Lawyer
Chapter 135 The Unwilling Mr. Meng
Chapter 135 The Unwilling Mr. Meng
"Warm congratulations, Ms. Yang Dandan from your company has been favored by my husband and has been favored many times. As the main wife, I propose marriage to your company and accept her as a concubine.
Wocao, isn't this just catching mistresses?Why are you writing so succinctly? Fang Yi put down the binoculars, turned around, and looked at Li Shuming in surprise.
"The person who pulls the banner is well-bred, and he deliberately shames the other party. That unit is also a disgraceful institution. It's better to do it like this than go to the office building to make trouble like a shrew. It doesn't matter whether the people inside or outside Everyone can see it, and it has great influence." Li Shuming said with a wicked smile on his face.
"No one cares where they stand and pull the banner?" Fang Yi asked.
"Control? How to control? They didn't cause trouble, they didn't set up a stall to occupy the road, and the content of the slogan was not illegal. Even the one who was called didn't say anything, so no one else cares.
It’s been a week, and it’s said that people from the office building across the street came out to negotiate with the migrant workers who were pulling the banners, but they had to do things for them if they took their money. The owner does not give the final payment.
How about it, those big brothers of migrant workers should be honest! " Li Shuming said with a chuckle.
"Gao, this move is really high enough." Fang Yi said with a look of admiration.
"I'll treat you to a big meal at noon." Li Shuming smiled.
"What kind of big meal are you eating? Let's get two dishes in your store and let's drink two cups. Don't go out." Fang Yi said hurriedly, not wanting Li Shuming to spend money.
"It doesn't matter, I didn't pay the bill. I have a friend who is also an old customer of Brilliant. I saw him frowning two days ago. I only found out after asking, and he was sued.
Later we talked about you. Didn't it just happen that you came here today, and he wanted to consult with you.Let me state first, there is no consulting fee.Whether you can take this case, you can talk to him yourself. "Li Shuming said.
"Well, no problem. Thank you!" Fang Yi knew that it was Li Shuming who introduced the case to him, and he was very grateful.
At noon, Fang Yi followed Li Shuming into the private room of a well-known private restaurant in the city.
Sitting in the private room was a bald, middle-aged man in his forties with a donkey face. When Li Shuming and Li Shuming entered the door, he was frowning and smoking.
"Mr. Meng, this is the lawyer Fang I mentioned to you. Lawyer Fang is a doctor of law from the University of Law. He used to teach law at the university, but now he is a lawyer." Li Shuming introduced.
"Hello, Lawyer Fang, please take a seat. Which law firm are you in now?" Mr. Meng got up immediately when he saw the two entered the door, and shook hands with Fang Yi enthusiastically.
"Lawyer Fang's family is in the county, so in order to take care of his family, he is now practicing in a law firm in the county below. You know the previous case of 'retaining a man under the sword', he was the one who represented him when he saved his life.
Not long ago, the intermediate court sentenced the case of contract fraud. After appealing to the provincial high court, the verdict was acquitted, and he was also represented.
There are even more civil cases. In the previous case where the European Garden District [-] was enforced, he acted as an agent for the house buyer, directly eliminated the bank's enforcement, and indirectly rescued hundreds of homeowners.The bank sees where the real estate is located, but they can't enforce it..." Li Shuming said lightly about Fang Yi's law firm, and then introduced his achievements at length, which made Mr. Meng nod frequently.
With such a good record, it is not the same in that law firm. The clients are looking after the lawyers, not the law firm. As long as the lawyers are really capable, the size of the law firm can be ignored.
"Let's order first, and chat while eating." Mr. Meng finished speaking, and asked the waiter to order.
After a while, the food and wine were served, and there were only three people left in the private room. After three rounds of wine and five flavors, Mr. Meng started talking.
"Lawyer Fang, I have something to ask you. Hey, I haven't been going well in the past few years. I told Mr. Li before that last year, a brother of mine, whose company was a little short of funds, wanted to talk to a financial institution. For the loan, the company felt that his qualifications were not enough, so he asked him to find someone to guarantee, and he found me.
At that time, his company had just received a big order and was in urgent need of capital turnover. I also felt that he could make a lot of money after completing the order, so I agreed and acted as a guarantor for him.
But who knew that the company that ordered from him went bankrupt at the beginning of this year, and the payment for the goods could not be paid back, so he was busy collecting debts all day long.
The loan from the financial institution is about to expire, and now my friend’s company is struggling to maintain it. How can there be money to repay the debt? People will definitely come to me for money. We understand that we are the guarantor. If the debtor does not pay the money, the guarantor will Have to pay back.
