This Settlement Agreement (the “Settlement Agreement”) is made and entered into by and between Jeungsando of America, Inc. (“Jeungsando of America”), a religious corporation, Myung Sun Yoo (“Yoo”), Jae Nam Kim (“Kim”) and Jae Sung Chung (“Chung”) (collectively “Plaintiffs”), on the one hand, and Karys Dalsook Ma (“Ma”), and Un Sook Park (“Park”) (collectively “Defendants”), on the other hand.  Plaintiffs and Defendants are sometimes referred to collectively as the “Parties” and referred to individually as a “Party.”  

 

WHEREAS, on or about November 9, 2015, Jeungsando of America and Yoo filed a lawsuit against Ma and Park in the United States District Court for the Eastern District of New York, Case No. CV 15-6400-CBA-VMS, alleging claims for defamation, copyright infringement, under the Digital Millennial Copyright Act, prima facie tort, civil conspiracy, under the Enforcement Act (Civil Rights Act) of 1871; full faith and credit, res judicata, and collateral estoppel for decisions of the Supreme Court of the Republic of Korea and the Seoul Central District Court of the Republic of Korea, under the New York State Constitution Bill of Rights and injunctive relief (the “New York Action”);

 

WHEREAS, on or about June 30, 2016, Ma filed a lawsuit against Joong Kun Ahn, Jeungsando (a Korean religious organization (“Jeungsando”)), Kim, Chung and Jong Sung Lee, Hyung Sung Kim, Kyung Hee Lee, Seok Kim, Kiyong Kim, Myung Sun Yoo, and Does 1-50, in the Superior Court of the State of California for the County of Los Angeles, Case No. BC625692, alleging claims for slander and libel, defamation, intentional infliction of emotional distress, civil conspiracy, declarative relief, and false accusation (the “California Action”);

 

WHEREAS, on May 24, 2017, the Court in the California Action sustained Ho Jin Chung’s demurrer without leave to amend, and dismissed the entire action as against Ho Jin Chung;

 

WHEREAS, on December 14, 2017, the Court in the California Action granted Kim and Chung’s Special Motion to Strike pursuant to Code of Civil Procedure Section 425.16, and denied Kim and Chung’s request for attorneys’ fees without prejudice;

 

 

WHEREAS, the Parties hereto wish to forever discharge and release all claims, demands, liabilities, and causes of action between them, including the New York Action, California Action, and Korea Action (collectively the “Actions”);

 

            NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants set forth herein, the Parties agree as follows:

 

 

 

a.         the Parties will cause the New York Action and the California Action to be dismissed with prejudice; and

 

b.         Jeungsando of America and its affiliates will cause Ma and Park to be dismissed with prejudice from the Korean Actions, to the extent such dismissal is under its control. 

 

 

a.         Plaintiffs shall not disparage Defendants, including, without limitation, by  making, assisting, participating in, or publishing statements (including, without limitation, oral or written statements, internet or social media postings) that defame, impugn, or are otherwise derogatory about any of them, now or in the future.  

 

b.         Defendants shall not disparage Plaintiffs or their known affiliates, officers and directors, including Jeungsando (a Korean religious organization), Joong Kun Ahn,  Jong Sung Lee, Hyung Sung Kim, Kyung Hee Lee, Seok Kim, Kiyong Kim, and Myung Sun Yoo, including, without limitation, by making, assisting, participating in, or publishing statements (including, without limitation, oral or written statements, internet or social media postings) that defame, impugn, or are otherwise derogatory about any of them, now or in the future.  Defendants specifically agree to immediately cease hosting, assisting, creating, operating and/or publishing, and refrain from hosting, assisting, creating, operating and/or publishing in the future, any internet website, blog, or other social media posting that contains statements that disparage Plaintiffs (regardless of whether such statements are authored by Defendants or re-published by Defendants).

 

c.         To effectuate the non-disparagement agreement and to prevent confusion among the public as to who operates the website http://www.jeungsandoamerica.com, Ma agrees to take down the website http://www.jeungsandoamerica.com and to forego the use of the URL http://www.jeungsandoamerica.com now and in the future.

 

 

 

 

                        a.         As a part of this Agreement, the Parties shall execute a Stipulation and [Proposed] Order for Permanent Injunction and Judgment, in the precise form attached as Exhibit 1 (the “Stipulated Injunction and Judgment”).

