Lawyer Zhao wrote down what he learned from Guan Yuntian and sent it to the bankruptcy liquidation agency of the other party in the name of Changda Group, but it was not recognized, and the other party insisted that Changda Group was a shareholder and should return the products that were taken away, or return the equivalent amount of money.

Guan Yuntian couldn't accept this determination at all, "Lawyer Zhao, do you think this lawsuit has to be fought?"

"Mr. Guan, as long as the facts you stated to me are true, this lawsuit can be fought, but with the strength of a county law firm like ours, I am a little powerless to face the public prosecution agency in S City. In order to win, Mr. Zhao would rather lower his value.

"What can you do?

"There is a way, it depends on your determination to do it. ”

"As long as there is one percent hope, we must make 100 percent efforts and win the lawsuit at any cost! Changda Group does not have the status of a shareholder, but it has to bear the responsibility of shareholders, although I regret it now because of negligence in my work, but I will never accept this fact!" Guan Yuntian was very resolute.

"Mr. Guan, if you have such determination, I would like to make a request. ”

"As long as it is conducive to winning the lawsuit, do not hesitate to mention any requirements. ”

"I would like to invite a well-known lawyer from Beijing to be the chief defender. ”

"Yes, is there anything familiar? ”

"However, there is an additional cost to invite such a lawyer. ”

"Hey, didn't I say it, as long as it is conducive to winning the lawsuit, I will not hesitate to invite a well-known lawyer in the capital, naturally I have to spend money, this is no problem, you just need to get in touch quickly." ”

Guan Yuntian is determined to win this lawsuit, he has his own ideas, in Guan Yuntian's view, at the beginning, because of the face of Director Liang, he invested 10 million to participate in the project of Hongyuan Company, and he was not a formal shareholder for any reason, and there was no clear statement for raising funds and loans, this kind of thing was the first time in his life, and it already made him feel very guilty, and now he was asked to bear the responsibility of shareholders without getting any shareholder rights, which is simply too deceitful!

Think about it, Changda Group invested 10 million yuan, the decision-making and management of the project can not even be sidelined, and now the enterprise is bankrupt, but let him bear the responsibility of shareholders, there is no such reason in the world! Then again, if Changda Group participated in decision-making and management from beginning to end, maybe Hongyuan Company's health care products project would have been done a long time ago, and it would not have fallen to the point of bankruptcy liquidation.

In fact, the facts of this lawsuit are clear, and as long as the judgment is fair, it is not difficult for the defendant to win the lawsuit. However, Mr. Zhao felt that a small local lawyer like him in a county town was very uncertain in the face of litigation authorities in first-tier cities, so he had a better chance of winning the case by finding a lawyer who was well-known in the industry.

With the support of Guan Yuntian, Mr. Zhao found a lawyer in Beijing who was very experienced in asset disputes through his university classmates, and it is said that this lawyer Zhong has accepted more than 10 cases of asset disputes of bankrupt enterprises across the country, and the cases are much more complicated than those faced by Changda Group, and he has not lost a single case so far, which has made him famous in the industry.

In the trial a month later, the prosecution and defense really debated the rights and obligations of shareholders, whether Changda Group was a shareholder, and whether the 10 million yuan invested at the beginning was a shareholding or a fund-raising loan. As lawyer Zhao predicted, if it were not for lawyer Zhong in the capital, the public prosecution agency in a district of S City would not have taken a lawyer from the county seat in its eyes at all.

The trial lasted for three days, and because the prosecution and defense did not give in, the court was going to adjourn for out-of-court mediation, but Lawyer Zhao asked Guan Yuntian for instructions, and Guan Yuntian asked, "Do you and Lawyer Zhong think that we are likely to win the case?"

"Through the court debate in the first two days, my feeling is that Changda Group is not at fault, and the only thing that the other party grasps is why it did not perform the formal procedures in the first place. ”

In this way, there is a high probability of winning the lawsuit, and if this is the case, then firmly disagree with mediation, and the lawsuit must be won or lost. You and Lawyer Zhong don't need to worry, time is available, and funding is not a problem. "Guan Yuntian said.

Mr. Chung also did not agree to mediation, because he had won all the more complicated lawsuits he had handled, so how could a case with such clear facts be settled through mediation? Isn't that a damage to his reputation?

The two lawyers made some strategic adjustments, and when the trial was held again, in the face of the prosecution's questioning, Mr. Zhao first made a defense, but the other party was obviously not satisfied.

