ANDRE R. WOOD, District Judge.
Now Comes, Plaintiff, Richard Davis, by and through his attorney, Terrence M. Jordan, and moves this court for the entry of judgment. In support whereof, Plaintiff says as follows:
1. On September 11, 2019 Defendants, Harastream, Inc. and Miyu Enterprises, Inc., were held in default.
2. Harastream Inc. is a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Harastream").
3. Miyu Enterprises, Inc. (formerly known as Miyu Holdings, Inc.) is a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Miyu").
4. Miyu is the owner of Harastream and otherwise does business under the name Harastream Inc.
5. Mee Kwyung Lee (hereinafter "Lee") is the President of Harastream and Miyu.
6. On or about June 11, 2018, Davis was the Chief Technology Officer of Harastream.
7. On or about June 11, 2018, Lee orally accepted Davis' offer to sell to Harastream and Miyu twenty five (25) NBOX Touchscreen Displays (hereinafter "Displays") for $3,880 each on the following terms:
8. Davis immediately transferred title to all twenty-five Displays to Harastream and Miyu.
9. Harastream and Miyu timely paid for two (2) Displays.
10. Harastream and Miyu accepted delivery of twenty-four (24) Displays from Brockway Transportation LLC (hereinafter "Brockway") the shipping company.
11. Harastream and Miyu failed to pay any of the shipping costs.
12. Brockway has refused to pick up one of the Displays pending payment of prior shipping costs.
13. Davis performed all that he was required to perform under the contract for sale.
14. Davis in his capacity of Chief Technology Officer of Harastream, arranged with for the pickup and delivery of the Displays from twenty-five separate locations where the Displays were then located.
15. Miyu and Harastream owe Davis $89,240.00 for twenty-three (23) Displays.
16. Davis is entitled to prejudgment interest on the unpaid $89,240.00.
17. The Illinois Interest Act, 815 ILCS 205/2 provides as follows:
18. For the purposes of the prejudgment interest statute the principal amount of $89,240.00 was due to be paid on July 11, 2018.
19. Annual interest at 5% on the principal amount of $89,240.00 is $4,462.00 with daily interest being $12.12.
20. Prejudgment interest to November 19, 2019, the date of filing of this motion is $6,063.43.
21. The affidavit of Plaintiff; Richard Davis, in support of his motion for judgment is attached hereto.
WHEREFORE, Plaintiff prays that this court enter judgment in the principal amount of $89,240.00 and prejudgment interest in the amount of $6,063.43 for a total of $95,303.43 plus costs, all against Defendants, Harastream, Inc. and Miyu Enterprises, Inc., jointly and severally.
I, Richard Davis, having been duly sworn on oath state as follows:
1. I, Richard Davis am also known as Stien Davis.
2. I am competent to testify to the following from my own personal knowledge.
3. In 2019, Harastream Inc. was a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Harastream").
4. In 2019, Miyu Enterprises, Inc. (formerly known as Miyu Holdings, Inc.) was a Utah corporation doing business throughout the United States, including without limitation the State of Illinois (hereinafter "Miyu").
5. Miyu is the owner of Harastream and otherwise does business under the name Harastream Inc.
6. Mee Kwyung Lee (hereinafter "Lee") is the President of Harastream and Miyu.
7. On or about June 11, 2018, Davis was the Chief Technology Officer of Harastream.
8. On or about June 11, 2018, Lee orally accepted Davis' offer to sell to Harastream and Miyu twenty five (25) NBOX Touchscreen Displays (hereinafter "Displays") for $3,880 each on the following terms:
9. I immediately transferred title to all twenty-five Displays to Harastream and Miyu.
10. Harastream and Miyu timely paid for two (2) Displays.
11. Harastream and Miyu accepted delivery of twenty-four (24) Displays from Brockway Transportation LLC (hereinafter "Brockway") the shipping company.
12. Harastream and Miyu failed to pay any of the shipping costs.
13. Brockway has refused to pick up one of the Displays pending payment of prior shipping costs.
14. I performed all that I was required to perform under the contract for sale.
15. In my capacity of Chief Technology Officer of Harastream, I arranged with Brockway for the pickup and delivery of the Displays from twenty-five separate locations where the Displays were then located.
16. Miyu and Harastream owes me $89,240.00 for twenty-three (23) Displays.
17. I am entitled to prejudgment interest on the unpaid $89,240.00.
18. For the purposes of the prejudgment interest statute, 815 ILCS 205/2, the principal amount of $89,240.00 was due to be paid on July 11, 2018.
19. Annual interest at 5% on the principal amount of $89,240.00 is $4,462.00 with daily interest being $12.12.
20. Prejudgment interest to November 19, 2019, the date of filing of this motion is $6,063.43.
To: Mee Kwyung Lee, officer of Harastream Inc. Mee Kwyung Lee, officer of MIYU Enterprises Inc.
TAKE NOTICE that on
a copy of which is attached hereto and served upon you.