RANDALL & HOMEL, LLC

By: Glenn Randall, Esquire

1511 Norristown Road

Ambler, PA 19002

(215) 591-9843 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE 

EASTERN DISTRICT OF PENNSYLVANIA

________________________________________

:

MOON TAIK LIM :

2408 Saxony Drive :

Mount Laurel, NJ 08054 :

:

Plaintiff, :

: CIVIL ACTION 

:

v. : No.: 02-CV-4072

:

KABC :

Korean American Broadcasting Co. :

1925 W. Cheltenham Ave. :

:

THE KOREAN CENTRAL DAILY :

THE JOONGANG USA NEW YORK :

43-27 36 St :

LIC, NY 11101 :

:

THE KOREAN CENTRAL DAILY :

JOONGANG PHILADELPHIA BRANCH :

1925 W. Cheltenham Ave. :

Elkins Park, PA 19027 :

:

DONG A DAILY NEWS :

The Korean Daily Tribune, Inc. :

7300 Old York Road, Ste 213 :

Elkins Park, PA 19027 :

:

Defendants : _________________________________________

Case 2:02-cv-04072-MMB Document 11 Filed 12/20/2002 Page 1 of 9
AMENDED COMPLAINT

1. This is an action for money and equitable damages to redress the injury caused to

Plaintiff’s reputation in the community as a result of Defendants’ repeated defamatory statements 

made in the press and over radio airwaves in Pennsylvania and New Jersey.

PARTIES

2. Plaintiff, Moon Taik Lim, is a private adult individual currently residing at 2408

Saxony Drive, Mount Laurel, Burlington County, New Jersey.

3. Defendant, Dong A Daily News, upon information and belief, is a corporation

conducting business in the state of Pennsylvania with a place of business located at 7300 Old

York Road, Suite 213, Elkins Park.

4. Defendant, KABC, upon information and belief, is a corporation conducting

business in the state of Pennsylvania with a place of business located at 1925 W. Cheltenham

Avenue, Elkins Park, Montgomery County.

5. Defendant, The Korean Central Daily, or The Joongang USA New York, upon

information and belief, is a corporation conducting business in the state of Pennsylvania with a

place of business located at 43-27 36th St. Long Island County, New York.

6. Defendant, The Korean Central Daily, or the Joongang USA Philadelphia Branch, upon information and belief, is a corporation conducting business in the state of Pennsylvania

with a place of business located at 1925 W. Cheltenham Avenue, Elkins Park, Montgomery

County.

7. On several occasions, between January and April 2002, defendants made libelous

and slanderous per se false statements of fact with regard to Plaintiff. Defendants published and

re-published defamatory per se statements accusing Plaintiff, a Korean-American translator or

Case 2:02-cv-04072-MMB Document 11 Filed 12/20/2002 Page 2 of 9
Agent, for Jan-Pro Corporation, of deceptive practices, conversion of investment deposits, fraud, and conspiracy to defraud with regard to cleaning service franchise contracts entered into by

Korean-American nationals with Jan-Pro Corporation.

8. These defamatory per se accusations were negligently or intentionally and

willfully published and distributed with actual malice and actual knowledge of their falsity or

with reckless disregard of the truth to the general public by way of news media and radio

broadcast. JURISDICTION

9. This claim arises under 42 Pa C.S.A. 8343. Jurisdiction is invoked under the

provisions of 28 U.S.C. Sections 1331 and 1332. The pendent claims under Pennsylvania law are 

asserted pursuant to the Court’s supplemental jurisdiction, 28 U.S.C. 1367(a).

VENUE

10. This Honorable Court possesses venue pursuant to 28 U.S.C. 1391(a)(2).

COUNT I

Defamation

Statutory Claim for Penalties Under Statute 42 Pa C.S.A. 8343

11. The allegations contained in paragraphs 1 through 19 above are incorporated by

reference herein as if fully set forth below.

12. Between January and April 2002, Defendants negligently or intentionally with

actual malice or in reckless disregard for the truth did publish and re-publish defamatory per se

statements of fact with regard to Plaintiff in violation of 42 Pa C.S.A. 8343. As a result, Plaintiff

Case 2:02-cv-04072-MMB Document 11 Filed 12/20/2002 Page 3 of 9
has suffered serious damage to his reputation as a reliable and professional business person in the 

community.

13. Defamation per se is comprised of four categories which impute to another person 

a (1) false statement imputing criminal behavior; (2) false allegation that the plaintiff has a

loathsome disease; (3) false statement adversely reflecting on the plaintiff’s fitness to conduct

business; or (4) false allegation of serious sexual misconduct. Haltzman v. Brill, 29 Pa. D&C 4

th

356 (1995).

14. Defendants’ accusations constitute prima facia defamation per se on two separate

counts as they charge Plaintiff with the criminal offense of fraud or theft by deception and

conduct that is incompatible with his business, trade, or office by accusing Plaintiff of abusing

his professional position and office as a recruiter with Jan-Pro Cleaning System. 15. On or about February 8, 2002, The Dong-a Daily News printed and published an 

article entitled “Being Extreme of Cleaning Service Fraud” (see notarized copy of translation

into English from Korean, attached herein as EXHIBIT A), impugning that a “Korean recruit

agent and interpreter”, referring to Plaintiff Moon Taik Lim, defrauded and betrayed an

anonymous “Korean American” who “suffered a great loss of money” invested in a cleaning

business at the persuasion of Mr. Lim.

