Chapter 15 Contract Defects

He Wenquan borrowed 50 million from Nangong Yun at a monthly interest rate of 2 cents and an annual interest rate of 12 million, and the interest for the first two years was given, but then there was really no money, and it has been delayed until now, and the interest has not been paid for more than ten years, and the interest alone is more than 100 million. Three years ago, Nangong Yun sued in court and demanded to return the money. As a result, the Intermediate People's Court of the first instance ruled to reject Nangong Yun's lawsuit, making Nangong Yun angry.

He Wenquan actually didn't want to repay the debt, but the company has not been able to raise funds, but the debt is increasing. He knew very well in his heart that if he wanted to solve the debt problem, it would never be possible to make money by running a business. Only by making project financing or loans bigger, as large as several billion yuan, can we launder money from development and construction and completely solve the problem of debt.

The lawsuit can drag on for three years, and it all depends on Lawyer Liu's efforts.

Ho remembers that three years ago, after receiving a summons from the court, he immediately called Mr. Liu to his office. I told Lawyer Liu about the situation and gave the information to Lawyer Liu.

The next day, Mr. Liu came to Ho's office on the 28th floor of the Provincial Financial Building early in the morning.

He Wenquan clearly remembers the first words that lawyer Liu said after meeting him: "Mr. He, good news! I have taken this lawsuit of yours." I'm basically 80% sure that I can help you win this lawsuit, and the court shouldn't order you to pay back this time. ”

"Don't pay back?" He Wenquan was stunned when he heard it.

"It's not that you won't pay back, it's just that this lawsuit won't sentence you to pay back. Lawyer Liu explained: "But the other party will definitely sue, and it is difficult for me to say next time." ”

"Really, then you've done a great job. It's not that I don't pay back, what I want is time, and you'd better drag on the lawsuit for a little longer, the longer the better. He Wenquan's mood relaxed a lot, and he asked, "Tell me how you are going to fight this lawsuit, why don't you have to pay back the money this time?" He Wenquan took a bottle of Evian mineral water from the refrigerator to Lawyer Liu and handed it to him.

"I took a look at the information, and you just signed a loan contract with He Wenquan, and also agreed on the loan interest. You also paid a second interest of 24 million yuan on time according to the requirements of the contract, right?" asked lawyer Liu.

"Yes, I gave 24 million, and there was really no way to do it in the third year, so I negotiated with Nangong Yun and converted the interest into a loan. In subsequent years, this method was also negotiated. He Wenquan explained a little embarrassed: "Then he didn't agree, no, the court's summons came." ”

"Then have you noticed such a problem? Nangong Yun didn't actually lend you money. Lawyer Liu said mysteriously: "You can also apply to recover from him in court if you pay his 24 million." ”

"What?" He Wenquan felt that Lawyer Liu was drunk, and he looked at Lawyer Liu suspiciously, and said emphatically: "He did lend me money, otherwise how could I pay him interest." ”

"Did he lend you money with a transfer certificate? With such a large sum of money, he shouldn't say that he gave it to you in cash?" asked lawyer Liu proudly.

"At that time, he transferred the money to a friend's company, and then from his friend's company to our company's account. He Wenquan explained: "The money did arrive in the account, and the loan contract was also written like this. ”

"It seems that you haven't read the contract carefully. Lawyer Liu unscrewed the cap of the mineral water, took a sip and said, "This contract has a big flaw, and it is basically certain that you have not borrowed money from Nangong Yun." And Nangong Yun didn't transfer money to you. Therefore, this time Nangong Yun's lawsuit in court with the IOU you wrote to him should be regarded as invalid. ”

"Really?" He Wenquan didn't understand, but immediately became interested: "You tell me about it." ”

"Let me briefly explain to you, your contract and transfer voucher can only prove that you borrowed money from this company. Although it also shows that this money was transferred by Nangong Yun to this company, and this company lent you this money. However, all the supporting materials they provided also stated that this company lent you money, and Nangong Yun did not lend you money directly. Lawyer Liu glanced at He Wenquan to see if he understood, and seeing that He Wenquan seemed to be nodding in understanding, he continued: "Therefore, it is completely untenable for Nangong Yun to use the IOU and share mortgage contract you wrote for him to file a lawsuit with the court to demand you to repay the money." It is only right that they should sue you in the name of the transfer company. Do you understand now?"

He Wenquan felt that he still didn't understand much, so he said: "But it is clearly written in the contract that the money was transferred by Nangong Yun to that company, and then transferred to me." I also wrote an IOU to Nangong Yun, why is his lawsuit invalid?"

"Looks like you still haven't understood. Lawyer Liu brushed his hair back with his right hand, poked the middle of the glasses frame with a food, pressed it upwards and said, "Let's tell you this." This money is his, but this company is lending you with his money, and if you want to repay the money, you can only pay it back to this company. So, only this company has the right to ask you for this money, do you understand it now?" Lawyer Liu leaned back on the sofa, observing He Wenquan's expression, he felt that He Wenquan should have a burst of surprise on his face now.

