Preview
FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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YANGSIL KANG, individually and as a shareholder
on behalf of ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAYCARE CENTER, INC., Index No.: 707381/2019
Plaintiff,
-against- RESPONSE TO
PLAINTIFFS’ FIRST
SR HOMECARE OF NY INC., REQUEST FOR
EVERGREEN ADULT DAY CARE IN FLUSHING, INC., PRODUCTION OF
EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC., DOCUMENTS AND
EVERGREEN FLUSHING NEW YORK LLC, THINGS
EVERGREEN SENIOR DAY CARE CENTER, INC.,
EVERGREEN HOMECARE SERVICE OF NY, INC.,
BYUNGKI KOO a/k/a JAMES KOO and
HYUNGJONG KOO a/k/a TAMMY KOO,
Defendants,
ELIM HOME CARE AGENCY, LLC and
EVERGREEN ADULT DAY CARE CENTER, INC.,
Nominal Defendants.
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S I R /MADAM:
PLEASE TAKE NOTICE that the following are Responses by the Defendants to
Plaintiffs’ Demand for Production of Documents and Things. Defendants reserve the right to
supplement and amend its response to the demand. Any document provided hereunder shall not
be construed as an agreement or admission as to the relevance or admissibility of such document.
GENERAL OBJECTIONS
Defendants make the following general objections to the demands and each such general
objection shall be deemed incorporated in Defendants’ answer to each demand as if fully set
forth herein:
A. Defendants object to the demands to the extent that they are beyond the intended scope of
the Civil Practice Law and Rules.
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B. Defendants object to the demands to the extent that they are vague, unreasonably broad
and oppressive and impose an undue burden and expense upon Defendant.
C. Defendants object to the demands to the extent that they seek information not relevant to
the subject matter of this action and not reasonably calculated to lead to the discovery of
admissible evidence.
D. Defendants object to the demands to the extent that they call for information which may
be subject to privilege, including without limitation the attorney-client privilege, the
work-product doctrine, the joint defense doctrine, the common-interest doctrine, or any
other applicable privilege, law, rule, or immunity.
E. Defendants object to the demands to the extent that they may call for information which
constitutes attorney work product or material prepared in anticipation of litigation or for
trial.
F. Defendants object to the demands to the extent that they may call for information already
in Plaintiffs’ possession.
G. Defendants object to the demands to the extent that they seek the identification or
production of documents outside the Defendants’ possession, custody or control.
H. Defendants object to the demands to the extent they seek trade secrets, proprietary,
confidential, financial or commercially sensitive information, the disclosure of which
could negatively impact Defendants’ competitive or business position or result in a
breach by Defendants of an obligation to a third party to keep such information
confidential.
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RESPONSES TO SPECIFIC REQUESTS
1. Copies of the personnel records and files relating to or concerning the employment of
Plaintiff during the periods from January 1, 2015 to date and during which time periods she
participated in, was involved with and/or was employed by or with any one or more of the
following entities:
(a) Elim Home Care Agency, LLC
(b) Evergreen Senior Services, Inc.
(c) Evergreen Adult Day Care Center, Inc.
(d) Evergreen Senior Day Care Center, Inc.
(e) Evergreen Adult Care in Flushing, Inc.
(f) Evergreen J.S.C. Adult Day Care in NY, Inc.
(g) Evergreen Flushing New York LLC.
(h) Evergreen Homecare Service of NY, Inc.
(i) SR Homecare of NY, Inc.
Response: Defendants object to the demand to the extent that it is vague, unreasonably
broad and oppressive and imposes an undue burden and expense upon Defendants and to the
extent that it calls for information already in Plaintiffs’ possession and to the extent that it seeks
the identification or production of documents outside the Plaintiffs’ possession, custody or
control. Notwithstanding these objections and subject to these conditions, see the attached
documents.
2. Copies of any documents, whether or not included in response to Request No. 1,
describing Plaintiff’s various job duties, tasks, roles, obligations or responsibilities while
employed by or with any one or more of the entities identified in Request No. 1.
Response: Defendants object to this demand as overbroad, vague, and ambiguous.
3. Copies of any documents, whether or not contained in Plaintiff’s personnel records or
files, concerning, describing, reflecting or setting forth any inadequacies, shortcomings, failures,
omissions, errors or improper activity, behavior, actions, competence or performance by Plaintiff
while employed by or with any one or more of the entities identified in Request No. 1.
Response: Please see the attached documents.
4. Copies of any documents concerning, describing, reflecting or setting forth any actions,
steps, activities, failures or omissions, taken or attributable by Plaintiff while she was employed
by or with any one or more of the entities identified in Request No. 1 and which documents
involve or relate to Plaintiff allegedly having:
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a. Falsified or causing others to falsify time sheets,
b. Evaded or failing to comply with rules and regulations relating to or concerning the
payment of overtime and spread of hours compensation,
c. Failed to follow or adhere to the requirements, rules and regulations relating to or
concerning “wage parity,”
d. Caused any Defendant to violate any law or regulation relating to wages and payroll,
e. Concealed or taking money, revenue or income from any Defendant,
f. Caused any Defendant to incur any liability for unpaid wages, overtime or spread of
hours compensation,
g. Failed to cause various notices regarding wages and overtime to be given or placed,
h. Failed to comply with or observe any other law or regulation relating to payroll.
Response: Please see the attached documents.
5. (a) Copies of the pleadings in any and al individual or collective suits brought and
pending under the FLSA and/or New York State Labor Law by any former or current employees
of Defendants against any one or more Defendants in which the said suit or suits alleges,
charges, or describes various actions, violations of law, steps, activities, failures or omissions
committed or undertaken by any one or more Defendants in regard to the payment of wages,
overtime, spread of hours, posting of notices and related matters.
(b) Copies of any documents served or filed by any party or witness in or as part of any
of the foregoing suits which implicates, identifies, describes or involves specific actions,
inactions, roles, steps or omissions of Plaintiff with regard to the subject matter of the aforesaid
suits.
