United States District Court, D. Hawaii
KAREN C. HAN Plaintiff,
YANGRAI CHO, Defendant.
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS (ECF
Gillmor, United States Disrtict Judge.
Karen C. Han, an individual, sued Defendant Yangrai Cho, an
individual. Plaintiff Han claims that she has been injured by
various corporations associated with Defendant Cho.
Cho filed a Motion to Dismiss Complaint (ECF No. 10) based on
lack of subject matter jurisdiction pursuant to Fed.R.Civ.P.
12(b)(1), lack of personal jurisdiction pursuant to
Fed.R.Civ.P. 12(b)(2), failure to state a claim upon which
relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6), and
failure to join a party under Fed.R.Civ.P. 19 pursuant to
Court lacks personal jurisdiction over Defendant Cho.
Motion to Dismiss Complaint (ECF No. 10) is
18, 2018, Plaintiff Karen C. Han filed a Complaint. (ECF No.
October 29, 2018, Defendant Yangrai Cho filed MOTION TO
DISMISS COMPLAINT. (ECF No. 10).
November 13, 2018, Plaintiff Han filed her Opposition. (ECF
January 2, 2019, Defendant Cho filed his Reply. (ECF No. 20).
18, 2018, Plaintiff Han filed a Complaint. (Compl., ECF No.
1). Plaintiff Han is a citizen of the State of Texas. (Compl.
at ¶¶ 6, 9, ECF No. 1).
Han brings suit in her individual capacity and as the
“real party in interest” for Peninsula Asset
Management (Cayman) Ltd. (“Peninsula Asset
Management”). (Compl. at ¶¶ 6, 15, ECF No.
founded Peninsula Asset Management in December 1995 to engage
in the business of providing financial services to investment
banks in international finance centers. (Id.)
Peninsula Asset Management was a Grand Cayman Islands
corporation and is now defunct. (Id.; Memorandum at
p. 2, attached as Ex. A to Def.'s Mot. to Dismiss, ECF
Han asserts claims solely against Defendant Yangrai Cho.
Defendant Cho is a citizen of the Republic of Korea. (Compl.
at ¶ 7, ECF No. 1; Def.'s Mot. to Dismiss at p. 3,
ECF No. 10).
claims asserted against Defendant Cho are based on his status
as shareholder and management figure in a group of
corporations that include Hankook Tire Worldwide Co., Ltd.
and Hankook Tire Co. Ltd., (these entities are referred to as
“Hankook Tire”). (Compl. at ¶¶ 73-94,
ECF No. 1). The Hankook Tire entities are corporations
organized and existing under the laws of South Korea, with
their principal place of business in Seoul, Republic of
Korea. (Compl. at ¶ 7, ECF No. 1; Memorandum at p. 2,
attached as Ex. A to Def.'s Mot. to Dismiss, ECF No.
alleges that Hankook Tire established a separate entity,
Ocean Capital Investment Limited (“Ocean Capital
Investment”) to raise investment funds. (Compl. at
¶ 17, ECF No. 1). Ocean Capital Investment is a
Malaysian company. (Ex. A to Compl., ECF No. 1-1).
Complaint alleges that Hankook Tire hired Peninsula Asset
Management in 1998 to act as Ocean Capital Investment's
agent to raise funds for refinancing. (Compl. at ¶ 21,
ECF No. 1). Hankook Tire and Defendant Cho allegedly used
Peninsula Asset Management to perpetrate a money-laundering
scheme to transfer $20 million dollars out of the Republic of
Korea to an account in New York. (Id.)
Han states three causes of actions solely against Defendant
(1) declaratory relief based on alter ego and/or piercing the
(2) fraud and fraudulent inducement; and
(3) civil conspiracy to commit fraud. (Compl. at ¶¶
1-2, 7, ...