You became a lawyer and sent the judge in
Chapter 62 Judgment: The equity transfer agreement is invalid, and it needs to be withdrawn!
Chapter 62 Judgment: The equity transfer agreement is invalid, it must be withdrawn!
on the litigant's seat.
After Su Bai sorted out the materials, he opened his mouth slowly:
"Presiding judge, the materials we submitted are those of Shen Guang, the major shareholder and legal person in charge of Tianlan Construction Co., Ltd."
"According to the information."
"Shen Guang, the major shareholder and legal person in charge of Tianlan Construction Co., Ltd., is a person subject to enforcement and has no enforceable property under his name. Wu Qi transferred the equity to Shen Guang without any profit."
"According to Article 20 of the Company Law:"
"The shareholders and principals of the company shall not abuse the independent status of the company's legal person and the limited liability of shareholders to damage the interests of the company's creditors."
"At present, Wu Qi has transferred the equity and the legal person in charge to Shen Guang, which has seriously violated the interests of our client."
"I would like to ask Wu Qi, the accused party, that you have nothing to do with Shen Guang.
He does not have any ability and property to pay for your equities for peer-to-peer transactions.
Didn't you transfer the company's equity and legal person in charge to Shen Guang, didn't you want to evade the responsibility of the debt? "
"Or does it mean that this Shen Guang is capable of paying for the equity that you transferred?"
"May I ask the party being litigated, do you have proof that you can prove yourself that the other party paid you the equity transfer money?"
"If you can't prove yourself, then we have the right to believe that the other party is suspected of maliciously transferring the company's debts, and we apply to revoke the equity transfer contract of Wu Qi's company's equity and the legally responsible person!"
Several questions are linked together.
Ask Wu Qi to death, his head is foggy.
You said that you did not evade the debt maliciously, but has the other party paid you the due equity transfer payment?
If not, isn't it a proper failure to pay, isn't it considered a free gift of equity, maliciously evading debt?
If it is paid, how can Shen Guang, as a person subject to execution, have the money to pay for the equity transfer?
This evidence needs to be provided by Wu Qi!
But the problem is, Wu Qi has no evidence at all!
Shen Guang is a person subject to execution and has no property under his name.
This is also the main reason why Wu Qi chose Shen Guang as the legal person in charge and transferred the equity.
Based on the idea that if I have money, I will not pay it back. He really wants to avoid debts in this way.
Facing Su Bai's questioning, Wu Qi didn't know how to answer for a while, so he turned his attention to Zhang Xiao.
At this moment, Zhang Xiao realized that he had jumped into this pit!
was taken away by the other party.
Su Bai brought him back to the issue of maliciously avoiding debts!
on the bench.
Yu Zhenyang sounded the gavel.
Boom boom boom!
"The respondent, do you have any objections?"
Facing the questioning of Zhen Yang, the presiding judge, Zhang Xiao let out a long breath. Seeing the smile on the corner of Su Bai's mouth, he knew that he had fallen into the pit now.
However, the state of the table still needs to be expressed.
"Presiding judge, our objection is that our contract and the transfer of equity are legal and valid, and there is no subjective evasion of responsibility."
Yu Zhenyang glanced at the evidence materials, looked up at Zhang Xiao who was sitting on the lawsuit seat, and frowned slightly:
"Regarding what the litigant raised, do you have any evidence to prove that Shen Guang actually paid for the transfer of your equity?"
Faced with Zhenyang's words, Zhang Xiao still hesitated, but when he thought that he really had no way to prove it.
In case I said something wrong
Gee.
That's not Wu Qi's business, it's his business.
Zhang Xiao shook his head: "Judge, we have no evidence."
"Ok!"
Boom boom boom!
Yu Zhenyang sounded the gavel.
"The court determined on the spot that the party subject to the lawsuit, do you have any evidence to prove that Shen Guang paid your equity transfer payment, and do you have any objection to the determination?"
"Judge, we have no objection."
Boom boom boom!
Yu Zhenyang looked at Su Bai again: "Does the litigant have anything to add?"
"Judge, we have nothing to add."
"Ok!"
Yu Zhenyang nodded slightly, and struck the gavel again:
"In this case, Wu Qi, the former legal person and shareholder of Tianlan Construction Co., Ltd., maliciously transferred the company's debts. It is now judged that Wu Qi, Xie Yu, and Dong Qiang's transfer contract is invalid, and their share transfer agreement is revoked."
dong dong!
"Do both parties have any objections to this decision?"
After Su Bai heard the judgment result, the corners of his mouth slightly raised.
From the current point of view, with such a judgment, it is safe to recover the property!
The rescission of the equity transfer agreement meant that the other three had to bear Wan Henghao's wage arrears.