Response: Please see the attached documents.
6. Copies of the first page of the client, patient or customer billing and payment record,
sheet, chart or folder of each and every client or customer of Evergreen Senior Services, Inc., or
its successor, during the period from August 14, 2015 to May 31, 2017 who thereafter and during
the period from May 31, 2017 to May 31, 2021 became a client, patient or customer of
Evergreen Adult Day Care Center, Inc. and/or any Affiliated Evergreen Adult Day Care Entity.
Response: Defendants object to this demand as overbroad, unduly burdensome, and
prohibited by HIPPA regulations.
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7. For each client, patient or customer referred to in response to Request No. 6, a copy of his
or her billing and payments record, sheet, chart or folder at Evergreen Adult Day Care Center,
Inc. and/or of any Affiliated Evergreen Adult Day Care Entity.
Response: Defendants object to this demand as overbroad, unduly burdensome, and
prohibited by HIPPA regulations.
8. Copies of the federal income tax returns as filed of and for Evergreen Adult Day Care
Center, Inc. and for any and all Affiliated Evergreen Adult Day Care Entity for the calendar
years 2015 through 2020.
Response: Defendants object to this demand as Plaintiff has shown no entitlement to
financial documents for the named entity, and because the “affiliated entities” are undefined.
9. Copies of any and all profit and loss or income statements prepared of, for and by
Evergreen Senior Services, Inc. and of, for and by Evergreen Adult Day Care Center, Inc. and
any and all Affiliated Evergreen Adult Day Care Entity for the period from August 1, 2015
through May 31, 2021.
Response: Defendants object to this demand as Plaintiff has shown no entitlement to
financial documents for the named entity, and because the “affiliated entities” are undefined.
10. Copies of the first page of the personnel record, sheet, chart or folder of each and every
employee or contractor of Evergreen Senior Services, Inc. during the period from August 1, 2015
to May 31, 2017 who thereafter and during the period from May 31, 2017 to May 31, 2021
became an employee of any Evergreen Adult Day Care Center and/or of any Affiliated
Evergreen Adult Day Care Entity.
Response: Defendants object to this demand as Plaintiff has shown no entitlement to
personnel documents for the named entity, and because the “affiliated entities” are undefined.
11. For the period from August 1, 2015 to May 31, 2021, copies of the respective stock
certificates issued to or for each stockholder of Evergreen Senior Services, Inc. and for
Evergreen Adult Day Care Center, Inc. or for any Affiliated Evergreen Adult Day Care Entity.
Response: Defendants object to this demand as the “affiliated entities” are undefined,
and this demand is thus vague and ambiguous. Additionally, Plaintiff has shown no entitlement
to the records requested as to the named corporations.
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12. Copies of any and all stockholders’ agreements applicable to or for the respective
stockholders of Evergreen Senior Services, Inc. and for the stockholders of Evergreen Adult Day
Care Center, Inc. and any and all Affiliated Evergreen Adult Day Care Entity.
Response: Defendants object to this demand as the “affiliated entities” are undefined,
and this demand is thus vague and ambiguous. Additionally, Plaintiff has shown no entitlement
to the records requested as to the named corporations.
13. Copies of any documents, for the period from August 1, 2015 to date, which show,
reflect, indicate or set forth the respective ownership interest, number of shares or percentages
and capital accounts of each stockholder of Evergreen Senior Services, Inc., of Evergreen Adult
Care Center, Inc. and of any and all Affiliated Evergreen Adult Day Care Entity.
Response: Defendants object to this demand as the “affiliated entities” are undefined,
and this demand is thus vague and ambiguous. Additionally, Plaintiff has shown no entitlement
to the records requested as to the named corporations.
14. Copies of any and all written agreements and contracts entered into by and between and
among Evergreen Senior Services, Inc., Evergreen Adult Day Care Center, Inc. and any and all
Affiliated Evergreen Adult Day Care Entity.
Response: Defendants object to this demand as the “affiliated entities” are undefined,
and this demand is thus vague and ambiguous. Additionally, Plaintiff has shown no entitlement
to the records requested as to the named corporations. Notwithstanding these objections,
Defendants respond that they possess no responsive documents.
15. Copies of any notices or letters sent or given by or from Evergreen Senior Services, Inc.,
and/or from Evergreen Adult Day Care Center, Inc., and/or from any Affiliated Evergreen Adult
Day Care Entity to any client, patient or customer of any such entity mentioning, describing,
explaining, soliciting or discussing the transfer, transition, take-over or change from one entity to
another in the providing of various services to said clients, patients or customers.
Response: Defendants possess no records responsive to this request.
16. Copies of any licenses, authorizations or approvals issued by any agency or department
of the State of New York during the period from August 1, 2015 to May 31, 2021 to Evergreen
Senior Services, Inc., to any Evergreen Adult Day Care Center or to any other Affiliated
Evergreen Adult Day Care Entity with respect to the operation and management by any of them
as an adult day care center.
Response: See the attached documents. Defendants object inasmuch as “affiliated
entities” are undefined, and that portion of the demand is thus vague and ambiguous.
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17. Copies of the first page of the client, patient or customer billing record, sheet, chart or
folder of each and every joint, shared and/or individual client, patient or customer of SR
Homecare of NY, Inc. or of Evergreen Homecare Services of NY, Inc. during the period from
May 1, 2016 to March 15, 2019 who thereafter and during the period from March 15, 2019 to
March 31, 2021 became a client, patient or customer of Evergreen Homecare Services of NY,
Inc.
Response: Defendants object as this demand is unduly burdensome, patently irrelevant,
and precluded by HIPPA regulations.
18. For each client, patient or customer referred to in response to Request No. 17, a copy of
his or her billing and payments record, sheet, chart or folder at Evergreen Homecare Services of
NY Inc.
Response: Defendants object as this demand is unduly burdensome, patently irrelevant,
and precluded by HIPPA regulations.
