The Pioneer of the Rebirth Era
Vol 2 Chapter 1644: Out of contract
Latest website: The meal was a bit embarrassing, and he looked at Hu Changzhi in surprise, then turned to look at Yang Dongxu, and then at Qi Bin.
That means it seems to be asking, what is the relationship between Yang Dongxu and this Qi Bin, and whether he can help.
Of course, this meant what Hu Changzhi meant, not what he thought.
Hexin's only expression at this time is a bit embarrassing. I was having a headache for Daxing Garment Factory to press my own payment. I asked Yang Dongxu to help me. I didn't expect that I would meet the same sufferer when I went out for a meal.
Not only was Hexin a little dazed at this time, even Yang Dongxu was also taken aback.
In Hu Changzhi's eyes, these expressions are undoubtedly because the other party does not want to help him a little bit embarrassed, this is to shirk.
Seeing the other party's ‘meaning’, Hu Changzhi hesitated and lost a smile on his face. “If Boss Zhou is embarrassed, just treat it like I’m talking nonsense, and I’ll punish myself with three cups of guilt.”
Although he wanted to ask the other party to help, Hu Changzhi obviously didn't want to offend people. Although his garment factory is now having difficulties in operating due to the payment default of Daxing Garment Factory, otherwise he would not spend money to go to a well-known law firm to ask a lawyer to file a lawsuit.
However, he gritted his teeth and can support the turnover of the factory for the financial problem. It is not hopeless to get through this difficulty.
But if he offends Hexin, it’s a bit of a loss, because everyone in this industry knows that the boss of the garment factory who doesn't seem to be very powerful in front of him is backed by Hua Embroidery.
Although Huaxiu's orders are low in profit, it is not because anyone can receive the steady income. At least, Hu Changzhi spent a lot of effort, but he didn't figure out that the gate of Huaxiu opened there.
Hexin did not merge reasonable factories before, and borrowed money to expand the productivity of the current production line. There are only two companies in Jiaxing that can receive orders for Hua embroidery.
One is Hexin, the other is a reasonable factory that he merged with, and the two are cousins.
As a person who came by, he started from a small workshop in just a few years and became a big boss now worth tens of millions. Who would believe that he has nothing to do with Hua Embroidery.
Therefore, Hu Changzhi was afraid that his head would get hot and ask for help. If he didn't find a helper and found an enemy, it would not be worth the gain, so he quickly admitted his mistake. Sometimes small people often encounter this kind of self-doing things.
"Boss Hu misunderstood." Seeing that Hu Changzhi's expression and words are in harmony, I don't know that the other party is laughing. After all, even with Yang Dongxu's help, he started from a small workshop step by step.
"It's not that I didn't help Boss Hu, but that Daxing also kept me from paying more than three million yuan for the goods. I am also looking for a lawyer during this period to see if this matter can be resolved.
You know about the expansion of my new plant. The bank loan here is about to expire, so the funds are tight. This period of time is also a headache for this. "Hexin smiled bitterly.
Although everyone thinks he is a big boss worth tens of millions outside, his family knows about his family affairs. If you include fixed assets, this is indeed worth so much.
But even if the big boss is worth tens of millions, he doesn't even have a million in cash in his bank account. More than 90% of all the worth is in the factory and business.
"Daxing also suppressed Boss Zhou's money? Given your relationship with Huaxiu, he would dare to suppress your money?" Hu Changzhi's first reaction when he heard Hexin's remarks was surprised, obviously not believing it.
But looking at his heart-like expression, it doesn't seem to be a joke to myself anymore. What's more, this matter is obviously not necessary to come out and laugh.
And if he didn't want to help Don Sai for this reason, this would be too much. So since Hexin said so, then this matter is obviously true.
When Hexin heard the other party mentioning Huaxiu again, he subconsciously glanced at Yang Dongxu.
This incident made him not a normal embarrassment. In fact, after he started to expand productivity, he didn't think about continuing to cooperate with Hua Embroidery.
I even tried to talk about it. Although Huaxiu's orders are low in profit, it is still very popular because of the stability and the availability of orders. But the marketing manager at Huaxiu didn't hesitate to accept his request for more orders.
It was because he was a little greedy and not enough to swallow the elephant, and wanted to earn more, so he fell into the pit of Daxing clothing.
