Chapter 73 Won the lawsuit
Zhou Jianping blushed a little by this sentence, and he hurriedly said: "Yes, yes, I understand what you mean." ”
"I don't have any other purpose, I just think that you wear clothes more casually, after all, you are also the director of such a large company, whether you are attending the occasion, facing important customers, or usually working in the factory, I think the taste of clothing should match your identity." Zhao Xinmei said.
"Xinmei, you are so thoughtful, I don't understand it myself, no one reminded me in this regard, and now you put it forward for me to improve, thank you very much." Zhou Jianping said.
"I don't need to be grateful, it's something that comes within my purview. Let me make another small suggestion, if you live in the factory now, you should also have a wardrobe, and the coats or washed shirts that you are not wearing should be put away, preferably hanging in the closet. ”
Zhou Jianping not only fully accepted Zhao Xinmei's suggestion, but also felt warmth in his heart that he had never felt before.
Ma Xingwei was handling a major criminal case, and it was impossible for him to put down his work and turn to the case of recovering the payment of the Jiansheng Food Factory, but he assigned a lawyer surnamed Wang to take charge of the litigation in Zhou Jianping's case.
Mr. Wang carefully studied the purchase and sale contract of Jiansheng Food Factory and found that the contract did not indicate the place of jurisdiction of the dispute. After studying with Ma Xingwei, he believed that according to Article 18 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of the People's Republic of China, if the contract stipulates the place of performance, the agreed place of performance shall be the place of performance of the contract; If the contract does not stipulate the place of performance or the agreement is not clear, and the subject matter of the dispute is the delivery of currency, the place of performance of the contract shall be the place where the party receiving the currency is located; If the immovable property is delivered, the place where the immovable property is located is the place where the contract is performed; For other subject matter, the place where the party performing the obligation is located is the place where the contract is performed; If the contract is settled in a timely manner, the place of transaction shall be the place of performance of the contract.
"According to this interpretation, this contract belongs to the situation where there is no agreed place of performance, and the subject matter of its dispute is the delivery of currency, and Jiansheng Food Factory is the party that accepts the currency, so it is obvious that our local contract is performed." Ma Xingwei said.
"Therefore, this case is not complicated, let's sue the other party in the court of Huaxing City." Lawyer Wang said.
"Then you hurry up and submit the prosecution materials to the relevant court as soon as possible." Ma Xingwei instructed.
A week later, the Hualing District People's Court of Huaxing City issued a summons to the debtor, and the court conducted a mediation between the original defendant and the defendant without success, and half a month later, the civil division of the Hualing District Court heard the case, because the case was very clear, and it only took a little more than an hour to complete the trial, and announced that the plaintiff won the lawsuit in court, and ordered the defendant to repay the payment on time and bear the litigation costs of the case.
Zhou Jianping knew that the defendant's unit was in poor financial condition, and he gave up his right to ask for late fees.
After getting the court judgment, Zhou Jianping didn't show much joy, because he knew a little about the other party's situation, and he felt that it was not easy to get back the payment with just a court judgment.
Sure enough, after the repayment period stipulated by the court, there was no movement on the defendant's side, and Zhou Jianping asked the cashier to go to the bank every day to check the accounts to see if the other party had remitted money to the account, and returned empty-handed for several days. Obviously, the other party has no intention of returning the payment.
Ma Xingwei told Zhou Jianping that the lawyer had visited the defendant's unit during the investigation of the case and found that there were many things in the mall, which could be applied to the court for compulsory enforcement to reduce the company's losses as much as possible.
The other party seems to have been prepared, and when the people from the court enforcement division arrived at the Dongfeng shopping mall, they found that there were only some worthless goods on the shelves of the shopping mall, and the case-handling personnel estimated that even if all the items on the shelves of the entire shopping mall were pulled back to Huaxing City, they would not be worth a few dollars.
The clerks of the court's enforcement division returned in vain, which made Zhou Jianping very frustrated, who said it wasn't? I won the lawsuit, there was a judgment in the air, and the payment was still not recovered, I knew that this was the end, what kind of lawsuit did I work hard for!
However, tens of thousands of yuan of money were embezzled by the other party, and there was not even a word of thanks, which made Zhou Jianping not only angry, but also unwilling. The villagers of Yuanba Village, Xishan Township, his hometown, work hard in the fields every day, and he can't earn a few dollars a year.
Thinking of this, Zhou Jianping discussed with Zhao Xinmei, during this time, Zhao Xinmei was fully responsible for the overall management of the factory, he was going to F City on a business trip, and these two payments should not come back, Zhou Jianping felt that he had been in vain in society all these years.
The company in arrears is called "Dongfeng People's Shopping Mall", the local people refer to Dongfeng Shopping Mall as well, came to F City, Zhou Jianping found a small hotel near Dongfeng Shopping Mall to stay, the next morning at nine o'clock, he came to the shopping mall, directly the shopping mall manager Lao Tian blocked the office.
When Zhou Jianping pushed the door in, the manager Tian, who was in his fifties and tall and tall, was very surprised, "Director Zhou, why are you?" ”
"Manager Tian, who do you want to be?"