19. Copies of the federal income tax returns of and for Evergreen Homecare Services of NY,
Inc. and any and all Affiliated Evergreen Adult Day Care Entity for the calendar years 2015
through 2020.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records, and as to the “affiliated entities,” they are undefined.
20. Copies of any and all profit and loss and income statements of and for Evergreen
Homecare Services of NY, Inc. for the period from March 1, 2019 to May 31, 2021.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records.
21. Copies of the first page of the personnel record, sheet, chart or folder of each and every
employee or contractor of SR Homecare of New York, Inc. and/or of Evergreen Homecare
Services of NY, Inc. during the period from May 1, 2016 to March 15, 2019 who thereafter and
during the period from March 15, 2019 to May 31, 2021 became an employee of Evergreen
Homecare Services of NY, Inc. and/or any Affiliated Evergreen Adult Day Care Entity.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records, and as to the “affiliated entities,” they are undefined.
22. Copies of the respective stock certificates issued to or for each person or entity who was a
stockholder of Evergreen Homecare Services of NY, Inc. for or during the period from May 1,
2016 to May 31, 2021.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
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records.
23. For or during the period from May 1, 2016 to May 31, 2021, copies of any and all
stockholders’ agreements applicable to or for the respective stockholders of Evergreen Homecare
Services of NY, Inc.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
records.
24. Copies of any documents which, for the period from May 1, 2016 to date, show, reflect,
indicate or set forth the respective ownership interest, number of shares or percentages and
capital accounts of each stockholder of Evergreen Homecare Services of NY, Inc.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records.
25. Copies of any and all agreements and contracts entered into between SR Homecare of
NY, Inc. and Evergreen Homecare Service of NY, Inc.
Response: Please see the attached documents.
26. Copies of any notices or letters sent or given from SR Homecare of NY, Inc. and/or from
Evergreen Homecare Services of NY, Inc. and/or any Affiliated Evergreen Adult Day Care
Entity to any client, patient or customer of either entity mentioning, explaining, describing,
soliciting or discussing the transfer, transition, take over or change from one entity to another in
the providing of various services to said clients, patients or customers.
Response: Defendants object inasmuch as affiliated entities are undefined.
Notwithstanding these objections, see the attached documents.
27. Copies of any licenses or approvals issued by any agency or department of the State of
New York during the period from May 15, 2015 to May 31, 2021 to Evergreen Homecare
Services of NY, Inc. with respect to the operation and management by it of an adult day care
center.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
records. Notwithstanding this objection, Defendants respond that day care and home care are
different industries, so Defendants possess no records responsive to this demand.
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28. Copies of any documents showing or reflecting the source and manner from which and/or
in which Plaintiff received her periodic salary, other compensation and/or distribution of the
profits or dividends of or from SR Homecare of NY, Inc. and/or of or from Evergreen Homecare
Service of NY, Inc. during the period from May 1, 2016 to March 15, 2019.
Response: See attached documents.
29. Copies of any statements, accounting or reports prepared for or by Daniel Park for the
years 2017 to 2020 showing his receipt, as manager, of any revenue, income and expenses from
the operation of Elim Home Care Agency, LLC.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records.
30. Copies of any periodic statements, accountings, billings or reports prepared by or for
Elim Home Care Agency for the years 2017 to 2020 of and for Elim Home Care Agency, LLC.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records.
31. Copies of any profit and losses and statements prepared by or for Elim Home Care
Agency, LLC. for the period from June 1, 2017 to May 31, 2021.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records.
32. Copies of the first page of the client, patient or customer billing and payments record,
sheet, chart or folder of each and every client, patient or customer of Elim Home Care Agency,
LLC during the period from June 1, 2017 to May 31, 2021.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records. Additionally, these documents are protected from disclosures by HIPPA.
33. For each client, patient or customer referred to in response to Request No. 32 who, during
the period from June 1, 2017 to May 31, 2021, became a client, patient or customer of Evergreen
Homecare Services of NY, Inc. a copy of his or her billing and payments record, sheet, chart or
folder.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records. Additionally, these documents are protected from disclosures by HIPPA.
34. Copies of any and all agreements and contracts entered into by and between and among
Daniel Park, Hyunjong Tammy Koo and Byungki Koo relating to the operation, management,
profit-sharing, distribution-sharing of revenues derived and received from Elim Home Care
Agency, LLC.
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022
Response: Defendants object to this demand as Plaintiff has no entitlement to these
records. Notwithstanding this objection, Defendants respond that they possess no documents
responsive to this demand.
35. During the period since June 1, 2017, copies or records of any accountings, reports,
statements, payments, remittances, disbursements and/or distributions of funds (i.e. by check,
cash, electronic funds or wire transfer, direct deposit, etc.) made by Daniel Park to Hyunjong
Tammy Koo and/or to Byungki Koo for on in regard to any and all revenue, profit or income
received or collected by Daniel Park or Elim Home Care Agency, LLC in connection with or
arising from the operation and management of Elim Home Care Agency, LLC.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records.
36. Copies of any and all agreements and contracts between Daniel Park and any other
person relating to his sharing in, distributing, paying out or remitting funds for or in regard to
any and all revenue, profit or income received or collected by Daniel Park in connection with or
arising from the operation and management of Elim Home Care Agency, LLC.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
financial records.
37. Copies of the first page of the personnel record, sheet, chart or folder of each and every
employee, consultant or contractor of Elim Home Care Agency during the period from June 1,
2017 to date.
Response: Defendants object to this demand as Plaintiff has no entitlement to these
records.
Defendants reserve the right to supplement and amend its responses to these demands.
Dated: New York, New York
July 8, 2021
Rha Kim Grossman & McIlwain, LLP
_______________________
By: Andrew D. Grossman, Esq.
Attorneys for Defendant
266 W 37th St, Suite 1600
New York, NY 10018
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FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022
(718) 321-9797
To: Law Offices of Jin Han, P.C.
