No. 581 Lao Zhao spoke
The 581st Lao Zhao spoke
Lu Development looked at Xiao Wang with an expectant face, did not answer his words, but smiled slightly, and changed the topic: "I haven't fished for a long time, my hands are itching again." Xiao Wang, you go and clean up a few of my fishing rods later, and after work in the afternoon, we will go to the yellow mud kan and come to the beach to fish at night. ”
Xiao Wang has long been familiar with Secretary General Lu's tricks of "tricking" Xuanxuan, and he was happy in his heart, but he said respectfully: "Boss, I'll clean it up." ”
Leaving Lu Development's office, Xiao Wang immediately dialed his cousin-in-law Mei Xiaolong's phone: "Brother-in-law, there is great news to inform you." Boss Lu is going to Huangnikan for night fishing, you can prepare over there and rush to Huangnikan at night......"
In the conference room on the third floor of the municipal FU, Lin Yuanfangzheng and all the members of the leading group of Dirui Leather Co., Ltd. listened to Peng Weimin, deputy dean of the Law School of Xiangyang University and an expert in foreign-related economic law, on the special legal analysis of the illegal evacuation of Dirui Leather Co., Ltd.
After Lin Yuanfang was appointed by the Standing Committee of the Municipal Party Committee as the leader of the leading group of Dirui Leather Company, the first thing he did was to call Song Wenshan, president of the Provincial High Court, and ask him to help recommend an expert who is "fine" in foreign-related economic law to serve as the legal adviser of the leading group. Regarding the matter of Lin Yuanfang's "handover", Song Wenshan naturally did not dare to slack off, and immediately contacted his old relationship, Professor Peng Weimin, the chief foreign-related legal expert in Xiangyang Province and deputy dean of the Law School of Xiangyang University, and asked him to go to Huanghai City to provide legal help to Lin Yuanfang.
At this moment, Peng Weimin is patiently doing legal analysis for Lin Yuanfang and all members of the work leading group:
"According to legal procedures, for a foreign-funded enterprise that has illegally withdrawn, the creditor may file a civil lawsuit against the company or its shareholders in the Chinese court on the grounds of recovering the arrears; It is also possible to request the local procuratorate to initiate criminal proceedings on charges of contract fraud and other crimes. However, in the case of Dirui Leather Goods Company, the company has almost no residual property except for some equipment that is on the verge of obsolescence, and the shareholders do not know the whereabouts, even if the creditor gets the civil judgment in favor of the lawsuit, it may be difficult to be enforced. Even if enforced, the compensation received by each creditor is quite limited. ”
"So can we hold the Korean business owner of Dirui Leather Company accountable through cross-border litigation?" Duan Ning asked.
"Speaking of the way of cross-border litigation," Peng Weimin glanced at Deputy Secretary-General Duan Ning, and said: "The idea is good, but there is considerable difficulty in implementing it. ”
Duan Ning didn't expect that his idea would be unceremoniously refuted by Peng Weimin, so he couldn't help but blush, and asked rhetorically, "Why?" ”
"The reason is very simple," Peng Weimin has a strong intellectual pedantic atmosphere, and he only cares whether his words are correct or not, and does not care about the way and method of speaking, he said: "Because this Korean entrepreneur named Kim Sang-hee invested in the establishment of Dirui Leather Company is a limited liability company. In this way, in principle, the lawsuit filed by the creditor can only be filed against the enterprise registered in China.......
Speaking of this, Peng Weimin paused slightly, glanced at the audience, and finally fell on Lin Yuanfang, spread his hands at Lin Yuanfang, and said: "Actually, this Korean boss named Kim Sang-hee runs the same as if she doesn't run, even if she stays in China, as long as she contributes enough, then the responsibility will not be held on her." ”
Lin Yuanfang has also carefully studied the relevant laws and regulations in the past two days, and fully understands what Peng Weimin means, he said: "That is, only when Kim Sang-hee established Dirui Leather Goods Company, the capital contribution was not in place, or there was a situation of 'pumping' funds to evade the company, so that she could be personally held jointly and severally liable, so as to list her as a co-defendant, conduct a cross-border lawsuit, and recover debts from her personally?" ”
"Yes, that's right." Peng Weimin nodded and said: "Judging from the materials currently available, whether it is the supplier, the Dinghe Village Village Committee or the bank, it is the relevant agreement signed by Kim Sang-hee's Korean-funded enterprise registered in China - Dirui Leather Company, and there is no direct legal relationship with Kim Sang-hee or her family illness, so including workers, they can only find Dirui Leather Company to recover debts or wages, and cannot recover debts from Kim Sang-hee and his family through cross-border litigation......"
There was silence at the venue, and the members of the work leading group had already considered in advance that it would be very tricky to deal with the abnormal evacuation of Dirui Leather Company, but they did not expect it to be so tricky. According to Peng Weimin, it is not feasible to recover debts from Kim Sang-hee and her family through cross-border litigation, so the only way to recover debts from Dirui Leather Company is through the legal means of domestic litigation. In the face of such a situation, even if the members of the leading group make great efforts, how can they come up with a satisfactory result for many creditors, including the workers, even if they make great efforts?
Before inviting Peng Weimin to come, Lin Yuanfang had basically come to the conclusion that it would not work to recover debts from Kim Sang-hee through legal means. This is also the reason why Hao Xiangqian is so fearless, because Hao Xiangqian has already understood the legal relationship here, and knows that there is no risk in this way Kim Sang-hee, not to mention that Kim Sang-hee has run back to South Korea?