"I mean, why are you here?"
"Is Manager Tian a noble person who forgets things, or does he ask knowingly?" Zhou Jianping sat down on a chair opposite Lao Tian.
"In this way, Director Zhou is here to collect debts."
"Manager Tian, you said the word debt collection, I didn't say that, I think this statement is uncivilized. In addition, we are old friends, in addition to handling normal business, I also want to come to see you, last time I was nervous, I didn't have time to drink with you, how can I invite you to have a drink this time! ”
"Hehe, old friend, you have sued me, we are defendants and plaintiffs in court, can we still be called friends?" It seems that Lao Tian is obsessed with the fact that he is a defendant.
"That's a public matter, no way, we're still friends in private! After a few years of friendship, you can't just write it off, right? Zhou Jianping maintained a gentle way of speaking.
"Director Zhou, let's not talk darkly, you come to collect debts, I told you last time, now the mall is about to close, and the salaries of employees can't be paid, so there is really no money for you."
"I know you have difficulties, in fact, Manager Tian, it is not easy for any company, and if you have difficulties, find a way to overcome them!"
"Director Zhou, what you said is easy, is the difficulty so easy to overcome? If it's easy to overcome, it's not difficult. ”
"Well, you have a point, if it's easy to overcome, then it's really not difficult. But I don't understand, Manager Tian, why can't you run such a big shopping mall? Even to the point of closing down? ”
Seeing that Zhou Jianping spoke kindly, not a vicious posture of a creditor coming to the door, Lao Tian's resistance subsided most of it.
Lao Tian got up and made a cup of tea for Zhou Jianping, "Hey, the goods in the state-run shopping malls couldn't be bought outside before, and the retail prices of the goods were increased according to the government's regulations, and consumers couldn't say anything." Now the situation is very different, you can also see, there are more and more small vendors on the street, their prices are flexible, the cost is low, and we have formed a fierce competition, forcing the mall to reduce the price, our profits are getting thinner and thinner, resulting in more and more difficult business in the mall. ”
"Manager Tian, you may not like to hear what I say, your state-owned shopping malls and state-owned enterprises have a common characteristic, that is, there are too many personnel, low efficiency, resulting in high retail costs, in this case, if you want to compete with individual retail, there is really no advantage at all."
"You say this is a drawback, but what can I do? The employees of the mall are all state-run employees who were previously recruited according to the policy, and I have no right to fire anyone as long as they do not make mistakes of principle. ”
"Of course, you can't fire employees at will, because employees also have their own legitimate rights and interests, but you can expand the scale and scope of your business and increase the workload for them, which is equivalent to indirectly improving labor efficiency and reducing retail costs? In a word, in a competitive environment, it is impossible to be as relaxed as before. Zhou Jianping said.
The more they talked about the topic, the more they gradually had a more consistent view on many issues, Lao Tian thought that Zhou Jianping spoke very insightfully, "Director Zhou, the idea of increasing the scope of business and expanding the scale of business you mentioned should be a good way to reduce retail costs." ”
"I'll give you an example, for example, selling fruits, also buying from wholesalers, your mall has both a special responsible for the purchase of purchases, a full-time transportation porter, and of course, a full-time salesperson, these three links, you need at least three people here. Doing the same work, placing it at individual traders, including incoming goods and transportation, and then sales, these three links can be completed by only one person. Not to mention the rest, the labor cost alone, the shopping mall is three times that of individual traders. Zhou Jianping will always remember this example, because it is his own experience.
"Yes, the reason is clear, but if the procurement and shipping links are omitted and the salesmen are allowed to do it, can these employees who used to be idle endure the hardship and the tiredness?" Lao Tian Road.
"It depends on whether the salesperson can get benefits, if the result of this is that their income can increase by a large piece, there is no unbearable suffering, unbearable tiredness, even if some people can't do it themselves, their families will take the initiative to help. There is another problem, now your procurement and sales are out of touch, the buyer does not know what fruits are good to sell on the counter, he takes it for granted that he buys indiscriminately, and if it is not good, it will naturally not be sold, and finally it will rot, resulting in losses to the mall. Salespeople must know which varieties of fruit are good to sell, but they don't have the authority to buy them. Manager Tian, do you think there is such a problem? ”
"Director Zhou, you are engaged in production, how do you have such a thorough understanding of these business situations?"
"Manager Tian didn't know that when I first entered the society, I worked as a self-employed trader for more than two years, and the example I just gave is my personal experience. I myself trafficked bananas from Guangzhou back to Huaxing City to sell, and if you use the business method of your shopping mall, in the current competitive environment, that kind of business will not be able to do at all. ”
"I see. I really can't see that Director Zhou is not very old, but he has such a rich experience. ”
At least in the atmosphere of small talk, Lao Tian no longer regards Zhou Jianping as a door-to-door debt collector, Zhou Jianping saw that the time was almost up, so he asked: "Manager Tian, I see that there are not many goods on the shelves of your shopping mall, are you really ready to close down?" ”