Attorneys for Plaintiffs
100 Park Avenue, Suite 1600
New York, NY 10017
Tel.: (917) 701-7976
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FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022
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RKL - 00000l
FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
EUN SUK CHO, Index No.: 702648/2016
Plaintiff(s),
-against- Return Date: September 20, 2016
BYUNG KI KOO and EVERGREEN AFFIDAVIT
SENIOR SERVICES INC.,
Defendant(s).
AFFIDAVIT
I, YANG SIL KANG, oflegal age and a resident ofState ofNew York, being duly
sworn according to law upon this oath, deposes and says:
1. I am a shareholder ofEvergreen.
2. I have personal knowledge about the event that has transpired between EUN SUK CHO
and BYUNG KI KOO.
3. I am aware that EUN SUK CHO did not make the full contribution of$300,000.00 by the
time the Shareholder Agreement was executed.
4. I am aware that EUN SUK CHO made an initial monetary contribution in the amount of
$200,000.00.
5. EUN SUK CHO did not have any business knowledge or operation skills to contribute to
Evergreen.
6. I was not receiving any salary by September 24, 2015.
7. I am aware that other shareholders, officers, President and Vice President were not
receiving a salary by September 24, 2015.
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8. I am aware that EUN SUK CHO came to BYUNG KI KOO a day after the meeting to tell
him she no longer wanted to work for Evergreen.
9. EUN SUK CHO's departure from Evergreen was amicable and voluntary.
10. Since September 25, 2015, EUN SUK CHO did not work or participate in activities for
Evergreen.
11. I am aware that BYUNG KI KOO had bought off EUN SUK CHO's share of Evergreen.
12. I am aware that EUN SUK CHO and BYUNG KI KOO agreed to be personally liable for
any damages in connection with All Boro Evern:reen Adult DayCare, Inc. v. C&K
International LLC. et al in the amount of $50,000.00.
Dated: August 30, 2016
THIS FORM MUST BE NOTARIZED
I have read this affidavit and it is true and correct to the best of my knowledge.
On this� day of Av-U,016, before me, personally came
w as and known to me as the person who answered and
completed this affidavit.
RKL - 000003
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022
[FILED: QUEENS COUNTY CLERK 09/02/2016 03: 48 PM] INDEX NO. 702648/2016
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/02/2016
,.··' c==.:.i
r r� · ;, Meeting/ Minutes
37-10 149'11 Place,
Flushing, NY 11354
\...�
b ��;---- .
� , T. 718-321-2112
Name of
Board of Directors Date of Written September 24, 20 l S
Meeting
Present: Presider Byung Ki Koo
So Mee SHIN
Eunice PARK
Yang Sil KANG
Board Byong Kap MIN 42-19 Bell Blvd.
Location
Members Eun Suk CHO Bayside, NY
Byung Ki KOO/ President
Absent: (none)
Quorum Present? Yes
Others: Sun Kim / Secretary Written By Sun Kim
1. Greetings by President
2. Accounting status is reported by Mrs. CHO
3. All want to know the plan of revenue by effective billing to insurance company
4. President explains
• Billing members are expected to be about 50 in number;
• Estimates of monthly billing is $47,000 - $52,000 (Average $50,000);
• October 1, 2015 is the planned starting date of billing;
5. Question from SHIN
• Any expectations regarding the break-even point?
6. Answer by President
• Too early to expect the break-even;
7. Question from SHIN
Proceedings • Any problem with the balance of fund, just $120,000?
(1/2) 8. Answer by President
• Big investments finished
• But operation expenditures will be needed
• Rent will be charged since January 1, 2016
• Under the study of budget, fund and shares capital receivable
9. SHIN
• I am not affordable to invest additional funds, Hope early billing
10. Koo
• From now on, careful and earnest management is necessary;
• So, I will take the role of managing director to save money;
11. Vote(l)
0 Issue: President Salary $80,000 per annum
• Result: Yes (6), No(0)
Attachment Voting Ballots
Evergreen Adult Day Care 11.meetings.docx
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NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022
12. CHO
• Reads the agreement in the documents written at lawyer's office
13. Some attendants
• Some attendants say "we do not see such kind of agreement"
14. Vote(2)
• Issue: CHO's 10 % intangible asset in the shareholder's agreement shall be
forfeited
• Result: Yes(4), No(2)
15. Vote(J)
• Issue: CHO's salary in the shareholder's agreement shall be forfeited
• Result: Yes(2), No(4)
16. Vote(4)
• Issue: Investor's salary if he/she works for this business shall be $50,000 per
annum
• Result: Yes(5), No(l)
17. Vote(5)
Proceedings • Issue: Marketing director's salary ($30,000 + Incentive) per annum
Incentive will be paid by the rule of marketing team
(2/2)
• Result: Yes(4), No(2)
18. President
• Says "After the vote ballots are collected and scored, the final result shall be
visible. The secretary will send the results via email. After reviewing of the
results, this meeting may be continued or terminated by your requests"
19. President's remarks for voting
• Due to the insufficient fund and delayed deposit of promised company funds,
it is agreed upon by majority shareholders that the contract is not yet
effective until all funds have been deposited, including the l awsuit fund that
is still not resolved. Until then, it is effectively agreed that all shareholders
utilize their percentage in voting, including intangible assets as well.
