PRE-TRIAL Brief Collection of Money

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION CAGAYAN DE ORO CITY, BRANCH 21 LEE MIN HO, Plaintiff, - versus -

Civil Case No. 888888 For: Collection of sum of money

GONG YOO, Defendants. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

PRE-TRIAL BRIEF DEFENDANT, by counsel, respectfully submits his Pre-Trial Brief, as follows: I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT 1.1. Plaintiff is open to settling this dispute amicably, subject to a concrete proposal that is fair and reasonable and a reciprocal manifestation of openness from defendant,

1.2. Pursuant to Rule 18 of the 1997 Rules of Civil Procedure, plaintiff respectfully submits that the desired terms of any amicable settlement would involve, first, an admission of amount due and owing to plaintiff and, second, a schedule of payments.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES 2.1 Plaintiff claims that defendant failed to pay the purchase price of SIX MILLION PESOS (Php6,000,000.00) for the Ford Mustang automobile delivered to the defendant.

2.2 Defendant raise as defenses that no sale ever transpired and that the checks issued to Mr. Lee were stolen and the defendant’s signature forged. III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES 3.1. Defendant admits only those facts stated in their Answer, i.e., their personal circumstances and the existence of the bank account and corresponding checks.

IV. ISSUES TO BE TRIED 4.1. Plaintiff submits that the following issue is subject to proof:

4.1.1. The loss of the defendant’s checks as the cause for the account’s closure and forgery of his signature

4.2. Defendant submits that the following issues are subject to proof:

4.2.1. There was a contract of sale with the plaintiff;

V. EVIDENCE 5.1. Plaintiff intends to present the following witnesses: 5.1.1 Ms. Gianna Jun, to establish that the plaintiff and defendant actually met at the Limketkai Luxe Hotel, that the Mustang was the subject matter of a contract of sale between the

plaintiff and defendant, and that the defendant paid in manager’s check THREE MILLION PESOS (P3,000,000) and issued ten post-dated checks covering the balance; 5.1.2 Ms. Suzy Uy, manager of the hotel restaurant, as witness to the meeting and the transaction; 5.2. Plaintiff reserves the right to present any and all documentary evidence, which shall become relevant to rebut defendants’ claims in the course of trial as well as any other witnesses whose testimony will become relevant to belie defendants’ witnesses, if necessary. VI. RESORT TO DISCOVERY 6.1. Considering the relatively simple issues presented, plaintiff does not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for discovery from defendant, plaintiff reserves the right to resort to discovery before trial.

VII. AVAILABLE TRIAL DATES April 3, 2017, April 10, 2017, April 17, 2017 and April 24, 2017. RESPECTFULLY SUBMITTED. Cagayan de Oro City. 11 March 2017.

JOSE MARIA SISON DUTERTE Counsel for the Plaintiff 4th Floor Gateway, Limketkai Center Cagayan de Oro City, Philippines

By:

LEONARDO DE RIANO IBP # 123456 4/25/17 Cagayan de Oro City PTR #789123 4/25/17 Cagayan de Oro City ROA 8888 MCLE Compliance No. II 01-45678 Copy Furnished: By Personal Service Atty. Cynthia Delima Delima & Patag Offices 75, Cruz-Taal St., Cagayan de Oro City