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Chapter 159 How to fight a lawsuit

Lawyer Zhao wrote down what he learned from Guan Yuntian and sent it to the other party's bankruptcy liquidation agency in the name of Changda Group. However, it was not recognized. The other party insisted that Changda Group was a shareholder and the products taken away should be returned.

Go back or return the equivalent payment.

Guan Yuntian couldn't accept this determination at all, "Lawyer Zhao, do you think this lawsuit is worth fighting?"

"Mr. Guan, as long as the facts you stated to me are true, this lawsuit can be fought. However, with the strength of a county law firm like ours, I am a little powerless to face the public prosecution agency of S City." In order to be sure of victory, Lawyer Zhao

Would rather lower one's own worth.

"What can we do? Do you have any other ideas?"

"There are ways. It depends on your determination on this matter."

"As long as there is 1% hope, we must make 100% efforts and win the lawsuit at all costs! Changda Group does not have the status of a shareholder, but it must bear the responsibilities of a shareholder. Although it was due to negligence at the time and I regret it now, but

I will never accept this fact!" Guan Yuntian's attitude was very firm.

"Mr. Guan, if you are so determined, I would like to make a request."

"As long as it is conducive to winning the case, feel free to make any demands."

"I would like to invite a relatively famous lawyer from the capital to serve as the lead defender."

"Okay! Is there anyone familiar with you? Get in touch as soon as possible."

"However, inviting such a lawyer will incur additional costs."

"Hi! Didn't I say that as long as it helps win the case, I will do whatever it takes to invite famous lawyers in the capital. Of course, it will cost money. That's no problem. Just contact them as soon as possible."

Guan Yuntian is determined to win this lawsuit and has his own ideas. In Guan Yuntian's view, because of Director Liang's face, he invested 10 million to participate in the Hongyuan Company project. He was not an official shareholder for some reason.

There is no clear explanation for raising funds and borrowing money. This is the first time in his life that this has happened. He already feels very useless. He has not received any shareholder rights, but now he is asked to bear shareholder responsibilities. This is simply too much!

Think about it, Changda Group invested 10 million, and the decision-making and management of the project were not even close to him. Now that the company has been made bankrupt, he should be asked to bear the responsibilities of shareholders. There is no such reason in the world! Then again,

If Changda Group had been involved in decision-making and management from beginning to end, perhaps Hongyuan Company's health care product project would have been launched long ago, and it would not have ended up in bankruptcy and liquidation.

In fact, the facts of this lawsuit are clear. As long as the judgment is fair, it is not difficult for the defendant to win the case. However, Lawyer Zhao feels that a small local lawyer like himself in a county town is very unsure when facing the litigation authorities of first-tier cities. It is difficult to find a lawyer who is experienced in the industry.

There are some well-known lawyers inside, so you have a greater chance of winning the case.

With the support of Guan Yuntian, Lawyer Zhao found a lawyer with experience in asset disputes in Beijing through his university classmates to participate. It is said that this lawyer Zhong has handled more than ten asset disputes of bankrupt companies nationwide.

The cases were much more complicated than those faced by Changda Group, and none of them have been lost so far, which made him famous in the industry.

At the trial a month later, the prosecution and defense

As expected, the two parties had heated debates over issues such as the rights and obligations of shareholders, whether Changda Group was considered a shareholder, and whether the original investment of 10 million was considered a shareholding or a fund-raising loan. As Lawyer Zhao expected, without Lawyer Zhong from Beijing,

After all, the public prosecution agency in a certain district of City S would not take a lawyer from the county seriously.

The trial lasted three days. As the prosecution and defense refused to give in, the court was originally going to adjourn for out-of-court mediation. Lawyer Zhao asked Guan Yuntian for instructions, and Guan Yuntian asked: "Do you and Lawyer Zhong think we have a high chance of winning the case?"

"

"Through the court debates in the past two days, my feeling is that Changda Group had no fault. The only thing the other party grasped was why it did not follow the formal procedures in the first place."

"In this way, the possibility of winning the lawsuit is very high. If this is the case, then firmly refuse to agree to mediation. There must be a winner in this lawsuit. You and Lawyer Zhong don't have to worry. There is plenty of time, and funds are not a problem.

"Guan Yuntian Dao.

Lawyer Zhong also disagrees with mediation, because he has won all the cases that were much more complicated than this one. How could a case with such clear facts be concluded through mediation? Wouldn't that damage his reputation?

The two lawyers made some strategic adjustments. When the court resumed, faced with the prosecutor's questioning, Lawyer Zhao first gave a defense explanation, but the other party was obviously not satisfied.

Lawyer Zhong’s counterattack was very sharp, “Just because Changda Group invested 10 million yuan, you want to identify the defendant as a shareholder. This is not only inconsistent with the facts, but also inconsistent with the identity of the shareholder, because you can’t provide any evidence to prove my

The party concerned participated in the decision-making management of the other party's company. Even retail investors in the stock market may be elected as shareholder representatives to participate in the company's decision-making. The other party's company has the obligation to disclose information to retail investors. However, my client has neither this possibility nor the possibility.