-End-
Evergreen Adult Day Care 11.meetings.docx
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FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022
' ,-
:·:;.:.::...::J 37-10 149'11 Place,
� ,
Vote Flushing, NY 11354
T. 718-321-2112
Issue-I:
KOO's compensation as a managing director is $80,000 per annum
Vote
No Name % Shares ($ 1000)
Yes No Abstain
Vote
1 So Mee SHIN 0 6.44 70
2 Eunice PARK 0 9.20 100
3 Yang Sil KANG 0 22.99 250
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FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------------X YANGSIL KANG, individually and as a shareholder on behalf of ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAYCARE CENTER, INC., Index No.: 707381/2019 Plaintiff, -against- RESPONSE TO PLAINTIFFS’ FIRST SR HOMECARE OF NY INC., REQUEST FOR EVERGREEN ADULT DAY CARE IN FLUSHING, INC., PRODUCTION OF EVERGREEN J.S.C. ADULT DAY CARE IN NY, INC., DOCUMENTS AND EVERGREEN FLUSHING NEW YORK LLC, THINGS EVERGREEN SENIOR DAY CARE CENTER, INC., EVERGREEN HOMECARE SERVICE OF NY, INC., BYUNGKI KOO a/k/a JAMES KOO and HYUNGJONG KOO a/k/a TAMMY KOO, Defendants, ELIM HOME CARE AGENCY, LLC and EVERGREEN ADULT DAY CARE CENTER, INC., Nominal Defendants. -----------------------------------------------------------------------X S I R /MADAM: PLEASE TAKE NOTICE that the following are Responses by the Defendants to Plaintiffs’ Demand for Production of Documents and Things. Defendants reserve the right to supplement and amend its response to the demand. Any document provided hereunder shall not be construed as an agreement or admission as to the relevance or admissibility of such document. GENERAL OBJECTIONS Defendants make the following general objections to the demands and each such general objection shall be deemed incorporated in Defendants’ answer to each demand as if fully set forth herein: A. Defendants object to the demands to the extent that they are beyond the intended scope of the Civil Practice Law and Rules. 1 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 B. Defendants object to the demands to the extent that they are vague, unreasonably broad and oppressive and impose an undue burden and expense upon Defendant. C. Defendants object to the demands to the extent that they seek information not relevant to the subject matter of this action and not reasonably calculated to lead to the discovery of admissible evidence. D. Defendants object to the demands to the extent that they call for information which may be subject to privilege, including without limitation the attorney-client privilege, the work-product doctrine, the joint defense doctrine, the common-interest doctrine, or any other applicable privilege, law, rule, or immunity. E. Defendants object to the demands to the extent that they may call for information which constitutes attorney work product or material prepared in anticipation of litigation or for trial. F. Defendants object to the demands to the extent that they may call for information already in Plaintiffs’ possession. G. Defendants object to the demands to the extent that they seek the identification or production of documents outside the Defendants’ possession, custody or control. H. Defendants object to the demands to the extent they seek trade secrets, proprietary, confidential, financial or commercially sensitive information, the disclosure of which could negatively impact Defendants’ competitive or business position or result in a breach by Defendants of an obligation to a third party to keep such information confidential. 2 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 RESPONSES TO SPECIFIC REQUESTS 1. Copies of the personnel records and files relating to or concerning the employment of Plaintiff during the periods from January 1, 2015 to date and during which time periods she participated in, was involved with and/or was employed by or with any one or more of the following entities: (a) Elim Home Care Agency, LLC (b) Evergreen Senior Services, Inc. (c) Evergreen Adult Day Care Center, Inc. (d) Evergreen Senior Day Care Center, Inc. (e) Evergreen Adult Care in Flushing, Inc. (f) Evergreen J.S.C. Adult Day Care in NY, Inc. (g) Evergreen Flushing New York LLC. (h) Evergreen Homecare Service of NY, Inc. (i) SR Homecare of NY, Inc. Response: Defendants object to the demand to the extent that it is vague, unreasonably broad and oppressive and imposes an undue burden and expense upon Defendants and to the extent that it calls for information already in Plaintiffs’ possession and to the extent that it seeks the identification or production of documents outside the Plaintiffs’ possession, custody or control. Notwithstanding these objections and subject to these conditions, see the attached documents. 2. Copies of any documents, whether or not included in response to Request No. 1, describing Plaintiff’s various job duties, tasks, roles, obligations or responsibilities while employed by or with any one or more of the entities identified in Request No. 1. Response: Defendants object to this demand as overbroad, vague, and ambiguous. 3. Copies of any documents, whether or not contained in Plaintiff’s personnel records or files, concerning, describing, reflecting or setting forth any inadequacies, shortcomings, failures, omissions, errors or improper activity, behavior, actions, competence or performance by Plaintiff while employed by or with any one or more of the entities identified in Request No. 1. Response: Please see the attached documents. 4. Copies of any documents concerning, describing, reflecting or setting forth any actions, steps, activities, failures or omissions, taken or attributable by Plaintiff while she was employed by or with any one or more of the entities identified in Request No. 1 and which documents involve or relate to Plaintiff allegedly having: 3 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 a. Falsified or causing others to falsify time sheets, b. Evaded or failing to comply with rules and regulations relating to or concerning the payment of overtime and spread of hours compensation, c. Failed to follow or adhere to the requirements, rules and regulations relating to or concerning “wage parity,” d. Caused any Defendant to violate any law or regulation relating to wages and payroll, e. Concealed or taking money, revenue or income from any Defendant, f. Caused any Defendant to incur any liability for unpaid wages, overtime or spread of hours compensation, g. Failed to cause various notices regarding wages and overtime to be given or placed, h. Failed to comply with or observe any other law or regulation relating to payroll. Response: Please see the attached documents. 