PIZONKA, REILLEY, BELLO & McGRORY, P.C. 

BY: DOUGLAS T. GOULD, ESQUIRE 

ATTORNEY I.D. NO. 78357 

144 East DeKalb Pike, Suite 300 

King of Prussia, PA 19406 

(610) 992-1300 ATTORNEYS FOR PLAINTIFF 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

 : 

BANK EXPRESS INTERNATIONAL : CIVIL ACTION NO.: 02-CV-4076 

 Plaintiff : 

 : 

 v. : 

 : 

KANG, BANKCARD SERVICES, et al. : 

 Defendants : 

AFFIDAVIT OF TAEK IM KIM, CHIEF EXECUTIVE OFFICER OF PLAINTIFF, 

BANK EXPRESS INTERNATIONAL

I, Taek Im Kim, being duly sworn, state: 

 1. I am the Chief Executive Officer of Bank Express International, 

Incorporated (“Bank Express”), a Pennsylvania corporation authorized to operate 

pursuant to the laws of the Commonwealth of Pennsylvania and having a principal place 

of business located at 489 Shoemaker Road, Suite 110, King of Prussia, Pennsylvania 

19406. Bank Express was incorporated on or about November 9, 1998. 

 2. I make this Affidavit based upon my personal knowledge, or where 

indicated, based upon information currently known to me, which I believe is true and 

correct. 

 3. Bank Express is in the business of enabling business owners to generate 

revenue though their utilization of automated teller machines (“ATM”) at their business 

locations. Bank Express enables a business owner to generate revenue by monitoring the 

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accurate electronic processing of each cash withdraw (“transaction”), which a customer 

makes from an ATM maintained at the business owner’s establishment. Bank Express 

monitors this electronic processing from its principal place of business in King of Prussia, 

Pennsylvania. 

4. Bank Express often oversees the procurement of ATMs for business 

owners by securing lease agreements between a business owner and a third-party leasing 

company. Bank Express always secures lease agreements for business owners from its 

principal place of business in King of Prussia, Pennsylvania. Additionally, Bank Express 

does not secure lease agreements for business owners from third-party leasing companies 

until a business owner has completed and signed a Bank Express Lease Application. The 

address of Bank Express’ principal place of business, in Pennsylvania, is clearly printed 

across the bottom of each Lease Application. Bank Express will not begin to contact 

third party leasing companies until it has received a business owner’s signed Lease 

Application in Pennsylvania. 

 5. Bank Express also provides business owners with network monitoring for 

service or maintenance requirements and notifies business owners of those requirements. 

Bank Express provides these services from its principal place of business in King of 

Prussia, Pennsylvania. Bank Express also provides necessary paper products for its 

customer’s ATMs from its principal place of business upon request. 

 6. Additionally, Bank Express accepts calls concerning technical difficulties 

with its customers’ ATMs and arranges the servicing of the malfunctioning ATMs. Bank 

Express provides this service from its principal place of business in King of Prussia, 

Pennsylvania. Bank Express provides a toll free number that is affixed to each ATM 

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procured for a business owner and business owners can, and do, call Bank Express 

directly when experiencing malfunctions. 

 7. Bank Express sends each business owner monthly transaction summaries 

and surcharge checks. The surcharge checks reflect the amount each business owner is 

entitled to, based upon the preceding month’s surcharge revenue. Each transaction 

summary and surcharge check is generated and mailed to each business owner from the 

principal place of business of Bank Express. The return address for each mailing 

envelope, containing a transaction summary or surcharge check, is Bank Express’ address 

in King of Prussia, Pennsylvania. Currently, each check identifies its maker as “BANK 

EXPRESS INT’L, INC., 489 SHOEMAKER ROAD, STE 110, KING OF PRUSSIA, 

PA 19406.” Prior to July 2000, each transaction summary and surcharge check was 

generated and mailed from the former address of Bank Express located in Bala Cynwyd, 

Pennsylvania. Each such transaction summary envelope and surcharge check (with 

envelope) was similarly embossed with Bank Express’ former address in Bala Cynwyd. 

 8. Based upon information and belief, Defendant, Soo Y. Yang, is an 

individual who is trading as Rancho Market (“Rancho”), with a business address of 930 

23rd Street, Richmond, CA 94804. 