We all understand the principle of debt repayment.But the problem is that if I repay the money for him, my capital chain will be broken, and my company will also go bankrupt.
My friend has already filed a bankruptcy claim declaration, and he should be able to get back part of the purchase price. Although it can't cover all of it, it can also repay a large part. "Mr. Meng said.
"How much do you owe in total?" Fang Yi asked.
"There are more than 800 million in total, and the total loan is 1000 million. I paid back part of it before." Mr. Meng said: "This is the guarantee contract I signed when my friend took out the loan." Said, Mr. Meng handed over a contract to Fang Yi.
Fang Yi read the guarantee contract once: "Well, the guarantee contract stipulates personal insurance, not property insurance. There is no problem with its legality. What is your appeal now? To put it bluntly, what kind of result do you want to achieve?"
"I just want you to see if you can delay the time. After my friend gets the client's bankruptcy property, I will take a look at the situation and then assume the guarantee responsibility." Mr. Meng said.
"The guarantee contract stipulates a joint liability guarantee, not a general guarantee. If it is a general guarantee, then it will be the guarantor's turn to pay off the debt after the debtor is unable to repay the loan.
To put it bluntly, in the case of a general guarantee, even if the creditor pursues the debt, he must first pursue your friend. After your friend really has no property to enforce, it will be your turn.There is a sequence issue.
But joint liability does not involve this issue. The creditor can claim creditor's rights against you and your friends at the same time. Whoever has money, the creditor will execute.
As for the procrastination you mentioned, from the present point of view, it can only be procedurally extended, that is, after the first-instance judgment, you appeal to the second-instance trial, purely using the legally stipulated first-instance and second-instance proceedings to delay time.But in the end the court is going to make a judgment, and it is hard to say how long it will be delayed.
Generally speaking, it takes a long time for an enterprise to go bankrupt and liquidate. The older the factory, the more debts it has, and the longer the bankruptcy liquidation cycle.If you simply follow the procedure to delay the time, I am afraid that your request will not be met. "Fang Yi said.
He understood that Mr. Meng actually didn't want to be taken advantage of, but in fact he did provide a guarantee for others. The matter has been done, and it is impossible not to be involved.
"Does that mean that my case can't be settled? I have to pay back the money?" Boss Meng was a little unwilling.
(End of this chapter)
"Warm congratulations, Ms. Yang Dandan from your company has been favored by my husband and has been favored many times. As the main wife, I propose marriage to your company and accept her as a concubine.
Wocao, isn't this just catching mistresses?Why are you writing so succinctly? Fang Yi put down the binoculars, turned around, and looked at Li Shuming in surprise.
"The person who pulls the banner is well-bred, and he deliberately shames the other party. That unit is also a disgraceful institution. It's better to do it like this than go to the office building to make trouble like a shrew. It doesn't matter whether the people inside or outside Everyone can see it, and it has great influence." Li Shuming said with a wicked smile on his face.
"No one cares where they stand and pull the banner?" Fang Yi asked.
"Control? How to control? They didn't cause trouble, they didn't set up a stall to occupy the road, and the content of the slogan was not illegal. Even the one who was called didn't say anything, so no one else cares.
It’s been a week, and it’s said that people from the office building across the street came out to negotiate with the migrant workers who were pulling the banners, but they had to do things for them if they took their money. The owner does not give the final payment.
How about it, those big brothers of migrant workers should be honest! " Li Shuming said with a chuckle.
"Gao, this move is really high enough." Fang Yi said with a look of admiration.
"I'll treat you to a big meal at noon." Li Shuming smiled.
"What kind of big meal are you eating? Let's get two dishes in your store and let's drink two cups. Don't go out." Fang Yi said hurriedly, not wanting Li Shuming to spend money.
"It doesn't matter, I didn't pay the bill. I have a friend who is also an old customer of Brilliant. I saw him frowning two days ago. I only found out after asking, and he was sued.
Later we talked about you. Didn't it just happen that you came here today, and he wanted to consult with you.Let me state first, there is no consulting fee.Whether you can take this case, you can talk to him yourself. "Li Shuming said.
"Well, no problem. Thank you!" Fang Yi knew that it was Li Shuming who introduced the case to him, and he was very grateful.
At noon, Fang Yi followed Li Shuming into the private room of a well-known private restaurant in the city.
Sitting in the private room was a bald, middle-aged man in his forties with a donkey face. When Li Shuming and Li Shuming entered the door, he was frowning and smoking.