Lawyer Zhong's counterattack was very sharp," Just because Changda Group contributed 10 million yuan, it is necessary to determine that the defendant is a shareholder, which is not only inconsistent with the facts, but also incommensurate with the identity of the shareholder, because you can't produce any evidence to prove that my client participated in the decision-making and management of the other party's enterprise, even if the retail investors in the stock market are also selected as shareholder representatives to participate in the decision-making of the enterprise, and the other party has the obligation to disclose information to retail investors, but my client has no such possibility, and has no knowledge of any information about the company, is there such a shareholder in the world?"

"How does the defendant's lawyer explain the two million dividends of the previous year?"

"The so-called dividends can only occur when the enterprise has made profits from its operations, and an enterprise that has been losing money year after year and has now gone bankrupt and closed down, where does it get its profits? Since there is no profit, how can we talk about dividends? As for the two million yuan of the previous year, it can only be understood as the interest generated by fund-raising loans, and although this 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 contributed by Changda Group is a fund-raising loan, not a shareholding, because the company has no profits, and there is no dividend at all, but the interest generated by the fund-raising loan, whether you have profits or not, is to pay interest. ”

"Two lawyers, in your opinion, if Changda Group is not a shareholder, how could Hongyuan Company let them pull millions of yuan worth of products from the company half a year ago?"

Lawyer Zhong said confidently: "Even if it is not a shareholder, after all, Changda Group has contributed 10 million, of course my client 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 wants to use the convenience of its own enterprise to help it sell products, this is not a malicious intention, meet passers-by in difficulties and still have to help, let alone friends?"

"Hongyuan Company confirmed that it was your client who claimed that they were shareholders of the project and did not let them pay when they pulled the goods, how can this be explained?"

"I would like to remind the prosecutor that there are so many things that the parties say casually during the contact that they can't remember, but the words are unfounded, and the law is serious and only focuses on real evidence. Besides, Changda Group is a physical manufacturing enterprise, not a wholesale distributor, and they are doing good things for their friends, so why should they pay to pick up the goods? If Hongyuan Company insisted on paying my client at that time, Changda Group would not have helped them. ”

......

After more than an hour of verbal exchange between the prosecution and defense, the presiding judge announced a half-hour adjournment.

After the reopening of the trial, the presiding judge announced in court: "Support 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, in the bankruptcy liquidation of Hongyuan Company, Changda Group also has the right to claim creditor's rights, although the original investment of 10 million yuan can not be recovered, at least half a year ago to pull away the value of more than 7 million yuan of health care products, can be used as a creditor's claim, will not be pursued 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 a lawyer in Beijing Zhong and the cost of this lawsuit, the cost of testing the capital operation for the first time, a total loss of more than 1.5 million, this money is nothing to Changda Group, the lawsuit was won, and the face was saved, which made Guan Yuntian quite pleased.

In spite of this, after the incident, Guan Yuntian also conducted a profound reflection, and he came to a conclusion, that is, the face of a friend is important, but it is even more important to adhere to one's own principles! If it were not for the sake of taking care of the face of Director Liang of the capital and allowing the Hongyuan Company to say that the sky would have fallen, Guan Yuntian would not have been able to take out 10 million yuan and invest it in an enterprise that was one or two thousand kilometers away and had nothing to do with himself! The loss of more than 1 million yuan is a trivial matter, and the value of the energy and time spent is immeasurable.

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

"Thanks to taking action in advance, otherwise, even if Changda Group is not a shareholder, even if it is a creditor, the two places are separated by more than a thousand kilometers, and Hongyuan Company is bankrupt and liquidated, what can we get?"

He knew that he could not win the lawsuit in a first-tier city with his fame and strength, so he took the initiative to hire a well-known lawyer in Beijing regardless of his own face, and his pragmatic work attitude was admirable. If he takes care of his own face, the three people in their firm will go up and lose the lawsuit, not only will the millions of goods be recovered, but where will the face of the Changda Group go?" Ye Jiayi said.

"Yes, from this point of view, we should also thank Lawyer Zhao. Well, this incident has a profound lesson, and there are many places to reflect on, and now it has finally come to an end. This year is the fourth year of the agriculture-related project in the northern mountainous area, and Mr. Xu of the project told me a few days ago that a quarter of the walnut trees bore fruit last year, and the fruiting rate will reach half this year.

The relevant issues have not been communicated for a long time, and Ye Jiayi was a little caught off guard by this.