 9. Based upon information and belief, on or about November 11, 1999, 

Rancho submitted a Bank Express Lease Application, to Bank Express, whereby Rancho 

requested Bank Express secure Rancho a lease agreement for an ATM with a third party 

leasing company. Rancho’s Lease Application clearly identifies the former principal 

place of business of Bank Express across the bottom as “8 Cynwyd Road, Suite 100, Bala 

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Cynwyd, PA 19004.” A copy of Rancho’s Lease Application is attached to Plaintiff’s 

Amended Complaint as Exhibit “A.” 

 10. Based upon information and belief, on or about November 15, 1999, Bank 

Express secured Rancho a lease agreement with ACH Leasing. This lease agreement was 

secured by Bank Express from its principal place of business in King of Prussia, 

Pennsylvania. 

11. Based upon information and belief, on or about November 25, 1999, 

Rancho entered a written agreement (“Rancho Agreement”) with Bank Express whereby 

Bank Express offered and Ranco accepted, monthly electronic automated teller machine 

processing services from Bank Express for a period of five (5) years. 

 12. Based upon information and belief, the Rancho Agreement was signed by 

Rancho’s agent on November 19, 1999 and became effective when accepted and signed 

by me on November 25, 1999 in King of Prussia, Pennsylvania. A copy of the Rancho 

Agreement is attached to Plaintiff’s Amended Complaint and marked as Exhibit “B.” 

 13. Based upon information and belief, between December 1999 and February 

2002, Rancho received and cashed monthly surcharge checks mailed by Bank Express to 

Rancho. Bank Express mailed said checks to Rancho either from its principal place of 

business in King of Prussia or its former principal place of business in Bala Cynwyd. 

 14. Based upon information and belief, on or about February 2002 Rancho 

breached the Rancho agreement by unilaterally terminating Bank Express’ services 

before the expiration of the Rancho Agreement’s term and by refusing, despite demand, 

to return its ATM processing servicing to Bank Express. 

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 15. Based upon information and belief, Defendant, Doo Young Lee, is an 

individual who is believed to be trading as Felton Fair Liquors (“Felton”), with a business 

address of 6273 Graham Hill Raod, Felton, CA 95018. 

16. Based upon information and belief, on or about January 22, 2001, Felton 

submitted a Bank Express Lease Application, to Bank Express, whereby Felton requested 

Bank Express secure Felton a lease agreement for an ATM with a third party leasing 

company. Felton’s Lease Application clearly identifies the principal place of business of 

Bank Express across the bottom as “Bank Express International 489 Shoemaker Rd. Ste. 

110, King of Prussia, PA 19406.” A copy of Felton’s Lease Application is attached 

hereto and marked as Exhibit “C.” 

 17. Based upon information and belief, between January 22, 2001 and January 

25, 2001, Bank Express attempted to secure a lease agreement for Felton with three 

different leasing companies. These efforts occurred from the principal place of business 

of Bank Express. All three of these attempts to secure a least agreement were rejected by 

the leasing companies. On or about February 1, 2001, Bank Express secured Felton a 

lease agreement with LEASECOMM. This lease agreement was secured by Bank 

Express from its principal place of business in King of Prussia, Pennsylvania. 

18. Based upon information and belief, on or about February 2, 2001, Felton 

entered a written agreement (“Felton Agreement”) with Bank Express whereby Bank 

Express offered and Felton accepted, monthly electronic automated teller machine 

processing services from Bank Express for a period of five (5) years. 

 19. Based upon information and belief, Felton’s Agreement was signed by 

Felton’s agent on February 1, 2001 and became effective when accepted and signed by 

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me on February 2, 2001, in King of Prussia, Pennsylvania. A copy of the Felton 

Agreement is attached to Plaintiff’s Amended Complaint and marked as Exhibit “D.” 

 20. Based upon information and belief, between March 2001 and February 

2002, Felton received and cashed monthly surcharge checks mailed by Bank Express to 

Felton. Bank Express mailed said checks to Felton from either its principal place of 

business in King of Prussia or its former Principal place of business in Bala Cynwyd, 

Pennsylvania. 

 21. Based upon information and belief, on or about February 2002, Felton 

breached the Felton Agreement by unilaterally terminating Bank Express’ services before 

the expiration of the Felton Agreement’s term and by refusing, despite demand, to return 

its ATM processing servicing to Bank Express. 

22. Based upon information and belief, Defendant, Jenny Yu, is an individual 

trading as Mayfair Market (“Mayfair”), with a business address of 1 Mayfair Drive, 

Salinas, CA 94087. 