However, for Lin Yuanfang, it is still necessary to invite Peng Weimin, a foreign-related legal expert, to come over and do a legal analysis for the members of the leading group, so that Lin Yuanfang's ambiguity in some details can be clarified, and it is also more convincing for the members of the leading group, after all, this authoritative conclusion was reached by the chief foreign-related legal expert of Xiangyang Province. In addition, Lin Yuanfang also wanted to see if there were other ways for an authoritative foreign-related legal expert like Peng Weimin to solve the problems faced by the leading working group. However, judging from the actual effect, Lin Yuanfang obviously did not achieve his goal, and even an authoritative expert like Peng Weimin, who is "fine" in foreign-related law, has no good solution in the face of such a situation.
At the reception banquet after the meeting, Peng Weimin held Lin Yuanfang's hand apologetically and said, "Mayor Lin, I'm really sorry!" Brother Wenshan asked me to come because he wanted me to help you solve the problem. However, I am very sorry that I really can't help in this matter, and I can't help you with the predicament you are facing! ”
Lin Yuanfang smiled and said, "Dean Peng, you are too polite. It has been a great help for us to take time out of your busy schedule to patiently and "finely" explain the law. It's really exciting! Come, on behalf of our Secretary Wu and Mayor Hao, I would like to toast you! ”
After the dinner, Lin Yuanfang and Duan Ning sent Peng Weimin to the Huanghai Hotel. On the way back, looking at Duan Ning's worried look, Lin Yuanfang couldn't help laughing and said, "Old Duan, don't worry, the sky can't fall!" ”
Duan Ning didn't understand how Lin Yuanfang could still laugh at this time, he said: "Boss, it's not that I'm small-minded, it's just that the situation in front of me is too tricky!" Since the current legal means of transnational litigation do not work, how can we "get" Kim Sang-hee back? Jin Xiangji left such a letter before leaving, and now you are the leader of the leading group of Dirui Leather Goods Company, once the debt of hundreds of millions of yuan cannot be recovered, I am worried that someone will use this to make a "wave"! ”
Lin Yuanfang stretched out his hand and patted Duan Ning's shoulder, and said, "Don't worry, if someone really comes to make a 'wave', they will only lift a stone to hit themselves in the foot!" ”
Duan Ning nodded with a complicated expression, although Lin Yuanfang's tone was so determined, Duan Ning still couldn't let go of it in his heart. In his view, the work leading group is basically facing a dead end, and it is impossible to solve it without a miracle. And Lin Yuanfang's tone was so determined, Duan Ning really couldn't understand where Lin Yuanfang's confidence came from. Could it be that Lin Yuanfang really has any magical means to solve this dead end? Impossible! Even Peng Weimin, the province's chief foreign-related legal expert, has nothing to do, where does Boss Xiaolin come up with a way to solve this problem?
Lin Yuanfang knew that Duan Ning's knot was difficult to solve, so he didn't explain much, so he waved Duan Ning to go home and rest, and he got into his special car and returned to his residence in the Seaview Community. Zhao Dalei drove Lin Yuanfang to the "door" of the residence, and just when Lin Yuanfang was about to get out of the car, Wang Tao, who was sitting in the co-pilot's seat, answered a phone call. He whispered to Lin Yuanfang: "Boss, my younger brother went to Huangnikan for night fishing, where he found Mei Xiaolong, the village party secretary of Dinghe Village, staying with Lu Development, and I don't know what kind of fame he was doing. ”
"Oh?" Lin Yuanfang's eyebrows raised slightly, shook his head slightly, and said, "The tree 'desire' is quiet and the wind does not stop!" ”
Dirui Leather Company owes more than 10 million factory lease fees in Dinghe Village, and at this sensitive moment, it is definitely not a coincidence that Mei Xiaolong, the party secretary of Dinghe Village, and Lu Development, a close confidant of Hao Xiangqian, are "mixed" together.
Lin Yuanfang sank slightly, and asked Wang Tao, "How old is your brother?" What now? ”
Wang Tao was overjoyed in his heart, and hurriedly said: "My younger brother is five years younger than me, and he is currently a mechanic at the Huanghai Port terminal. "The mechanic workers are too hard, Wang Tao has always wanted to 'get' his younger brother an administrative establishment or career establishment, but unfortunately he was not allowed to be seen by the leaders in the municipal government, and he has not had this opportunity, and now since the boss of Xiaolin asked, Wang Tao understands that the opportunity has come.
"Hmm." Lin Yuanfang nodded and said, "You go to Lao Huang tomorrow to see if there is still any manpower on the side of the Economic Development Zone Management Committee." ”
"Thank you boss!" Wang Tao was pleasantly surprised, he didn't expect to get a good job just because of a phone call from his younger brother. With Boss Xiaolin's words, even if the Management Committee of the Economic Development Zone no longer needs manpower, Huang Xu "Meng" has to say that he needs it!
"Good job!" Lin Yuanfang patted Wang Tao on the shoulder, encouraged him, and then walked towards the door.
Zhao Dalei followed Lin Yuanfang into the room silently, he gently closed the room door with his backhand, and said to Lin Yuanfang: "Boss, I have something to report to you." ”
"Lao Zhao, sit down and talk about it." Lin Yuanfang sat down unhurriedly, patted the sofa next to him with his hand, and said with a smile: "I guess it's time for you to speak." ”