
horse for KIM. For example, LENA identified numerous horses that fit KIM’s qualifications,
sent him information and videos of the horses, and made arrangements for KIM to view and try
horses in various countries, including Sweden, Denmark and Germany.
and email while LENA was in Palm Beach County, and as she traveled throughout Europe and
South America in search of horses for KIM and other clients.
with her about the horses’ prices, abilities and future prospects.
horses, LENA sent KIM an email stating,”! will also send you a video of another G[rand] P[rix]
Commissions are included on all the prices.” LENA was referring to the horse named Bukowski
when she was explaining the Grand Prix horse in the same stable as Wie Atlantica.
Bukowski had ever been brought to KIM’s attention.
been completely unaware of the existence of Bukowski.
communication to KIM that she had identified Bukowski as a suitable horse for KIM.
that he “did not receive info” regarding Bukowski “from other dealers.”
September 14, 20 II email that, although he found a cheap, novice horse that he could purchase
instead, “from the videos bukowski is my favorite so i must see him.”
2011. LENA made and coordinated the arrangements for KIM to make this trip and try
Bukowoski.
2011, asking, “Lena, what is the best price you can do for me on bukowski. Let me know”.
KIM to make an offer for Bukowski, following which LENA and KIM exchanged a series of
emails concerning the price that KIM could and would ultimately pay for Bukowski.
another horse” but then recanted and told LENA that he “can offer I .2max for” Bukowski.
that “It is going to work out. Anders [Dahl] will contact u directly and the two of u can finish it
together.” Up until the October 9, 20I I email, LENA had participated in every step of the
negotiations for KIM’s purchase of Bukowski.
pay LENA her rightful and duly-earned commission, which was I 32,500 €.
KIM’S FAILURE TO PAY LENA’S COMMISSION
horse to KIM, KIM would pay LENA the industry-standard commission often percent (IO%) of
the purchase price of the horse, following KIM and Mr. Dahl’s final meeting regarding
Bukowski, KIM failed to pay LENA the agreed-upon commission, let alone any commission at
negotiated to purchase Bukowski from Mr. Dahl through LENA, KIM refuses to pay the
commission due to LENA in Palm Beach County.
LENA “helping [him] find a nice horse” KIM refuses to pay the commission due of ten percent
(10%) of the purchase price of Bukowski, which totals 132,500 € ..
not limited to in February 20I2 in the Wellington Dressage Sunshine Classic.
riding the horse in competitions in the United States.
winter of 2014.
forth herein.
brokerage agreement, pursuant to which:
(a) LENA agreed to expend time, energy, and the necessary finances for the purpose of
procuring a suitable horse for KIM to purchase; and
(b) KIM agreed to pay LENA the industry-standard commission of I 0% of the purchase
price upon KIM’s purchase of a horse.
searched for such a horse.
Bukowski to KIM’s attention.
date, time, and location.
wherein KIM and Bukowski’s owner met alone.
her commission.
amount of 132,500 €.
breach of contract implied in fact, and unjust enrichment.
and such other and further relief as this Court deems just and appropriate.
forth herein.
suitable horse for KIM to purchase.
understanding that LENA would be compensated for her services in the form of a commission
equivalent to ten percent (10%) of the purchase price of any horse that LENA procured for KIM.
LENA in consideration for LENA’s efforts in procuring a suitable horse for KIM to purchase.
performance of the material terms of the agreement.
industry-standard ten percent (I 0%) commission.
commission of ten percent (I 0%) of the purchase price of Bukowski, the horse that KIM
ultimately purchased for I ,325,000 €.
132,500 €.
her claims for breach of contract, and unjust enrichment.
implied in fact and such other and further relief as this Court deems just and appropriate.
though fully set forth herein.
the monies that he failed to pay to LENA for the commission that KIM owed to LENA for her
was procured through unlawful and deceptive means.
132,500 €.
breach of contract, and breach of contract implied in fact.
and such other and further relief as this Court deems just and appropriate.
WITES & KAPETAN, P.A.
Case Voluntarily Dismissed with Prejudice by Plaintiff
Dressage Trainer Sues for Alleged Non-Payment of $177K Commission