23. Based upon information and belief, on or about March 3, 2001, Mayfair 

submitted a Bank Express Lease Application, to Bank Express, whereby Mayfair 

requested Bank Express secure Mayfair a lease agreement for an ATM with a third party 

leasing company. Mayfair’s Lease Application clearly identifies the principal place of 

business of Bank Express across the bottom as “Bank Express International 489 

Shoemaker Rd. Ste. 110, King of Prussia, PA 19406.” A copy of Mayfair’s Lease 

Application is attached to Plaintiff’s Amended Complaint as Exhibit “E.” 

 24. Based upon information and belief, on or about March 6, 2001, Bank 

Express secured Mayfair a lease agreement with QL Capital, Inc. by convincing QL 

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Capital to allow Mayfair to assume the lease agreement of the former owner of the 

Mayfair business. This lease agreement assumption was secured by Bank Express from 

its principal place of business in King of Prussia, Pennsylvania. 

25. Based upon information and belief, on or about March 9, 2001, Mayfair 

entered a written agreement (“Mayfair Agreement”) with Bank Express whereby Bank 

Express offered and Mayfair accepted, monthly electronic automated teller machine 

processing services from Bank Express for a period of five (5) years. 

 26. Based upon information and belief, Mayfair’s Agreement was signed by 

Mayfair’s agent on or about March 9, 2001 and became effective when accepted and 

signed by me on or about March 9, 2001, in King of Prussia, Pennsylvania. A copy of 

the Mayfair Agreement is attached to Plaintiff’s Amended Complaint and marked as 

Exhibit “F.” 

 27. Based upon information and belief, between April 2001 and February 6, 

2002, Mayfair received and cashed monthly surcharge checks mailed by Bank Express to 

Mayfair. Bank Express mailed said checks to Mayfair either from its principal place of 

business in King of Prussia or its former principal place of business in Bala Cynwyd, 

Pennsylvania. 

 28. Based upon information and belief, on or about February 6, 2002, Mayfair 

breached the Mayfair agreement by unilaterally terminating Bank Express’ services 

before the expiration of the Mayfair Agreement’s term and by refusing, despite demand, 

to return its ATM processing servicing to Bank Express. 

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29. Based upon information and belief, Defendant, Jeoung Kim, is an 

individual trading as Salomi Video (“Salomi Video”), with a business address of 1038 E. 

El Camino Real, Sunnyvale, CA 94087. 

30. Based upon information and belief, on or about May 31, 2001, Salomi 

Video entered a written agreement (“Salomi Video Agreement”) with Bank Express 

whereby Bank Express offered and Salomi Video accepted, monthly electronic 

automated teller machine processing services from Bank Express for a period of five (5) 

years. 

 31. Based upon information and belief, Salomi Video’s Agreement was signed 

by Salomi Video’s agent on May 31, 2001 and became effective when accepted by me in 

King of Prussia, Pennsylvania. A copy of the Salomi Video Agreement is attached to 

Plaintiff’s Amended Complaint and marked as Exhibit “G.” 

 32. Based upon information and belief, between June 2001 and March 2002, 

Salomi Video received and cashed monthly surcharge checks mailed by Bank Express to 

Salomi Video. Bank Express mailed said checks to Salomi Video from either its 

principal place of business in King of Prussia or its former principal place of business in 

Bala Cynwyd, Pennsylvania. 

 33. Based upon information and belief, on or about March 2002, Salomi 

Video breached the Salomi Video Agreement by unilaterally terminating Bank Express’ 

services before the expiration of the Salomi Video Agreement’s term and by refusing, 

despite demand, to return its ATM processing services to Bank Express. 

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34. Based upon information and belief, Defendant, Jung Soo Kim, is an 

individual trading as Danny’s Market (“Danny’s Market”), with a business address of 

1570 Pomeroy Avenue, Santa Clara, CA 95051. 

35. Based upon information and belief, on or about October 16, 1999, 

Danny’s Market submitted a Bank Express Lease Application, to Bank Express, whereby 

Danny’s Market requested Bank Express to secure Danny’s Market a lease agreement for 

an ATM with a third party leasing company. Danny’s Market’s Lease Application 

clearly identifies the former principal place of business of Bank Express across its bottom 

as “8 Cynwyd Road, Suite 100, Bala Cywnyd, PA 19004.” A copy of Danny’s Market’s 

Lease Application is attached to Plaintiff’s Amended Complaint and marked as Exhibit 

“H.” 

 36. Based upon information and belief, on or about October 18, 1999, Bank 

Express secured Danny’s Market a lease agreement with ACH LEASING. This lease 

agreement was secured by Bank Express from its then principal place of business in Bala 

Cynwyd, Pennsylvania. 