 

                        b.         If Jeungsando of America receives or obtains information, reflected in admissible evidence, indicating that Ma is in violation of any of the terms of Section 3 of this Settlement Agreement, Jeungsando of America shall give notice of the alleged breach to the Defendant pursuant to the provisions of Section 12 below.  Ma shall have ten (10) days from receipt of the notice to explain or otherwise cure any alleged breach of the Settlement Agreement.  If after the ten (10) day cure period, Ma has not cured or otherwise explained the alleged breach to Jeungsando of America’s satisfaction, Jeungsando of America shall be entitled to immediately file and seek entry of the Stipulated Injunction and Judgment, in whole or part, in the Superior Court for the County of Los Angeles, California by filing the Stipulated Injunction and Judgment.  Defendants reserve the right to contest any alleged breach of the Settlement Agreement, but shall not oppose the form of or relief sought by the Stipulated Injunction and Judgment if a breach of the Settlement Agreement is approved. 

 

                        c.         The Stipulated Injunction and Judgment shall provide for a $36,000 monetary judgment against Ma for violation of the terms of Section 3 of this Settlement Agreement, and reasonable costs and attorneys’ fees.  The reasonableness of the monetary judgment specified herein has been determined by taking into account the circumstances existing at the time of the Effective Date, including the order granting the Special Motion to Strike in the California Litigation.  The Parties agree that they have been represented by counsel in negotiating and effecting this Settlement Agreement, and the parties agree that the amounts specified herein are in all respects fair, reasonable, and proportional.

 

                        d.         For purposes of filing or seeking entry of the Stipulated Injunction and Judgment, or for any subsequent litigation related to this Settlement Agreement, the Parties hereby irrevocably submit to the exclusive jurisdiction of the Superior Court of California for Los Angeles County.  The Parties agree that notwithstanding any confidentiality provision of this Settlement Agreement, they may disclose the terms of this Settlement Agreement to the Court for any subsequent litigation.  The prevailing party in any subsequent litigation related to this Settlement Agreement shall be entitled to recover all attorney’s fees and costs incurred in such subsequent litigation, and may immediately seek any other legal and equitable remedies available to them for any violation of this Settlement Agreement.

 

 

 

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

            The Parties expressly waive and relinquish any right or benefit which they have or may have under Section 1542 of the California Civil Code and under any other statute or legal principle with similar effect.

 

            In connection with such waiver and relinquishment, the Parties acknowledge that they are aware that, after executing this Settlement Agreement, the Parties or the Parties’ attorneys or agents may discover Released Claims or facts in addition to, or different from, those which they now know or believe to exist with respect to the subject matter of this Settlement Agreement or the Parties hereto, but that it is the Parties’ intention hereby to fully, finally, and forever settle and release all of the Released Claims, whether known or unknown, suspected or unsuspected, which now exist, may exist, or heretofore may have existed among them.  In furtherance of this intention, the releases herein given shall be, and remain in effect as, full and complete releases notwithstanding the discovery or existence of any such additional or different claim or fact.

 

            Notwithstanding anything to the contrary in the settlement terms, such releases shall not release any Party from any obligations under this Settlement Agreement.  Nothing in this Settlement Agreement is intended or shall be construed as a release of any future claim relating to conduct after the Effective Date. 

 

 

 

 

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            IN WITNESS WHEREOF, the Parties hereto have executed this Settlement Agreement.

 

Dated: January __, 2018                   Jeungsando of America, Inc.

 

                                                By: ___________________________________

                                                            Name:           
                                                            Title:           

 

 

Dated: January __, 2018                     Myung Sun Yoo

 

                                                ___________________________________

 

 

                                                ___________________________________

 

 

 

                                                ___________________________________

                                                           

Dated: January __, 2018                     Karys Dalsook Ma

 

                                                ___________________________________

 

Dated: January __, 2018                     Un Sook Park

 

                                                ___________________________________

                                                           

                                                           

 

 

Dated: January __, 2018                     Bird, Marella, Boxer, Wolpert, Nessim,                                                                                       Drooks, Lincenberg & Rhow, P.C.

 

                                    By: ___________________________________

                                                Paul Chan

                                           Attorneys for Jeungsando of America, Inc., Myung Sun Yoo, Jae Nam Kim, and Jae Sung Chung

 

 

Dated: January __, 2018 Dahiya Law Offices LLC

 

                                    By: ___________________________________

                                                Karamvir Dahiya

                                           Attorneys for Karys Dalsook Ma and Un Sook Park