"Mr. Meng, this is the lawyer Fang I mentioned to you. Lawyer Fang is a doctor of law from the University of Law. He used to teach law at the university, but now he is a lawyer." Li Shuming introduced.
"Hello, Lawyer Fang, please take a seat. Which law firm are you in now?" Mr. Meng got up immediately when he saw the two entered the door, and shook hands with Fang Yi enthusiastically.
"Lawyer Fang's family is in the county, so in order to take care of his family, he is now practicing in a law firm in the county below. You know the previous case of 'retaining a man under the sword', he was the one who represented him when he saved his life.
Not long ago, the intermediate court sentenced the case of contract fraud. After appealing to the provincial high court, the verdict was acquitted, and he was also represented.
There are even more civil cases. In the previous case where the European Garden District [-] was enforced, he acted as an agent for the house buyer, directly eliminated the bank's enforcement, and indirectly rescued hundreds of homeowners.The bank sees where the real estate is located, but they can't enforce it..." Li Shuming said lightly about Fang Yi's law firm, and then introduced his achievements at length, which made Mr. Meng nod frequently.
With such a good record, it is not the same in that law firm. The clients are looking after the lawyers, not the law firm. As long as the lawyers are really capable, the size of the law firm can be ignored.
"Let's order first, and chat while eating." Mr. Meng finished speaking, and asked the waiter to order.
After a while, the food and wine were served, and there were only three people left in the private room. After three rounds of wine and five flavors, Mr. Meng started talking.
"Lawyer Fang, I have something to ask you. Hey, I haven't been going well in the past few years. I told Mr. Li before that last year, a brother of mine, whose company was a little short of funds, wanted to talk to a financial institution. For the loan, the company felt that his qualifications were not enough, so he asked him to find someone to guarantee, and he found me.
At that time, his company had just received a big order and was in urgent need of capital turnover. I also felt that he could make a lot of money after completing the order, so I agreed and acted as a guarantor for him.
But who knew that the company that ordered from him went bankrupt at the beginning of this year, and the payment for the goods could not be paid back, so he was busy collecting debts all day long.
The loan from the financial institution is about to expire, and now my friend’s company is struggling to maintain it. How can there be money to repay the debt? People will definitely come to me for money. We understand that we are the guarantor. If the debtor does not pay the money, the guarantor will Have to pay back.
We all understand the principle of debt repayment.But the problem is that if I repay the money for him, my capital chain will be broken, and my company will also go bankrupt.
My friend has already filed a bankruptcy claim declaration, and he should be able to get back part of the purchase price. Although it can't cover all of it, it can also repay a large part. "Mr. Meng said.
"How much do you owe in total?" Fang Yi asked.
"There are more than 800 million in total, and the total loan is 1000 million. I paid back part of it before." Mr. Meng said: "This is the guarantee contract I signed when my friend took out the loan." Said, Mr. Meng handed over a contract to Fang Yi.
Fang Yi read the guarantee contract once: "Well, the guarantee contract stipulates personal insurance, not property insurance. There is no problem with its legality. What is your appeal now? To put it bluntly, what kind of result do you want to achieve?"
"I just want you to see if you can delay the time. After my friend gets the client's bankruptcy property, I will take a look at the situation and then assume the guarantee responsibility." Mr. Meng said.
"The guarantee contract stipulates a joint liability guarantee, not a general guarantee. If it is a general guarantee, then it will be the guarantor's turn to pay off the debt after the debtor is unable to repay the loan.
To put it bluntly, in the case of a general guarantee, even if the creditor pursues the debt, he must first pursue your friend. After your friend really has no property to enforce, it will be your turn.There is a sequence issue.
But joint liability does not involve this issue. The creditor can claim creditor's rights against you and your friends at the same time. Whoever has money, the creditor will execute.
As for the procrastination you mentioned, from the present point of view, it can only be procedurally extended, that is, after the first-instance judgment, you appeal to the second-instance trial, purely using the legally stipulated first-instance and second-instance proceedings to delay time.But in the end the court is going to make a judgment, and it is hard to say how long it will be delayed.
Generally speaking, it takes a long time for an enterprise to go bankrupt and liquidate. The older the factory, the more debts it has, and the longer the bankruptcy liquidation cycle.If you simply follow the procedure to delay the time, I am afraid that your request will not be met. "Fang Yi said.
He understood that Mr. Meng actually didn't want to be taken advantage of, but in fact he did provide a guarantee for others. The matter has been done, and it is impossible not to be involved.
"Does that mean that my case can't be settled? I have to pay back the money?" Boss Meng was a little unwilling.
(End of this chapter)
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