37. Based upon information and belief, on or about October 18, 1999, 

Danny’s Market entered a written agreement (“Danny’s Market Agreement”) with Bank 

Express whereby Bank Express offered and Danny’s Market accepted, monthly 

electronic automated teller machine processing services from Bank Express for a period 

of five (5) years. A copy of the Danny’s Market Agreement is attached to Plaintiff’s 

Amended Complaint and marked as Exhibit “I.” 

 38. Based upon information and belief, Danny’s Market’s Agreement 

identifies the address of Bank Express as “8 Cynwyd Road, Suite 100, Bala Cywnyd, PA 

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19004.” Additionally, Danny’s Market’s Agreement specifically states that the contract 

was formed in Montgomery County, Pennsylvania. 

 39. Based upon information and belief, between November 1999 and February 

2002, Danny’s Market received and cashed monthly surcharge checks mailed by Bank 

Express to Danny’s Market. Bank Express mailed said checks to Danny’s Market from 

either its principal place of business in King of Prussia or its former principal place of 

business in Bala Cynwyd, Pennsylvania. 

 40. Based upon information and belief, on or about February 2002, Danny’s 

Market breached the Danny’s Market agreement by unilaterally terminating Bank 

Express’ services before the expiration of the Danny’s Market Agreement’s term and by 

refusing, despite demand, to return its ATM processing services to Bank Express. 

 41. Based upon information and belief, Defendant, Jeong Kim, is an 

individual trading as Club House Café & Lounge (“Club House”), with a business 

address of 1010 S. Wolfe Road, Sunnyvale, CA 94086. 

42. Based upon information and belief, on or about May 31, 2001, Club 

House entered a written agreement (“Club House Agreement”) with Bank Express 

whereby Bank Express offered and Club House accepted, monthly electronic automated 

teller machine processing services from Bank Express for a period of five (5) years. 

 43. Based upon information and belief, Club House’s Agreement was signed 

by Club House’s agent on May 31, 2001 and became effective when reviewed and 

accepted by me in King of Prussia, Pennsylvania. A copy of the Club House Agreement 

is attached to Plaintiff’s Complaint and marked as Exhibit “J.” 

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44. Based upon information and belief, between June 2001 and March 5, 

2002, Club House received and cashed monthly surcharge checks mailed by Bank 

Express to Club House. Bank Express mailed said checks to Club House from either its 

principal place of business in King of Prussia, or its former principal place of business in 

Bala Cynwyd, Pennsylvania. 

45. Based upon information and belief, on or about March 5, 2002, Club 

House breached the Club House Agreement by unilaterally terminating Bank Express’ 

services before the expiration of the Club House Agreement’s term and by refusing, 

despite demand, to return its ATM processing services to Bank Express. 

46. Based upon information and belief, Defendant, Young Bin Yu, is an 

individual trading as West Side Liquor (“West Side”), with a business address of 1272 

San Juan Road, Hollister, CA 95023. 

47. Based upon information and belief, on or about May 30, 2001, West Side 

submitted a Bank Express Lease Application, to Bank Express, whereby West Side 

requested Bank Express secure West Side a lease agreement for an ATM with a third 

party leasing company. West Side’s Lease Application clearly identifies the principal 

place of business of Bank Express across the bottom as “Bank Express International 489 

Shoemaker Rd. Ste. 110, King of Prussia, PA 19406.” A copy of West Side’s 

Application is attached to Plaintiff’s Amended Complaint and marked as Exhibit “K.” 

48. Based upon information and belief, on or about May 30, 2001, West Side 

entered a written agreement (“West Side Agreement”) with Bank Express whereby Bank 

Express offered and West Side accepted, monthly electronic automated teller machine 

processing services from Bank Express for a period of five (5) years. 

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 49. Based upon information and belief, West Side’s Agreement was signed by 

West Side’s agent on May 30, 2001 and became effective when accepted and signed by 

me on or about May 30, 2001 in King of Prussia, Pennsylvania. A copy of the West Side 

Agreement is attached to Plaintiff’s Amended Complaint and marked as Exhibit “L.” 

50. Based upon information and belief, between June 2001 and February 7, 

2002, West Side received and cashed monthly surcharge checks mailed by Bank Express 

to West Side. Bank Express mailed said checks to West Side from either its principal 

place of business in King of Prussia or its previous principal place of business in Bala 

Cynwyd, Pennsylvania. 