The main purpose of Wan Henghao's entrustment has been achieved.
After Li Xuezhen on the side heard the verdict, she fixed her eyes on Wu Qi, her little face was full of excitement.
A four-game winning streak is guaranteed!
"Judge, we have no objection."
Su Bai's voice fell, and he turned his gaze to the seat of the litigant.
"We have no objection."
Zhang Xiao spoke helplessly.
Wu Qi was sweating anxiously at the seat of the accused party:
"Lawyer Zhang, what's the situation now? Why did you decide that the share transfer agreement was revoked?"
"What to do now!"
"I'm not really convicted, am I...?"
Wu Qi, who was originally complacent, really panicked at this moment.
Zhang Xiao rubbed his temples, what else can he do now?
The judgment has been judged.
There is no way to change the facts. Although the share transfer agreement is legal, Wu Qi does have the fact and subjective will to evade debt maliciously.
The other party used step-by-step rhetoric to induce, causing one's own side to fall into the pit.
And the other party also brought up a key point, Shen Guang, the current equity owner and legal representative of Tianlan Construction Co., Ltd., is the person subject to execution, and he is unable to pay money to Wu Qi as the equity transfer fund.
If the transfer is free, the presiding judge will definitely determine that it is maliciously avoiding debts, and decide to withdraw the equity transfer!
And Wu Qi couldn't prove himself that he didn't evade debt maliciously.
Even if Wu Qi secretly gave Shen Guang a sum of money, as the person subject to execution, Shen Guang has no property under his name.
The source of the money will also be investigated, and Wu Qi was finally found and judged to be maliciously evading debt.
This hurdle is definitely not over.
Facing Wu Qi's inquiry, Zhang Xiao took a deep breath, and he didn't have any bottom line in his heart.
"Let's take one step at a time. The specific result depends on the subsequent defense."
Wu Qi looked a little nervous when he heard this.
Isn't the subconscious meaning of taking one step at a time and seeing one step at a time, that there is no bottom now?
"The follow-up defense, Lawyer Zhang, are you sure?"
"You have no enforceable property in your name. You are incapable of executing the ability to pay wages and you are not maliciously avoiding payment of labor wages. Continue the trial."
Hearing this, Wu Qi nodded slightly, heaving a sigh of relief.
Subconsciously raised his head and looked in Wan Henghao's direction.
I saw Li Xuezhen was staring at him intently, his eyes felt a little strange.
But where is the specific strangeness, I can't say.
What is this little girl doing?
(End of this chapter)
on the litigant's seat.
After Su Bai sorted out the materials, he opened his mouth slowly:
"Presiding judge, the materials we submitted are those of Shen Guang, the major shareholder and legal person in charge of Tianlan Construction Co., Ltd."
"According to the information."
"Shen Guang, the major shareholder and legal person in charge of Tianlan Construction Co., Ltd., is a person subject to enforcement and has no enforceable property under his name. Wu Qi transferred the equity to Shen Guang without any profit."
"According to Article 20 of the Company Law:"
"The shareholders and principals of the company shall not abuse the independent status of the company's legal person and the limited liability of shareholders to damage the interests of the company's creditors."
"At present, Wu Qi has transferred the equity and the legal person in charge to Shen Guang, which has seriously violated the interests of our client."
"I would like to ask Wu Qi, the accused party, that you have nothing to do with Shen Guang.
He does not have any ability and property to pay for your equities for peer-to-peer transactions.
Didn't you transfer the company's equity and legal person in charge to Shen Guang, didn't you want to evade the responsibility of the debt? "
"Or does it mean that this Shen Guang is capable of paying for the equity that you transferred?"
"May I ask the party being litigated, do you have proof that you can prove yourself that the other party paid you the equity transfer money?"
"If you can't prove yourself, then we have the right to believe that the other party is suspected of maliciously transferring the company's debts, and we apply to revoke the equity transfer contract of Wu Qi's company's equity and the legally responsible person!"
Several questions are linked together.
Ask Wu Qi to death, his head is foggy.
You said that you did not evade the debt maliciously, but has the other party paid you the due equity transfer payment?
If not, isn't it a proper failure to pay, isn't it considered a free gift of equity, maliciously evading debt?
If it is paid, how can Shen Guang, as a person subject to execution, have the money to pay for the equity transfer?
This evidence needs to be provided by Wu Qi!
But the problem is, Wu Qi has no evidence at all!
Shen Guang is a person subject to execution and has no property under his name.
This is also the main reason why Wu Qi chose Shen Guang as the legal person in charge and transferred the equity.
Based on the idea that if I have money, I will not pay it back. He really wants to avoid debts in this way.
Facing Su Bai's questioning, Wu Qi didn't know how to answer for a while, so he turned his attention to Zhang Xiao.