I don’t know any information about the company. Are there such shareholders in the world?”

"How does the defendant's lawyer explain the two million dividends from the year before last?"

"The so-called dividends can only occur when the company makes profits from its operations. For a company that has suffered losses for many years and is now bankrupt, where do they get the profits? Since there is no profit, how can we talk about dividends? For the second question of the year before last,

One million, that can only be understood as the interest generated by the fund-raising loan. Although the interest is slightly higher than that of bank deposits and loans, it is by no means a dividend. This further confirms from the side that the 10 million invested by Changda Group is a fund-raising loan, and

Non-shareholding, because the company has no profits, there is no dividend at all, but the interest generated from the raised funds and loans, regardless of whether you have profits or not, you have to pay interest."

"Two lawyers, in your opinion, if Changda Group was not a shareholder, how could Hongyuan Company have allowed them to take away millions of yuan worth of products from the company six months ago?"

Lawyer Zhong said confidently: "Even if he is not a shareholder, after all, Changda Group invested 10 million, my client certainly hopes that Hongyuan Company will do a good job in the project. They learned that Hongyuan Company's sales are not smooth. As a friend, Changda Group

There is no malicious intention in wanting to take advantage of the convenience of my own company to help them sell products on behalf of others. If you meet a passerby and encounter difficulties, you have to help him, let alone a friend?"

"Hongyuan Company confirmed that it was your client who claimed that they were project shareholders and did not let them pay when they pulled the goods. How to explain this?"

"I would like to remind the prosecutor that during the contact process, the two parties said so many things casually that they can't remember, but they are unsubstantiated. The law is serious and only pays attention to tangible evidence. Besides, Changda Group is an entity manufacturing company.

Enterprises are not wholesale dealers. They are helping their friends out of good intentions, so why should they pay to pick up the goods? If Hongyuan Company insisted on my client paying at that time, Changda Group would not have provided help to them."

...

After the prosecution and defense argued for more than an hour, the presiding judge adjourned the case for half an hour.

After the trial reopened, the presiding judge announced in court: “Supporting the defendant’s lawyer’s claim, Changda Group is not a shareholder of Hongyuan Company’s health care products project!”

Winning this lawsuit means that Changda Group is also a creditor of Hongyuan Company. During the bankruptcy liquidation of Hongyuan Company, Changda Group also has the right to claim creditor's rights. Although the original investment of 10 million cannot be recovered, at least half a year ago

The health care products worth more than 7 million yuan taken away can be used as claims for claims and will not be recovered by the bankruptcy liquidation agency.

This matter was finally settled. Even the more than 600,000 yuan that could not be recovered, plus the cost of hiring Beijing lawyer Zhong and the cost of this lawsuit, the cost of the first trial of capital operation, a total loss of 150,000 yuan was made.

Yu Wan, this amount of money is nothing to Changda Group. He won the lawsuit and saved his face, which made Guan Yuntian quite happy.

Despite this, after the incident, Guan Yuntian also conducted deep reflection. He came to the conclusion that the face of his friends is important, but adhering to one's own principles is more important! If it were not for taking care of the face of Director Liang of Beijing, no matter what Hongyuan Company said

Despite all the hype, Guan Yuntian would not be able to spend 10 million to invest in a company that is one or two thousand kilometers away and has nothing to do with him! Losing more than one million is a trivial matter, and the value of the energy and time spent is

immeasurable.

After listening to Guan Yuntian's report on the outcome of the matter, Ding Xiangqian said: "This result is quite good. We have saved face and not caused much loss."

"Thanks to the early action, otherwise, even if Changda Group is not a shareholder, even if it is a creditor, the two places are more than a thousand kilometers apart, what can we get from the bankruptcy liquidation of Hongyuan Company?" Thinking about it now, Guan Yuntian still has lingering fears.

"This lawsuit is very important. Lawyer Zhao is a very down-to-earth person. He knows that he cannot win a lawsuit in a first-tier city with his reputation and strength, so he ignores his own face and actively asks to hire a famous lawyer in the capital. His kind of pragmatic work

His attitude is admirable. If he had cared about his own face, the three people from his firm would have gone ahead and lost the lawsuit. Not only would millions of dollars in goods be recovered, but where would the Changda Group's face be?

?" Ye Jiayi said.

"Yes, from this point of view, we should also thank Lawyer Zhao. Well, this matter has taught us profound lessons and has many things to reflect on. Now it has finally come to an end. This year is the fourth year of the agricultural project in the northern mountainous area.

, Manager Xu of the project told me a few days ago that a quarter of the walnut trees bore fruit last year, and this year the fruiting rate will reach half. Jiayi, how are the preparations for the walnut deep processing part that you are responsible for now? "
Chapter completed!
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