5. (a) Copies of the pleadings in any and al individual or collective suits brought and pending under the FLSA and/or New York State Labor Law by any former or current employees of Defendants against any one or more Defendants in which the said suit or suits alleges, charges, or describes various actions, violations of law, steps, activities, failures or omissions committed or undertaken by any one or more Defendants in regard to the payment of wages, overtime, spread of hours, posting of notices and related matters. (b) Copies of any documents served or filed by any party or witness in or as part of any of the foregoing suits which implicates, identifies, describes or involves specific actions, inactions, roles, steps or omissions of Plaintiff with regard to the subject matter of the aforesaid suits. Response: Please see the attached documents. 6. Copies of the first page of the client, patient or customer billing and payment record, sheet, chart or folder of each and every client or customer of Evergreen Senior Services, Inc., or its successor, during the period from August 14, 2015 to May 31, 2017 who thereafter and during the period from May 31, 2017 to May 31, 2021 became a client, patient or customer of Evergreen Adult Day Care Center, Inc. and/or any Affiliated Evergreen Adult Day Care Entity. Response: Defendants object to this demand as overbroad, unduly burdensome, and prohibited by HIPPA regulations. 4 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 7. For each client, patient or customer referred to in response to Request No. 6, a copy of his or her billing and payments record, sheet, chart or folder at Evergreen Adult Day Care Center, Inc. and/or of any Affiliated Evergreen Adult Day Care Entity. Response: Defendants object to this demand as overbroad, unduly burdensome, and prohibited by HIPPA regulations. 8. Copies of the federal income tax returns as filed of and for Evergreen Adult Day Care Center, Inc. and for any and all Affiliated Evergreen Adult Day Care Entity for the calendar years 2015 through 2020. Response: Defendants object to this demand as Plaintiff has shown no entitlement to financial documents for the named entity, and because the “affiliated entities” are undefined. 9. Copies of any and all profit and loss or income statements prepared of, for and by Evergreen Senior Services, Inc. and of, for and by Evergreen Adult Day Care Center, Inc. and any and all Affiliated Evergreen Adult Day Care Entity for the period from August 1, 2015 through May 31, 2021. Response: Defendants object to this demand as Plaintiff has shown no entitlement to financial documents for the named entity, and because the “affiliated entities” are undefined. 10. Copies of the first page of the personnel record, sheet, chart or folder of each and every employee or contractor of Evergreen Senior Services, Inc. during the period from August 1, 2015 to May 31, 2017 who thereafter and during the period from May 31, 2017 to May 31, 2021 became an employee of any Evergreen Adult Day Care Center and/or of any Affiliated Evergreen Adult Day Care Entity. Response: Defendants object to this demand as Plaintiff has shown no entitlement to personnel documents for the named entity, and because the “affiliated entities” are undefined. 11. For the period from August 1, 2015 to May 31, 2021, copies of the respective stock certificates issued to or for each stockholder of Evergreen Senior Services, Inc. and for Evergreen Adult Day Care Center, Inc. or for any Affiliated Evergreen Adult Day Care Entity. Response: Defendants object to this demand as the “affiliated entities” are undefined, and this demand is thus vague and ambiguous. Additionally, Plaintiff has shown no entitlement to the records requested as to the named corporations. 5 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 12. Copies of any and all stockholders’ agreements applicable to or for the respective stockholders of Evergreen Senior Services, Inc. and for the stockholders of Evergreen Adult Day Care Center, Inc. and any and all Affiliated Evergreen Adult Day Care Entity. Response: Defendants object to this demand as the “affiliated entities” are undefined, and this demand is thus vague and ambiguous. Additionally, Plaintiff has shown no entitlement to the records requested as to the named corporations. 13. Copies of any documents, for the period from August 1, 2015 to date, which show, reflect, indicate or set forth the respective ownership interest, number of shares or percentages and capital accounts of each stockholder of Evergreen Senior Services, Inc., of Evergreen Adult Care Center, Inc. and of any and all Affiliated Evergreen Adult Day Care Entity. Response: Defendants object to this demand as the “affiliated entities” are undefined, and this demand is thus vague and ambiguous. Additionally, Plaintiff has shown no entitlement to the records requested as to the named corporations. 14. Copies of any and all written agreements and contracts entered into by and between and among Evergreen Senior Services, Inc., Evergreen Adult Day Care Center, Inc. and any and all Affiliated Evergreen Adult Day Care Entity. Response: Defendants object to this demand as the “affiliated entities” are undefined, and this demand is thus vague and ambiguous. Additionally, Plaintiff has shown no entitlement to the records requested as to the named corporations. Notwithstanding these objections, Defendants respond that they possess no responsive documents. 15. Copies of any notices or letters sent or given by or from Evergreen Senior Services, Inc., and/or from Evergreen Adult Day Care Center, Inc., and/or from any Affiliated Evergreen Adult Day Care Entity to any client, patient or customer of any such entity mentioning, describing, explaining, soliciting or discussing the transfer, transition, take-over or change from one entity to another in the providing of various services to said clients, patients or customers. Response: Defendants possess no records responsive to this request. 16. Copies of any licenses, authorizations or approvals issued by any agency or department of the State of New York during the period from August 1, 2015 to May 31, 2021 to Evergreen Senior Services, Inc., to any Evergreen Adult Day Care Center or to any other Affiliated Evergreen Adult Day Care Entity with respect to the operation and management by any of them as an adult day care center. Response: See the attached documents. Defendants object inasmuch as “affiliated entities” are undefined, and that portion of the demand is thus vague and ambiguous. 6 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 17. Copies of the first page of the client, patient or customer billing record, sheet, chart or folder of each and every joint, shared and/or individual client, patient or customer of SR Homecare of NY, Inc. or of Evergreen Homecare Services of NY, Inc. during the period from May 1, 2016 to March 15, 2019 who thereafter and during the period from March 15, 2019 to March 31, 2021 became a client, patient or customer of Evergreen Homecare Services of NY, Inc. Response: Defendants object as this demand is unduly burdensome, patently irrelevant, and precluded by HIPPA regulations. 