At this moment, Zhang Xiao realized that he had jumped into this pit!
was taken away by the other party.
Su Bai brought him back to the issue of maliciously avoiding debts!
on the bench.
Yu Zhenyang sounded the gavel.
Boom boom boom!
"The respondent, do you have any objections?"
Facing the questioning of Zhen Yang, the presiding judge, Zhang Xiao let out a long breath. Seeing the smile on the corner of Su Bai's mouth, he knew that he had fallen into the pit now.
However, the state of the table still needs to be expressed.
"Presiding judge, our objection is that our contract and the transfer of equity are legal and valid, and there is no subjective evasion of responsibility."
Yu Zhenyang glanced at the evidence materials, looked up at Zhang Xiao who was sitting on the lawsuit seat, and frowned slightly:
"Regarding what the litigant raised, do you have any evidence to prove that Shen Guang actually paid for the transfer of your equity?"
Faced with Zhenyang's words, Zhang Xiao still hesitated, but when he thought that he really had no way to prove it.
In case I said something wrong
Gee.
That's not Wu Qi's business, it's his business.
Zhang Xiao shook his head: "Judge, we have no evidence."
"Ok!"
Boom boom boom!
Yu Zhenyang sounded the gavel.
"The court determined on the spot that the party subject to the lawsuit, do you have any evidence to prove that Shen Guang paid your equity transfer payment, and do you have any objection to the determination?"
"Judge, we have no objection."
Boom boom boom!
Yu Zhenyang looked at Su Bai again: "Does the litigant have anything to add?"
"Judge, we have nothing to add."
"Ok!"
Yu Zhenyang nodded slightly, and struck the gavel again:
"In this case, Wu Qi, the former legal person and shareholder of Tianlan Construction Co., Ltd., maliciously transferred the company's debts. It is now judged that Wu Qi, Xie Yu, and Dong Qiang's transfer contract is invalid, and their share transfer agreement is revoked."
dong dong!
"Do both parties have any objections to this decision?"
After Su Bai heard the judgment result, the corners of his mouth slightly raised.
From the current point of view, with such a judgment, it is safe to recover the property!
The rescission of the equity transfer agreement meant that the other three had to bear Wan Henghao's wage arrears.
The main purpose of Wan Henghao's entrustment has been achieved.
After Li Xuezhen on the side heard the verdict, she fixed her eyes on Wu Qi, her little face was full of excitement.
A four-game winning streak is guaranteed!
"Judge, we have no objection."
Su Bai's voice fell, and he turned his gaze to the seat of the litigant.
"We have no objection."
Zhang Xiao spoke helplessly.
Wu Qi was sweating anxiously at the seat of the accused party:
"Lawyer Zhang, what's the situation now? Why did you decide that the share transfer agreement was revoked?"
"What to do now!"
"I'm not really convicted, am I...?"
Wu Qi, who was originally complacent, really panicked at this moment.
Zhang Xiao rubbed his temples, what else can he do now?
The judgment has been judged.
There is no way to change the facts. Although the share transfer agreement is legal, Wu Qi does have the fact and subjective will to evade debt maliciously.
The other party used step-by-step rhetoric to induce, causing one's own side to fall into the pit.
And the other party also brought up a key point, Shen Guang, the current equity owner and legal representative of Tianlan Construction Co., Ltd., is the person subject to execution, and he is unable to pay money to Wu Qi as the equity transfer fund.
If the transfer is free, the presiding judge will definitely determine that it is maliciously avoiding debts, and decide to withdraw the equity transfer!
And Wu Qi couldn't prove himself that he didn't evade debt maliciously.
Even if Wu Qi secretly gave Shen Guang a sum of money, as the person subject to execution, Shen Guang has no property under his name.
The source of the money will also be investigated, and Wu Qi was finally found and judged to be maliciously evading debt.
This hurdle is definitely not over.
Facing Wu Qi's inquiry, Zhang Xiao took a deep breath, and he didn't have any bottom line in his heart.
"Let's take one step at a time. The specific result depends on the subsequent defense."
Wu Qi looked a little nervous when he heard this.
Isn't the subconscious meaning of taking one step at a time and seeing one step at a time, that there is no bottom now?
"The follow-up defense, Lawyer Zhang, are you sure?"
"You have no enforceable property in your name. You are incapable of executing the ability to pay wages and you are not maliciously avoiding payment of labor wages. Continue the trial."
Hearing this, Wu Qi nodded slightly, heaving a sigh of relief.
Subconsciously raised his head and looked in Wan Henghao's direction.
I saw Li Xuezhen was staring at him intently, his eyes felt a little strange.
But where is the specific strangeness, I can't say.
What is this little girl doing?
(End of this chapter)
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