Chapter 108: Seizure
Before Lu Peng finished speaking, he bent down and held his knees with his hands to pant for breath, and when he finally breathed a sigh of relief, Lu Peng hurriedly said to Nan Zhiyi: "The bank will not issue a letter of credit, and we are afraid that we will not be able to pay on time for our orders from Germany!" ”
Nan Zhiyi's expression suddenly became serious: "What's going on? Why is this happening? What went wrong? ”
Although Ling Li didn't know the cause and effect, she had some bad premonitions. Listening to this familiar situation, could it be that Nan Zhiyi's account was seized?
Sure enough, Lu Peng's next sentence confirmed her thoughts: "I went to the bank to ask, and it was said that our account was frozen, and the money was in it but couldn't come out, so we didn't open a letter of credit." Just this afternoon, the court's bureau took the execution ruling and went to the bank to seize it. ”
Even at a critical juncture, Ling Li wanted to collapse to express the gushing glove in his heart like the water of the Yellow River.
It seems that the disciples of Nanzhiyi's school not only have a stubble face on the head of the chicken nest, but even a string of "what" when talking has become a characteristic of the sect.
Regarding what Lu Peng said about the company's account being frozen, Ling Li listened carefully for a long time, and finally figured out the ins and outs of his chaotic narrative of "what" and Nan Zhiyi's addition from time to time.
In short, because of the lawsuit, the company established by Nanzhiyi to facilitate the procurement of equipment for the experimental project was applied for litigation property preservation.
The so-called property preservation refers to the protective measures taken by the court ex officio to prevent the defendant from transferring, concealing, or selling the property before making a judgment before the judgment is made, so as to ensure that the judgment can be smoothly enforced after it takes effect in the future. Specific measures generally include sealing, seizure, and freezing.
Property preservation is generally applied for by the plaintiff, and the court is to review and decide whether to take property preservation measures. If the plaintiff does not file an application, but the disputed property may be damaged, lost or otherwise in danger, the court may take preservation measures ex officio.
In the current situation, the plaintiff is a provincial enterprise, and the defendant is the younger brother of its own president.
It can be inferred that the matter of litigation preservation must have been raised by Yamazaki Seeds.
This sudden attack made Nan Zhiyi no longer have the heart to experiment, and followed Ling Li back to the apartment to discuss with Tian Zhengyan.
After listening to the ins and outs of the matter, Tian Zhengyan was a little surprised, and suddenly got up from the sofa: "If you want to preserve the lawsuit, you must have to rule under the collegial panel, and the presiding judge clearly knows the origin of this case, so why didn't he know a word before making a ruling?" ”
This is also Ling Li's doubt.
Judge Cheng, who obviously undertook the case, knew that this case was related to Nan Zhijun, why didn't he call to notify him of such a big matter as litigation preservation?
Tian Zhengyan thought about it, picked up his mobile phone and walked to the study, closed the door and made a phone call for more than half an hour.
When he came out, his face was a little gloomy.
Ling Li hurriedly rushed forward to ask what was going on, what went wrong and caused the collegial panel not to communicate with them, and directly made a ruling, and sealed it so thoroughly that it didn't even let go of the company's account, which directly affected the progress of a major project of Nanzhiyi.
Tian Zhengyan sighed and replied: "I understand, it's not the ruling made by the collegial panel, but someone else sued Nan Zhiyi in the Nanxi Intermediate Court." I have already raised objections, and I believe that the seizure will be lifted in a few days. ”
Ling Li's eyes were about to fall to the ground: "Huh? Where did the lawsuit come from? ”
One, two, three, three lawsuits, will this third case be like Yang Zhongchun's case, giving them a big surprise?
Ling Li couldn't help but make a bitter face, and Tian Zhengyan, who has always been steady, also shook his head with a wry smile: "Since it is a pre-litigation seizure, it is naturally not prosecuted yet, and the specific reason can only be known when the appeal comes." ”
After that, he watched Ling Li explain in depth why Nan Zhiyi's lawsuit would affect the operation of the laboratory.
In the early years, in order to prevent academic corruption, the previous project fund management was very strict, not only to budget the project funds, but also to create a budget when buying materials, even if it was a pencil.
Moreover, many things can only be purchased through government procurement, and the quality is not necessarily good, but the price is several times higher than that on the market.
The state and enterprises have given the project funds, and it doesn't matter what the person in charge of the project says, it is subject to the constraints of the school's financial laymen, and every penny must be budgeted before being reimbursed. Under such a very formal but rigid system, scholarship is not corrupt, and the probability of producing results is greatly reduced.