51. Based upon information and belief, on or about February 7, 2002,West 

Side breached the West Side Agreement by unilaterally terminating Bank Express’ 

services before the expiration of the West Side Agreement’s term and by refusing, despite 

demand, to return its ATM processing services to Bank Express. 

 52. Based upon information and belief, Defendant, Karen Ha, is an individual 

trading as Elcamino Mongolian BBQ (“Elcamino”), with a business address of 3380 El 

Camino Real, Santa Clara, CA 95051. 

 53. Based upon information and belief, on or about September 20, 1999, 

Elcamino completed a Bank Express ATM Order Form wherein Elcamino requested 

Bank Express order an ATM for Elcamino. Said ATM Order Form clearly indicates the 

former business address for Bank Express in the upper left hand corner. The document 

states “Bank Express of Philadelphia, 8 Cynwyd Road & Union Avenue, Bala Cynwyd, 

Pennsylvania 19004.” A copy of the ATM Order Form is attached to Plaintiff’s 

Amended Complaint and marked as Exhibit “M.” 

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54. Based upon information and belief, on or about September 11, 1999, 

Elcamino submitted a Bank Express Lease Application, to Bank Express, whereby 

Elcamino requested Bank Express secure Elcamino a lease agreement for an ATM with a 

third party leasing company. Elcamino’s Lease Application clearly identifies the former 

principal place of business of Bank Express across the bottom as “8 Cynwyd Road, Suite 

100, Bala Cynwyd, PA 19004” A copy of Elcamino’s Lease Application is attached to 

Plaintiff’s Amended Complaint and marked as Exhibit “N.” 

 55. Based upon information and belief, on or about September 20, 1999, Bank 

Express secured a lease agreement for Elcamino with ACH LEASING. This lease 

agreement was secured by Bank Express from its principal place of business in King of 

Prussia, Pennsylvania. 

56. Based upon information and belief, on or about September 20, 1999, 

Elcamino entered a written agreement (“Elcamino Agreement”) with Bank Express 

whereby Bank Express offered and Elcamino accepted, monthly electronic automated 

teller machine processing services from Bank Express for a period of five (5) years. 

57. Based upon information and belief, Elcamino’s Agreement was signed by 

Elcamino’s agent on or about September 20, 1999 and became effective when accepted 

and signed by me on or about September 20, 1999 in King of Prussia, Pennsylvania. A 

copy of the Elcamino Agreement is attached to Plaintiff’s Amended Complaint and 

marked as Exhibit “O.” 

 58. Based upon information and belief, between October 1999 and February 

2002, Elcamino received and cashed monthly surcharge checks mailed by Bank Express 

to Elcamino. Bank Express mailed said checks to Elcamino from either its principal 

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place of business in King of Prussia or its former principal place of business in Bala 

Cynwyd, Pennsylvania. 

59. Based upon information and belief, on or about February 2002, Elcamino 

breached the Elcamino Agreement by unilaterally terminating Bank Express’ services 

before the expiration of the Elcamino Agreement’s term and by refusing, despite demand, 

to return its ATM processing services to Bank Express. 

60. Based upon information and belief, Defendant, Ragvinder Sandhu, is an 

individual trading as Bonfare Market #24 (“Bonfare”), with a business address of 211 

Port Chicago #4 West, Bay Point, CA 94565. 

61. Based upon information and belief, on or about May 24, 2000, Bonfare 

submitted a Bank Express Lease Application, to Bank Express, whereby Bonfare 

requested Bank Express secure Bonfare a lease agreement for an ATM with a third party 

leasing company. Bonfare’s Lease Application clearly identifies the principal place of 

business of Bank Express across the bottom as “8 Cynwyd Road, Suite 100, Bala 

Cynwyd, PA 19004.” A copy of Bonfare’s Lease Application is attached to Plaintiff’s 

Amended Complaint and marked as Exhibit “P.” 

 62. Based upon information and belief, on or about April 17, 2000, Bank 

Express secured a lease agreement for Bonfare with ACH LEASING. This lease 

agreement was secured by Bank Express from its principal place of business in King of 

Prussia, Pennsylvania. 

63. Based upon information and belief, on or about April 25, 2000, Bonfare 

entered a written agreement (“Bonfare Agreement”) with Bank Express whereby Bank 

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Express offered and Bonfare accepted, monthly electronic automated teller machine 

processing services from Bank Express for a period of five (5) years. 

64. Based upon information and belief, Bonfare’s Agreement identifies the 

address of Bank Express as “8 Cynwyd Road, Suite 1000, Bala Cynwyd, PA 19004.” A 

copy of the Bonfare Agreement is attached to Plaintiff’s Amended Complaint and marked 

as Exhibit “Q.” 