He Wenquan now fully understood what Lawyer Liu meant, so he said: "Nangong Yun now has an IOU, but there is no transfer certificate, so I can say: I wrote him an IOU, but he didn't transfer the money to me." So the borrowing is not valid. That company has a loan contract and a transfer certificate, so it proves that I just borrowed money from that company. Nangong Yun should sue that company, not me. After He Wenquan finished speaking, he laughed out loud with relief.

The lawsuit dragged on for more than a year due to lawyer Liu's efforts, and finally the court ended in rejecting Nangong Yun's lawsuit.

He Wenquan lit a cigarette and walked in circles in the garden. He was thinking about the many problems he would face after the holidays, and if one of them was not handled well, it could put the company out of business or get him out. In that case, he would lose the company that brought him wealth and his dream.

From the very beginning, Ho Wenquan planned to amass his wealth in round after round of financing construction. Coming from the countryside, he is deeply aware of the Chinese's attachment to the land, and his whole plan is to hold on to the land. In China, with its huge population, the continuous appreciation of land is the ideal way to make money lying down. The land is his roots, so no matter how much it appreciates, he will never give it away. Lin Jun persuaded him several times to sell the land to pay off his debts, but he resolutely disagreed. His answer to Lin Jun was: "You can't do the thing of killing chickens and taking eggs." Therefore, he has been firmly holding his borrowed "chicken", using his three-inch tongue to tell the wealth story of "chickens laying golden eggs" everywhere, and investing in himself by igniting the dream of others to get rich.

He Wenquan has been in the business world for many years, and he has figured out one thing, that is, what is "borrowing chickens to lay eggs". He knows that the borrowed "chicken" can't be killed, but whether he can lay golden eggs depends on how he packs them. He made up his mind that he would not return the "chicken", but the "eggs" laid could be shared with those who lent him the "chicken". He plans to secretly take some of each batch of eggs home, and accumulating these stolen "eggs" is his real ultimate goal. It is precisely because of these "eggs" that he has all these tens of millions of assets in the name of his children.

Although He Wenquan won Nangong Yun's lawsuit, he temporarily kept the "chicken". However, the "chicken" was mortgaged in Nangong Yun and was not released, and it cannot be used to lay "eggs" now.

Thinking of this, He Wenquan seemed a little restless in the garden. He knew that now that Nangong Yun had won the lawsuit, if he didn't give him enough "eggs", he would transfer the "chicken" to his name. In this way, he will completely lose the "chicken" of Guihuagou Tourism Development Company.

He Wenquan looked at his watch, it was already more than 3 o'clock in the morning on the first day of the Lunar New Year, and he thought that he should still call Lawyer Liu, otherwise he would not be able to sleep.

"Lawyer Liu, Happy New Year!" After the phone rang three times, He Wenquan knew that Lawyer Liu should have been woken up by his phone in a dream, so he said in the way of New Year's greetings: "Give you an early year!

"Happy New Year! He Dong! I will also give you an early year!" Lawyer Liu said sleepily, looked at the time on his mobile phone, and was stunned for a moment, "He Dong, you haven't slept so late?"

"Sorry to bother you so late. He Wenquan said politely: "There is an urgent matter I want to hear your opinion." ”

"Then don't hang up, I'll go to the bathroom first, I can't hold it back." Lawyer Liu said as he got up and walked to the bathroom.

"Okay!" replied Ho Wenquan. He wondered in his heart: Will Lawyer Liu give him some inspiration in a while, or what new discoveries can help him get through this hurdle? Could it be that God really wants to take his "chicken" away?

"He Dong, what makes you so anxious?" Lawyer Liu came back from the bathroom, leaned against the head of the bed, pulled the quilt, and covered his chest.

"It's so annoying, just now, Nangong Yun called Lin Jun. Let him tell me. If the money is not credited to his account within three days, he will go to the court and apply for enforcement. He Wenquan said with a little anger, "You are a lawyer, you see how this matter is handled." ”

"In three days?" said Lawyer Liu, laughing.

"What are you laughing at?" He Wenquan asked with some puzzlement.

"It's okay, you don't have to pay attention to him. Where did he go to apply for enforcement?" Lawyer Liu affirmed: "I don't think he can apply for 30 days." ”

"Why? As soon as he goes to work after the holiday, he should be able to apply, right?" He Wenquan didn't understand why Lawyer Liu said this, so he asked, "Do you have any way to restrain him?"

"That's not it, I'm just analyzing it based on the actual situation now. Lawyer Liu said with confidence.

"What is the actual situation?" He Wenquan felt a glimmer of hope.

"He Dong, you can sleep with peace of mind tonight. I can guarantee that it will take at least three months for Nangong Yun to apply to the court for enforcement. In these three months, we should be able to find a solution to the problem. Lawyer Liu said lightly.

"How did you get here for these three months?" He Wenquan was surprised. "Does it take three months for the court to enforce the procedure?" After all, He Wenquan did not care about the judicial process, so he asked tentatively.

"That's not either. It does take time to go through the procedure, but I guess a week should be enough. It's something else. Lawyer Liu didn't say the reason because he still needed to admit it. "He Dong, you go sleep with peace of mind now, I will check the relevant information, and then analyze the situation well. I'll give you an accurate answer tomorrow morning, can you?"