18. For each client, patient or customer referred to in response to Request No. 17, a copy of his or her billing and payments record, sheet, chart or folder at Evergreen Homecare Services of NY Inc. Response: Defendants object as this demand is unduly burdensome, patently irrelevant, and precluded by HIPPA regulations. 19. Copies of the federal income tax returns of and for Evergreen Homecare Services of NY, Inc. and any and all Affiliated Evergreen Adult Day Care Entity for the calendar years 2015 through 2020. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records, and as to the “affiliated entities,” they are undefined. 20. Copies of any and all profit and loss and income statements of and for Evergreen Homecare Services of NY, Inc. for the period from March 1, 2019 to May 31, 2021. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. 21. Copies of the first page of the personnel record, sheet, chart or folder of each and every employee or contractor of SR Homecare of New York, Inc. and/or of Evergreen Homecare Services of NY, Inc. during the period from May 1, 2016 to March 15, 2019 who thereafter and during the period from March 15, 2019 to May 31, 2021 became an employee of Evergreen Homecare Services of NY, Inc. and/or any Affiliated Evergreen Adult Day Care Entity. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records, and as to the “affiliated entities,” they are undefined. 22. Copies of the respective stock certificates issued to or for each person or entity who was a stockholder of Evergreen Homecare Services of NY, Inc. for or during the period from May 1, 2016 to May 31, 2021. Response: Defendants object to this demand as Plaintiff has no entitlement to these 7 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 records. 23. For or during the period from May 1, 2016 to May 31, 2021, copies of any and all stockholders’ agreements applicable to or for the respective stockholders of Evergreen Homecare Services of NY, Inc. Response: Defendants object to this demand as Plaintiff has no entitlement to these records. 24. Copies of any documents which, for the period from May 1, 2016 to date, show, reflect, indicate or set forth the respective ownership interest, number of shares or percentages and capital accounts of each stockholder of Evergreen Homecare Services of NY, Inc. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. 25. Copies of any and all agreements and contracts entered into between SR Homecare of NY, Inc. and Evergreen Homecare Service of NY, Inc. Response: Please see the attached documents. 26. Copies of any notices or letters sent or given from SR Homecare of NY, Inc. and/or from Evergreen Homecare Services of NY, Inc. and/or any Affiliated Evergreen Adult Day Care Entity to any client, patient or customer of either entity mentioning, explaining, describing, soliciting or discussing the transfer, transition, take over or change from one entity to another in the providing of various services to said clients, patients or customers. Response: Defendants object inasmuch as affiliated entities are undefined. Notwithstanding these objections, see the attached documents. 27. Copies of any licenses or approvals issued by any agency or department of the State of New York during the period from May 15, 2015 to May 31, 2021 to Evergreen Homecare Services of NY, Inc. with respect to the operation and management by it of an adult day care center. Response: Defendants object to this demand as Plaintiff has no entitlement to these records. Notwithstanding this objection, Defendants respond that day care and home care are different industries, so Defendants possess no records responsive to this demand. 8 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 28. Copies of any documents showing or reflecting the source and manner from which and/or in which Plaintiff received her periodic salary, other compensation and/or distribution of the profits or dividends of or from SR Homecare of NY, Inc. and/or of or from Evergreen Homecare Service of NY, Inc. during the period from May 1, 2016 to March 15, 2019. Response: See attached documents. 29. Copies of any statements, accounting or reports prepared for or by Daniel Park for the years 2017 to 2020 showing his receipt, as manager, of any revenue, income and expenses from the operation of Elim Home Care Agency, LLC. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. 30. Copies of any periodic statements, accountings, billings or reports prepared by or for Elim Home Care Agency for the years 2017 to 2020 of and for Elim Home Care Agency, LLC. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. 31. Copies of any profit and losses and statements prepared by or for Elim Home Care Agency, LLC. for the period from June 1, 2017 to May 31, 2021. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. 32. Copies of the first page of the client, patient or customer billing and payments record, sheet, chart or folder of each and every client, patient or customer of Elim Home Care Agency, LLC during the period from June 1, 2017 to May 31, 2021. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. Additionally, these documents are protected from disclosures by HIPPA. 33. For each client, patient or customer referred to in response to Request No. 32 who, during the period from June 1, 2017 to May 31, 2021, became a client, patient or customer of Evergreen Homecare Services of NY, Inc. a copy of his or her billing and payments record, sheet, chart or folder. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. Additionally, these documents are protected from disclosures by HIPPA. 34. Copies of any and all agreements and contracts entered into by and between and among Daniel Park, Hyunjong Tammy Koo and Byungki Koo relating to the operation, management, profit-sharing, distribution-sharing of revenues derived and received from Elim Home Care Agency, LLC. 9 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 Response: Defendants object to this demand as Plaintiff has no entitlement to these records. Notwithstanding this objection, Defendants respond that they possess no documents responsive to this demand. 35. During the period since June 1, 2017, copies or records of any accountings, reports, statements, payments, remittances, disbursements and/or distributions of funds (i.e. by check, cash, electronic funds or wire transfer, direct deposit, etc.) made by Daniel Park to Hyunjong Tammy Koo and/or to Byungki Koo for on in regard to any and all revenue, profit or income received or collected by Daniel Park or Elim Home Care Agency, LLC in connection with or arising from the operation and management of Elim Home Care Agency, LLC. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. 36. Copies of any and all agreements and contracts between Daniel Park and any other person relating to his sharing in, distributing, paying out or remitting funds for or in regard to any and all revenue, profit or income received or collected by Daniel Park in connection with or arising from the operation and management of Elim Home Care Agency, LLC. Response: Defendants object to this demand as Plaintiff has no entitlement to these financial records. 