 65. Based upon information and belief, between May 2000 and February 8, 

2002, Bonfare received and cashed monthly surcharge checks mailed by Bank Express to 

Bonfare. Bank Express mailed said checks to Bonfare from its principal place of 

business in King of Prussia or from its former principal place of business located in Bala 

Cynwyd, Pennsylvania. 

66. Based upon information and belief, on or about, February 8, 2002, 

Bonfare breached the Bonfare Agreement by unilaterally terminating Bank Express’ 

services before the expiration of the Bonfare Agreement’s term and by refusing, despite 

demand, to return its ATM processing services to Bank Express. 

67. Based upon information and belief, Defendant, Hamond Ku, is an 

individual trading as Bill of Fare (“Bill of Fare”), with a business address of 1005 

Saratoga Avenue, San Jose, CA 95129. 

 68. Based upon information and belief, on or about April 27, 2000, Bank 

Express secured a lease agreement for Bill of Fare with Smart Cash Leasing. This lease 

agreement was secured by Bank Express from its principal place of business in King of 

Prussia, Pennsylvania. 

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69. Based upon information and belief, on or about April 27, 2000, Bill of 

Fare entered a written agreement (“Bill of Fare Agreement”) with Bank Express whereby 

Bank Express offered and Bill of Fare accepted, monthly electronic automated teller 

machine processing services from Bank Express for a period of five (5) years. A copy of 

the Bill of Fare Agreement is attached to Plaintiff’s Amended Complaint and marked as 

Exhibit “R.” 

70. Based upon information and belief, Bill of Fare’s Agreement identifies the 

address of Bank Express as “8 Cynwyd Road, Suite 1000, Bala Cynwyd, PA 19004.” 

 71. Based upon information and belief, between May 2000 and May 8, 2002, 

Bill of Fare received and cashed monthly surcharge checks mailed by Bank Express to 

Bill of Fare. Bank Express mailed said checks to Bill of Fare from either its principal 

place of business in King of Prussia or its former principal place of business in Bala 

Cynwyd, Pennsylvania. 

72. Based upon information and belief, on or about May 8, 2002, Bill of Fare 

breached the Bill of Fare Agreement by unilaterally terminating Bank Express’ services 

before the expiration of the Bill of Fare Agreement’s term and by refusing, despite 

demand, to return its ATM processing services to Bank Express. 

73. Based upon information and belief, Defendant, Yeo Jung Lee and/or 

Secatide, Incorporated is an individual and/or is a corporation trading as Hiway Liquor 

(“Hiway”), with a business address of 1950 Fremont Blvd., Seaside, CA 93955. 

 74. Based upon information and belief, on or about April 6, 2000, Hiway 

submitted a Bank Express Lease Application to Bank Express, whereby Hiway requested 

Bank Express secure Hiway a lease agreement for an ATM with a third party leasing 

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company. Hiway’s Lease Application clearly identifies the former principal place of 

business of Bank Express across the bottom as “8 Cynwyd Road, Suite 100, Bala 

Cynwyd, PA 19004.” A copy of Hiway’s Lease Application is attached to Plaintiff’s 

Amended Complaint and marked as Exhibit “S.” 

 75. Based upon information and belief, between May 2, 2000 and May 3, 

2002, Bank Express attempted to secure Hiway a lease agreement with four (4) different 

leasing companies. All attempts were rejected, as Hiway had derogatory credit, 

insufficient credit and/or minimal personal credit. All attempts to secure Hiway a lease 

agreement were made by Bank Express from its principal place of business in King of 

Prussia, Pennsylvania. 

 76. Based upon information and belief, on or about May 3, 2000, Bank 

Express leased an ATM from ACH LEASING LLC. and provided said machine to 

Hiway, at Hiway’s location in California. Bank Express entered this lease from its 

principal place of business in King of Prussia, Pennsylvania. Bank Express leased the 

ATM in reliance upon a five (5) year ATM Site Location Agreement (“Location 

Agreement”) between Bank Express and Hiway. A copy of same is attached to 

Plaintiff’s Amended Complaint and marked as Exhibit “T.” 

 77. Based upon information and belief, between June 2000 and February 

2002, Hiway received and cashed monthly surcharge checks mailed by Bank Express to 

Hiway. Bank Express mailed said checks to Hiway from either its principal place of 

business in King of Prussia or its former principal place of business in Bala Cynwyd, 

Pennsylvania. 

