Justice Judith J. Gische
Shinhan Bank sought to enforce a note, loan agreement and guarantee executed by Evergreen. Shinhan moved for a default judgment against Evergreen on its claims for breach of contract, breach of guaranty and for attorneys’ fees. The court noted the motion was unopposed and found Evergreen never interposed an answer to the complaint. It stated Shinhan demonstrated Evergreen was in default, and entitled to judgment if it could establish a prima facie case. The court found an affidavit relied on by Shinhan established facts constituting its claims that Evergreen entered into a note, agreement and guaranty of debt with Shinhan, default by failing to make required payments and there was now substantial sums due and owing. Also, it found Evergreen executed a guaranty on behalf of non-party Green Cafe, who also defaulted in making required payments, and Evergreen failed to remit payment under the Cafe’s note upon demand. The court concluded Evergreen was contractually responsible for the Cafe’s outstanding payments, and because of its own default on a note, Shinhan was entitled to a default and a money judgment against Evergreen. Also, Shinhan was also entitled to a money judgment for its reasonable attorneys’ fees.