16. On or about February 19, 2002, The Dong-a Daily News printed and published an 

article entitled “Take Legal Action Against ‘Cleaning Service Fraud’” (see notarized copy of

translation into English from Korean, attached herein as EXHIBIT B), impugning both Jan-Pro 

Cleaning System and Plaintiff Moon Taik Lim of perpetrating “shameless fraud acts” against the

Korean American community and specifically attacked Mr. Lim’s morality and virtue as a

Christian.

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17. On or about February 21, 2002, The Joongang Ilbo printed and published an

article entitled “We Are the Victims of Cleaning Service Contract” (see notarized copy of

translation into English from Korean, attached herein as EXHIBIT C), impugning that Plaintiff

Moon Taik Lim “took advantage” of Korean American investors who were not fluent English

speakers and “took their jobs away under pretense of ‘poor at cleaning job’ and even did not

refund the deposit money” and persuading investors to sign contracts the content of which Lim is 

reported to have said is “not important”.

18. On or about February 23, 2002, The Joongang IIbo printed and published an

article entitled “The Victims of Cleaning Service Filing a Lawsuit” (see notarized copy of

translation into English from Korean, attached herein as EXHIBIT D), stating that the Korean

American Association of Greater New Jersey was organizing in an effort to file a lawsuit for

fraud against both Jan-Pro and Moon Taik Lim.

19. On or about February 23, 2002, The Dong-a Daily News printed and published an 

article entitled “Taking Legal Action Against Each Other; The Korean Victims and Jan-Pro of ‘Cleaning Service Fraud’ Case” (see notarized copy of translation into English from Korean, attached herein as EXHIBIT E), impugning that Plaintiff Moon Taik Lim was involved in a

discrimination scheme to intentionally and specifically defraud Korean Americans.

20. On or about February 23, 2002, The Joongang IIbo printed and published an

article entitled “Immorality of a Religious Person” (see notarized copy of translation into English 

from Korean, attached herein as EXHIBIT F), which attacked Plaintiff Moon Taik Lim’s

morality and virtue as a Christian by stating that “not everyone who goes to church loves other

and sacrifices himself for others as Jesus did” referring to Mr. Lim.

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21. On or about February 27, 2002, The Dong-a Daily News printed and published an 

article entitled “The Korean American Association of Greater New Jersey Requests ‘Collective

Action’ Against ‘Cleaning Service Fraud’ To Block The Cleaning Service Company Trying To

Contact Individually With The Victims” (see notarized copy of translation into English from

Korean, attached herein as EXHIBIT G) which discussed attempts by “Korean victims” to

negotiate settlements with Jan-Pro referring to the actions of Plaintiff.

22. On or about March 1, 2002, The Dong-a Daily News printed and published an

article entitled “I’ll Serve As A ‘Watchman’ For The Korean Community” (see notarized copy of

translation into English from Korean, attached herein as EXHIBIT H) in which Korean- American Mr. Suk-Jung Shin states that Plaintiff Moon Taik Lim promised work or return of Mr. 

Shin’s deposit if no employment is found for Mr. Shin. Mr. Shin accuses Mr. Lim of refusing to

return the deposit. 

23. Furthermore, Plaintiff’s reputation in the community is damaged by Defendants’ attacks on Plaintiff’s morality and adherence to the tenets of Christianity. The Restatement of

Torts (2

nd) 559 defines a defamatory statement as one that “tends to harm the reputation of

another as to lower him in the estimation of the community or to deter third persons from

associating or dealing with him.” The Korean American community is made up of highly

religious individuals who are repelled by those members of the community who seemingly

violate the Christian canon. To be branded as one who intentionally does not follow the basic

beliefs of this close community is to be ostracized.

24. Plaintiff, as a private individual, is entitled to presumed special and general

damages as well as punitive damages. As a direct and proximate result of this defamation,

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Plaintiff has suffered injuries, including but not limited to, suffering, embarrassment, humiliation, aggravation, anxiety, loss of enjoyment of life and life’s pleasures.

25. Furthermore, Plaintiff expressly demanded retraction of these defamatory per se

statements from each Defendant on March 1, 2002, and was refused by each Defendant. Such

refusal constitutes a basis for punitive damages. (Exhibit I, see attached letter to each defendant

with signed certified return receipts).

WHEREFORE, Plaintiff, Moon Taik Lim, demands judgment against the Defendants

for compensatory and punitive damages together with interest, attorney’s fees and costs of suit.

Date:__________ ____________________________________ Glenn Randall, Esquire

Attorney for Plaintiff

Case 2:02-cv-04072-MMB Document 11 Filed 12/20/2002 Page 7 of 9
CERTIFICATE OF SERVICE

I, GLENN RANDALL, ESQUIRE, certify that on the date set forth below a true and

correct copy of the Plaintiff’s Amended Complaint was sent by first-class mail, postage prepaid

to the following individual:

Michael D. Epstein, Esquire

Montgomery. McCracken, Walker & Rhoads, LLP

123 South Broad Street

Philadelphia, PA 19109 

Dated:___________ ______________________________________ Glenn Randall, Esquire

Attorney for Plaintiff

Moon Taik Lim

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