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 78. Based upon information and belief, on or about February 2002, Hiway 

breached the Hiway agreement by unilaterally terminating Bank Express’ services before 

the expiration of the Hiway Agreement’s term and by refusing, despite demand, to return 

its ATM processing services to Bank Express. 

 79. Hereinafter, the above-identified Defendants will be collectively referred 

to as the “Business Owner Defendants.” 

 80. Based upon information and belief, in addition to the above-referenced 

actions, Bank Express mailed each Business Owner Defendant, during the pendency of 

the respective agreements, a monthly transaction summary. All surcharge checks and 

transaction summaries were prepared, mailed and identified as originating from the then 

current principal place of business of Bank Express within the Commonwealth of 

Pennsylvania. 

 81. Based upon information and belief, Bank Express has performed all of its 

obligations pursuant to the Agreements with the Business Owner Defendants in a 

complete, timely and satisfactory manner. 

 82. Based upon information and belief, the Business Owner Defendants 

accepted the performance of Bank Express knowing Bank Express would expect payment 

for services rendered. 

 83. Based upon information and belief, the Business Owner Defendants 

accepted the performance of Bank Express knowing Bank Express would expect the 

Business Owner Defendants to honor their respective Agreements for the length of the 

Agreements. 

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 84. Based upon information and belief, Defendant, Soo Y. Kang, d/b/a Bank 

Card Service, Incorporated and or d/b/a Bank Card Services (“BCS”) is in the business of 

providing ATM services similar to those that Bank Express offers its clients, such as the 

Business Owner Defendants. 

 85. Based upon information and belief, BCS hired, or formed a business 

relationship with, two former employees of Bank Express, namely an individual known 

as Joone Johe (“Johe”) and an individual known as Bill Choy (“Choy”). 

 86. I believe, based on information provided to me by Bank Express 

Employees, various Business Owner Defendants, Johe, Choy, and Jay Suh (“Suh”), an 

employee of BCS, that at all times relevant hereto, Johe and/or Choy and/or Suh acted in 

their individual capacities and as officers, agents, authorized representatives, servants 

and/or employees of BCS. 

 87. I believe, based on information provided to me by Bank Express 

Employees, various Business Owner Defendants, Johe, Choy and Suh, that at all times 

relevant hereto, BCS acted though its agents, authorized representatives, servants, 

employees and/or workmen, including, but not limited to Johe, Choy and/or Suh. 

 88. Based upon information and belief, prior to being associated with BCS, 

Johe and Choy were employed by Bank Express as sales representatives for its ATM 

services. 

 89. Based upon information and belief, pursuant to their employment with 

Bank Express, Johe and Choy were responsible for soliciting customers for Bank Express 

in the geographical areas wherein the Business Owner Defendants are located. 

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 90. Based upon information and belief, during the term of their employment 

with Bank Express, Johe and Choy had access to confidential information of Bank 

Express. Including but not limited to, customer lists, sources of supply, employees, 

personnel policies, sales and services merchandising, business plans, pricing/billing 

schedules, and copies of existing Agreements. Johe and Choy knew Bank Express was a 

Pennsylvania Corporation, headquartered in Pennsylvania and that the effect of their 

tortuous conduct would be felt directly in Pennsylvania. I believe Johe and Choy shared 

this information with BCS. 

 91. Based upon information and belief, all of the confidential information and 

items set forth above were, and should have been known by Johe and Choy, and later 

BCS, to be competitively sensitive information which Bank Express treated, and Johe, 

Choy, and later BCS, knew or should have known were given to Johe and Choy while 

Johe and Choy were held by Bank Express in positions of confidence and trust. Johe, 

Choy and later BCS, knew, or should have known, that Johe and Choy were to treat, as 

confidential, proprietary information inasmuch as the disclosure of such information and 

items would operate to the detriment of Bank Express, and to the commercial advantage 

of the competitors of Bank Express, such as BCS. 

 92. Based upon information and belief, during the term of Johe’s and Choy’s 

employment with Bank Express, Johe and Choy were the representatives of Bank 

Express in dealing with various Bank Express customers, including the Business Owner 

Defendants. 

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 93. I believe, based on information provided to me by Bank Express 

Employess, various Business Owner Defendants, Johe, Choy and Suh, that shortly after 

leaving the employ of Bank Express, Johe and Choy went to work with BCS. 