37. Copies of the first page of the personnel record, sheet, chart or folder of each and every employee, consultant or contractor of Elim Home Care Agency during the period from June 1, 2017 to date. Response: Defendants object to this demand as Plaintiff has no entitlement to these records. Defendants reserve the right to supplement and amend its responses to these demands. Dated: New York, New York July 8, 2021 Rha Kim Grossman & McIlwain, LLP _______________________ By: Andrew D. Grossman, Esq. Attorneys for Defendant 266 W 37th St, Suite 1600 New York, NY 10018 10 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 (718) 321-9797 To: Law Offices of Jin Han, P.C. Attorneys for Plaintiffs 100 Park Avenue, Suite 1600 New York, NY 10017 Tel.: (917) 701-7976 11 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 & . MW8@Ail2 ? sr ol2@ ole| olA@ G e l x|2@ o a 2Fx o a i|A 2 O ë A|2 2 ... 4Voll7 E al8ll 7@x| PPi|~ ( geJg 9l kh tilolnloi) e%8ll M2 e0iA eh M d^#el 2@ AH tilo|mloi 2e goi2 ` eg g gÆ cilo o e c@8 cilo|m|oj il o t-|t -g gµ 7 E L 2 c . ol -5EW2 B@MEo@ Mol3fxlB ~ 7aliE 10e2o x L L O EH Æi ol M2 e2 x1l o W28@e ie52@ 21e m|olnlojo||A{ ±gM ee gg @42 L|E[. xl2l 2Ei ti|o|m|oj gg2@ ge mNmol ; ¦l8@7ll W¦ tllo|mjoig oj o 2[ip|n . 0llE7il g@¦All2 e2Ee ¦41oll olW7ll E@E 9A@EEl2ll Elol ~ » ML|E[... RKL - 00000l FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS EUN SUK CHO, Index No.: 702648/2016 Plaintiff(s), -against- Return Date: September 20, 2016 BYUNG KI KOO and EVERGREEN AFFIDAVIT SENIOR SERVICES INC., Defendant(s). AFFIDAVIT I, YANG SIL KANG, oflegal age and a resident ofState ofNew York, being duly sworn according to law upon this oath, deposes and says: 1. I am a shareholder ofEvergreen. 2. I have personal knowledge about the event that has transpired between EUN SUK CHO and BYUNG KI KOO. 3. I am aware that EUN SUK CHO did not make the full contribution of$300,000.00 by the time the Shareholder Agreement was executed. 4. I am aware that EUN SUK CHO made an initial monetary contribution in the amount of $200,000.00. 5. EUN SUK CHO did not have any business knowledge or operation skills to contribute to Evergreen. 6. I was not receiving any salary by September 24, 2015. 7. I am aware that other shareholders, officers, President and Vice President were not receiving a salary by September 24, 2015. RKL - 000002 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 8. I am aware that EUN SUK CHO came to BYUNG KI KOO a day after the meeting to tell him she no longer wanted to work for Evergreen. 9. EUN SUK CHO's departure from Evergreen was amicable and voluntary. 10. Since September 25, 2015, EUN SUK CHO did not work or participate in activities for Evergreen. 11. I am aware that BYUNG KI KOO had bought off EUN SUK CHO's share of Evergreen. 12. I am aware that EUN SUK CHO and BYUNG KI KOO agreed to be personally liable for any damages in connection with All Boro Evern:reen Adult DayCare, Inc. v. C&K International LLC. et al in the amount of $50,000.00. Dated: August 30, 2016 THIS FORM MUST BE NOTARIZED I have read this affidavit and it is true and correct to the best of my knowledge. On this� day of Av-U,016, before me, personally came w as and known to me as the person who answered and completed this affidavit. RKL - 000003 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 [FILED: QUEENS COUNTY CLERK 09/02/2016 03: 48 PM] INDEX NO. 702648/2016 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/02/2016 ,.··' c==.:.i r r� · ;, Meeting/ Minutes 37-10 149'11 Place, Flushing, NY 11354 \...� b ��;---- . � , T. 718-321-2112 Name of Board of Directors Date of Written September 24, 20 l S Meeting Present: Presider Byung Ki Koo So Mee SHIN Eunice PARK Yang Sil KANG Board Byong Kap MIN 42-19 Bell Blvd. Location Members Eun Suk CHO Bayside, NY Byung Ki KOO/ President Absent: (none) Quorum Present? Yes Others: Sun Kim / Secretary Written By Sun Kim 1. Greetings by President 2. Accounting status is reported by Mrs. CHO 3. All want to know the plan of revenue by effective billing to insurance company 4. President explains • Billing members are expected to be about 50 in number; • Estimates of monthly billing is $47,000 - $52,000 (Average $50,000); • October 1, 2015 is the planned starting date of billing; 5. Question from SHIN • Any expectations regarding the break-even point? 6. Answer by President • Too early to expect the break-even; 7. Question from SHIN Proceedings • Any problem with the balance of fund, just $120,000? (1/2) 8. Answer by President • Big investments finished • But operation expenditures will be needed • Rent will be charged since January 1, 2016 • Under the study of budget, fund and shares capital receivable 9. SHIN • I am not affordable to invest additional funds, Hope early billing 10. Koo • From now on, careful and earnest management is necessary; • So, I will take the role of managing director to save money; 11. Vote(l) 0 Issue: President Salary $80,000 per annum • Result: Yes (6), No(0) Attachment Voting Ballots Evergreen Adult Day Care 11.meetings.docx RKL - 000004 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 12. CHO • Reads the agreement in the documents written at lawyer's office 13. Some attendants • Some attendants say "we do not see such kind of agreement" 14. Vote(2) • Issue: CHO's 10 % intangible asset in the shareholder's agreement shall be forfeited • Result: Yes(4), No(2) 15. Vote(J) • Issue: CHO's salary in the shareholder's agreement shall be forfeited • Result: Yes(2), No(4) 16. Vote(4) • Issue: Investor's salary if he/she works for this business shall be $50,000 per annum • Result: Yes(5), No(l) 17. Vote(5) Proceedings • Issue: Marketing director's salary ($30,000 + Incentive) per annum Incentive will be paid by the rule of marketing team (2/2) • Result: Yes(4), No(2) 18. President • Says "After the vote ballots are collected and scored, the final result shall be visible. The secretary will send the results via email. After reviewing of the results, this meeting may be continued or terminated by your requests" 19. President's remarks for voting • Due to the insufficient fund and delayed deposit of promised company funds, it is agreed upon by majority shareholders that the contract is not yet effective until all funds have been deposited, including the l awsuit fund that is still not resolved. Until then, it is effectively agreed that all shareholders utilize their percentage in voting, including intangible assets as well. -End- Evergreen Adult Day Care 11.meetings.docx RKL - 000005 FILED: QUEENS COUNTY CLERK 07/31/2022 02:21 AM INDEX NO. 707381/2019 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/31/2022 ' ,- :·:;.:.::...::J 37-10 149'11 Place, � , Vote Flushing, NY 11354 T. 718-321-2112 Issue-I: KOO's compensation as a managing director is $80,000 per annum Vote No Name % Shares ($ 1000) Yes No Abstain Vote 1 So Mee SHIN 0 6.44 70 2 Eunice PARK 0 9.20 100 3 Yang Sil KANG 0 22.99 250