Korean sues Ludo & Luym for delays in bldg. Repair

A Korean who wants to operate an English language school in Cebu sued the Ludo & Luym Development Corporation for delaying the renovation of the ground floor of the former Rustan's Superstore that also caused delay in the operation of his school.

Kim Tae Young filed a civil case for specific performance with temporary restraining order, damages and attorney's fees on behalf of Jei Run Education Center/Jei Languages and Development Center Incorporated.

Kim asked the court to issue a temporary restraining order against the Ludo & Luym Development Corporation to restrain the defendant from closing and padlocking the leased premises and leasing it to another lessee.

The foreigner said he had entered into a five-year contract of lease with the defendant on May 15, 2006 for the lease of 4,200 square meters area of the building formerly occupied by Rustan's to be used as a language school and dormitory.

It was agreed that the defendant would renovate the ceiling, then install air conditioning units ducts, to place carpets on the floor and some other improvements.

Kim alleged that he complained to the Ludo & Luym management because of the delay of the renovation project. He also demanded to suspend the payment of the rentals and other charges until the said works are completed.

But according to Kim, Ludo & Luym Corporation, through its lawyer, demanded the payment of the rental despite the unfinished renovation works that prompted the students who were about to enroll in the school to withdraw their enrollment.

"Due to the unfinished works of the defendant, it has caused delay to the opening of the language school of the plaintiff causing it to suffer losses due to unrealized earnings from students who cancelled their enrollment upon learning the predicament," Kim claimed.

It was learned that the Ludo & Luym Development Corporation is also facing another civil case filed by some of the occupants of its premises who strongly objected the plan to remove their stalls because these were constructed without the required building permit.

Kim asked the court to order the defendants to pay him P350,000 in damages and attorney's fees and to comply with the provisions as stipulated in the contract. - Rene U. Borromeo/BRP