 94. Based upon information and belief, on or around the time Johe and Choy 

left employ with Bank Express, Johe and Choy took for their future use and for the future 

use of BCS, without the express or implied consent or permission of Bank Express, 

various confidential information and other assets belonging to Bank Express, including 

but not limited to confidential information concerning the Business Owner Defendants. 

This information included but was not limited to files, existing Agreements, pricing 

information, literature and sales copies of orders directly connected to the Business 

Owner Defendants and that Johe and Choy provided and gave BCS such confidential 

information. I am certain that Johe and Choy never returned such information to Bank 

Express and that they had access to such information before leaving Bank Express. 

 95. I believe, based on information provided to me by Bank Express 

Employees, various Business Owner Defendants, Johe, Choy and Suh, that Johe, Choy 

and BCS have used, and will continue to use, the confidential information belonging to 

Bank Express to their commercial and competitive advantage and to the commercial and 

competitive detriment of Bank Express. 

 96. Based upon information and belief, Johe, Choy and BCS have made 

disparaging and untrue comments about Bank Express to several of its customers, 

including the business Owner Defendants, for the sole purpose of causing harm to the 

business of Bank Express. Such comments include telling various Business Owner 

Defendants (and other Business Owners that that did not convert to BCS) that Bank 

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Express was a “bad” company, that Bank Express was “out of business” and that, in the 

event of service trouble, Bank Express would be unable to service a malfunctioning 

machine. In fact, right when the BCS conversion effort began, I believe Johe, Choy 

and/or other representatives of BCS approached a Bank Express Customer named Tan 

Lu. Mr. Lu owns a chain or establishments known as T.K. Noodle (“T.K.”). Bank 

Express services at least ten (10) of Mr. Lu’s ATM machines. I believe Johe, Choy, Suh 

and BCS explicitly targeted T.K. due to the value of the account. Mr. Lu had actually 

signed a contract with BCS but canceled same when he learned the truth about the Johe, 

Choy and/or BCS misrepresentations. 

 97. Based upon information and belief, following the T.K. conversion attempt, 

Johe, Choy and/or other BCS representatives, acting on their own and on behalf of BCS, 

approached many Bank Express customers, in particular the Business Owner Defendants, 

for the purpose of inducing the customers of Bank Express to cancel and breach their 

contracts with Bank Express. In fact, since the Original Complaint was filed I believe 

BCS, Johe, Choy and Suh have succeeded in converting three (3) additional accounts and 

have no intention of stopping. Additionally, in a dinner meeting with Suh that occurred 

on or about April 12, 2002, Suh explicitly told me he would not return the converted 

accounts, that a significant amount of money had been set aside for legal fees to litigate 

against a Bank Express Complaint and that BCS had, in fact, formed a business 

relationship with Johe and Choy. 

 98. Based on this information, and confirmation obtained by myself and other 

current and past employee’s of Bank Express from many of the Business Owner 

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Defendants, I believe the Business Owner Defendants left ATM servicing with Bank 

Express and went to servicing with BCS. 

 99. Based upon information and belief, Bank Express has and will continue to 

suffer irreparable harm if the actions of Johe, Choy, Suh and BCS are not enjoined, 

including but not limited to the loss of customers, profits, business reputation and market 

share, and the loss of confidential business information.

 100. Based upon information and belief, BCS, through its agents, authorized 

representatives, servants and/or employees has willfully, repeatedly and without 

justification made untrue comments to the clients and perspective clients of Bank Express 

for the sole purpose of causing injury to the business reputation and good will of Bank 

Express. 

 101. Based upon information and belief, the direct and proximate result of the 

aforesaid actions of BCS, is that Bank Express has suffered and will continue to suffer 

direct, irreparable injury and harm in Pennsylvania that is likely to continue unless 

enjoined. 

 102. Based upon information and belief, BCS on its own behalf has induced 

certain of the customers of Bank Express to breach their contracts with Bank Express and 

switch their ATM servicing from Bank Express to BCS. BCS directed this conduct at 

Bank Express knowing Bank Express is a Pennsylvania Corporation with its headquarters 

in Pennsylvania. I believe that BCS banked on geographic distance to protect it from the 

consequences of its tortuous conduct. 

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 103. Based upon information and belief, said acts of BCS were and continue to 

be without privilege, are otherwise wrongful and tortuous, are in complete disregard of 

the rights of Bank Express and are intended only to benefit BCS, to the complete 

detriment of Bank Express. 

 

BY: 

 Taek Im Kim, 

 Chief Executive Officer 

 Bank Express International, Inc. 

Sworn to and subscribed 

Before me this day 

of , 2002. 

NOTARY PUBLIC 

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