SWAN KANG, INC. v. TAE SANG KANG

No. A00A0378.

534 S.E.2d 145 (2000)

243 Ga. App. 684

SWAN KANG, INC. v. TAE SANG KANG (Yi).

Court of Appeals of Georgia.

Certiorari Denied November 14, 2000.


Attorney(s) appearing for the Case

David W. Graybeal, Jr., Norcross, for appellant.

Michael Kessler, Cumming, for appellee.


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 attorney 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...

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