This was also after the incident, he did not dare to contact Yang Dongxu the first time, nor did he dare to go to Huaxiu to find someone he was acquainted with and sit down at the dinner table with the boss of Daxing. It's the reason to find relatives and friends to borrow money to relieve stress.
"There is nothing to lie to you about this matter, because this matter is too shameful, so the news..." Hexin smiled bitterly.
"This...this thing...really..." Hu Changzhi didn't know what to say for a while.
At this moment, Yang Dongxu, who had been sitting next to him without speaking, said, "You are being squeezed from the purchase price. Did you also give a deposit at the beginning to make you feel that this matter is stable?
Then after delivery, the other party accepted the delivery, but the money was not settled. Then it was writing a check again, and it was another guarantee agreement that had been delayed. "
"You are the same?" Hu Changzhi looked surprised.
He looked at Yang Dongxu who was talking, then looked at He Xin next to him, and He Xin nodded in embarrassment.
"Have you filed a lawsuit?" Qi Bin asked.
"I've filed a complaint, and the court can accept it everywhere, but after the final review, it will be notified, saying that this is a civil economic dispute, let us resolve it through consultation. If I can resolve it through negotiation, what kind of lawyer can I still spend money to fight for?" Hexin said.
"You have also been judged as a civil dispute." Hu Changzhi opened his mouth wide.
"So are you?" Hexin was stunned.
This is too coincidental, it is exactly the same without any deviation.
"I just got into a civil dispute after the lawsuit. I asked several law firms in Jiaxing. The answer I gave was to negotiate with the boss of Daxing Garment Factory. If I can negotiate, I still need to settle this matter everywhere. ?
So there is really no way. I heard that the law firm on Lawyer Qi's side is a well-known law firm on the Modu side. The winning rate of the lawsuit is very high. That's why I got Mr. Qi over at a high price. "
"Absolute praise, absurd praise. Every case is to do your best, do your best." Qi Bin said politely.
"How is your understanding of the case here? Do you have any ideas?" Yang Dongxu asked, adding a sentence after the question, "Of course, if there are regulations on relative privacy, just treat it as if I didn't ask."
"There must be privacy regulations, but..." Qi Bin said. He didn't finish speaking, but looked at Hu Changzhi next to him.
This privacy is obviously customer privacy. As for the privacy of the case, as an attorney, he can control his own measure, but the client's privacy requires the client to make the decision.
"Let's talk about it, since I have the same experience with Boss Zhou, there is nothing to conceal. If you sort it out, you can talk about it, and then even the single lawsuit of Boss Zhou will be accepted." Hu Changzhi said half-jokingly.
Qi Bin nodded, "I have almost understood the facts of the case. I have read all the signed contracts and supplementary agreements and checks.
If Mr. Zhou’s experience is consistent with my client, Mr. Hu. In this case, the court felt that there was nothing wrong with not giving penalties to civil disputes. "
"Why is there no problem? This is obviously the other party's breach of contract."
"That's how it is possible that there is nothing wrong. This is obviously because he is bullying others."
He Xin heard Qi Bin say this and immediately stopped complaining.
"Calm down, calm down and listen to Lawyer Qi continue to say." Yang Dongxu said.
Everyone looked at Qi Bin together.
"What I mean by no problem is that there is no problem within the scope of the contract. For example, when the contract is signed, the other party paid the deposit stipulated in the contract.
Although the balance was not settled, the other party wrote a check and signed a supplementary guarantee agreement. The focus is on this guarantee agreement. If you just write a check, you don’t have this agreement.
Then this is fraud, a breach of contract. But with this guarantee agreement, it's different. With this agreement, you agree to wait until the other company has money in the account before cashing the check.
And there is no money in the account of the other party, this is not a direct breach of contract, because the agreement is the main body, the check is only a supplementary clause, and the supplementary clause cannot be cashed, then it will be executed in accordance with the main contract.
Note that the other party did not violate the contract and did not say that he would not pay back the money, but the company had no money in the account, so it was judged to be a civil negotiation.
As for the misappropriation of money in the other party’s account, if the other party can provide a reasonable basis for using the company’s funds, he still does not have to bear legal responsibility.
At the same time, the most important point is that Daxing Clothing has been paying taxes. If he has such or that kind of tax evasion, even if he uses any so-called reasonable tax avoidance method, he will not pay taxes at all.
Then when you are suing the other party, the court will adopt a criminal case to impose penalties.
However, the other party’s company pays taxes reasonably and is a large local taxpayer. In the face of such disputes, in order to stabilize the local market and stabilize the business atmosphere. The court will generally decide civil disputes and let you negotiate for yourself. "
"How can this be done? I didn't want to sign that agreement, but the other party wouldn't pay if I didn't sign it. That's why I signed it. How can I understand so many twists and turns."
"That is, it is obviously that the other party is setting up a set. Moreover, the civil disputes that the court judged are negotiated by themselves. It is really because the other party pays taxes. There is so much protection. Is it possible that there is someone on the other party?"
"I don't know what you are talking about." Qi Bin said, "But even if there are people, it only provides some convenience.
Mainly because the other party is a large taxpayer, and the convenience provided on this basis. Without this premise, it would be easy for someone to do this.
After all, Jiaxing has a good business atmosphere, and in a place with a good business atmosphere, under normal circumstances, government law enforcement agencies will generally not make excessively bizarre business penalties.
For example, well-known scenic spots in the world are actually relatively safe, after all, only when personal safety is guaranteed can tourists come to travel. Your own safety cannot be guaranteed. Who wants to risk his life to travel?
The opposite is true for the commercial market. The general environment is relatively fair and just, and only when government agencies’ policies and enforcement are in place can businessmen invest with peace of mind. Given the market atmosphere in Jiaxing, even some people would not dare to be so unscrupulous.
But this man, the owner of Daxing Garment Factory, must be a veteran designer, or someone who has this kind of advice. Otherwise, this method should not be adopted for profit. "
"Then what should I do now, is there no way he can do it?"
Hu Changzhi and Hexin heard it a little bit in the cloud, and obviously didn't understand the twists and turns in it. But the other party did not violate the law, and the civil dispute was fine. This is still evident.
"If I didn't happen to meet Mr. Zhou today, then the method I took would be to negotiate with other lawyers first, take some losses and get back the capital, and then see if the other party has other loopholes.
But when I met Mr. Zhou today, I thought of a way to directly turn passiveness into activeness. "
"any solution?"
"Since the other party has delayed Mr. Hu's payment, and Zhou Xian's payment has been delayed, it is very likely that the other party has defaulted on other people's payment.
To handle this case in accordance with the contract dispute, unless a strong force can be found to put pressure on, otherwise the other party has been dragging on for civil mediation. We will indeed be passive here. "
Having said this, Qi Bin glanced at Yang Dongxu subconsciously, and then continued to speak, "So my solution is if the other party really suppresses the payment of a lot of goods, then we can unite these parties who are in arrears and jump directly out of the original. The contract sued the other party for illegal fund-raising.
I have briefly investigated the assets of Daxing Garment Factory, and the value assessment will not exceed 5 million. The company's own value is so low, and Daxing's clothing business can still do so much, which has a lot to do with his boss's personal connections.
For example, Daxing Garment Factory is said to be a garment factory, but there are not many production lines at all. Most of them use relationships to take orders with high profits, and then distribute these orders to other garment factories to make an intermediate price difference.
Doing nothing, but earning more than the people who do things, so it feels like the business is doing a lot, and all aspects are good.
Because Daxing Company's own value is not high, UU reading www.uukanshu. com and personal connections have no provisions in the law that can be materialized into specific properties.
So now Mr. Hu is in arrears of more than one million yuan, and Mr. Zhou is in arrears of more than three million yuan, which is more than four million yuan in arrears. Basically, the sum of the arrears of the two people is equal to Daxing. The market value of the company has gone.
Therefore, just find a few more merchants who are owed by the other party, as long as the other party's default payment exceeds the value of his company by a lot.
The guarantee agreement signed with the company as the guarantee collateral, because Daxing Company's own value is much higher than the funds raised in the words ‘raised’, this is a proper and illegal fundraising.
If the lawsuit is won, not only can you apply for enforcement of the other party's personal property to repay the debt, but you can also send the other party to prison. "
Hexin and Hu Changzhi's eyes lit up, and they said unanimously, "For this, we will sue him for illegal fund-raising."
"That's it. Since the other party is so courageous, it will definitely not only suppress the payment of our two families. There must be other victims."
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