Just imagine, before doing the experiment, who knows if it will be a failure? Who knows how much material it will take to get valid data?
The energy of many project leaders is often spent on how to promote the project process under the complex and strange financial system, and several talented basic discipline bulls are forced to develop abroad.
Later, Funan University finally resisted the pressure and made some changes, and separated the project fund management from the school's finances and handed it over to the company established by the project leader, and the school and the project funder will appoint a third-party financial director to join the company, responsible for the procurement of important experimental equipment and raw materials for the project, and also responsible for paying salaries to the students in the project.
After explaining this, Tian Zhengyan turned his head to look at Nan Zhiyi, who was sitting on the sofa biting his fingers and not speaking: "Your company just had a moth when it was about to buy important experimental instruments, how many eyeliners were placed by the other party around you?" ”
After learning about the situation from Lu Peng before, Ling Li knew that Nanzhiyi needed to buy millions of machines this time because of the experiment, because of the long order cycle, after paying a deposit to the German company, he waited for almost half a year, and finally entered the stage of the final transaction, but he could not issue a letter of credit to pay, and he was about to fall short.
You must know that waiting for this machine is not only Nanzhiyi's laboratory, but also several pairs of wolf-like eyes lined up in the back, just waiting for a moth here to pick up the leak.
But fortunately, after some negotiations, the other party was willing to extend for ten days.
Ling Li bit her lip and thought of a solution: "It's really not good, can you pay in cash first?" Wait until it is thawed before transferring the money back. ”
Tian Zhengyan shook his head: "This money is not a small amount, and it involves overseas transactions, the payment and collection method has long been determined and easily not changed, and the other party may not be willing to give us convenience." You must know that the chaotic management of project funds is a big taboo, and countless pairs of eyes are waiting for Nanzhiyi to go wrong. Instead of thinking about it, it is better to unfreeze the account as soon as possible. ”
Nan Zhiyi seemed to have finally come back to his soul, and howled sadly: "Oh my God, I've been waiting for a big toy for more than half a year, and I can't buy this moth when it comes down?" Do you have to wait more than half a year? ”
After speaking, he made an expression of wiping tears, hugged a pink pillow and fell into the sofa, seeing that Ling Li lost his temper.
She and Tian Zhengyan were anxious and wanted to lift the seizure as quickly as possible so as not to affect the progress of the project in his hand, but as a result, dare to love this thing and just want to play?
But he was immersed in the sadness of the child's lack of toys and couldn't extricate himself, knowing that it was useless to say anything, so he had to shake his head and give up.
Ling Liru was tormented for a few days like ants on a hot pot, and finally got the news of the seizure and revocation from the Nanxi Intermediate Court.
It turned out that there were several suppliers who had dealings with Nanzhiyi Laboratory, and I don't know if they heard the news and were afraid that Nanzhiyi would default on the payment, so they applied for pre-litigation preservation without suing.
Of course, after some work by the Nanxi Intermediate People's Court, the other party agreed to withdraw the lawsuit, and the seizure was naturally lifted.
Ling Li had just breathed a sigh of relief, and the phone of the judge in charge of the Intellectual Property Division of the Funan High Court came to the door.
Judge Cheng, who handled the case, said that Yamazaki Company had filed a lawsuit for property preservation in the case, and that Nanzhiyi's real estate, cars, and other real estate, as well as the company's accounts and personal accounts, had been frozen.
He said in an apologetic tone: "The opposing lawyer has provided sufficient guarantees, and the basis for the preservation application submitted at the same time is reasonable and legal, and we have no way to disagree." ”
As soon as the judge's phone hung up, Yi Xiaoxuan made a call to Ling Li's mobile phone, and said with a smile: "Lawyer Ling, I heard that you are engaged in pro bono agency this time, don't blame me for not reminding you, settle the necessary expenses with your client as soon as possible, lest the account be seized and you can't get a penny out, and you can't say that in the end, your hard-earned money will have to be pasted upside down." ”
Even if Ling Li had no temper, she was so angry by her ridicule that she wanted to smash the mobile phone screen.
As soon as the pre-litigation preservation was lifted, the litigation preservation came again. The two seizures before and after the one are really well connected, and the seamless connection in time makes Nanzhiyi still unable to buy back the big toys he has been looking forward to, and there are only five days left before the grace period of the German manufacturer.
What's more, unlike the previous seizure of bank accounts because of the same amount of drizzle, the subject matter of the lawsuit filed by Yamazaki Seed is 200 million.
In order to achieve preservation, according to Funan's regulations, Yamazaki Seed must also provide a guarantee of about 20 to 30 percent of the seized amount.
According to the presiding judge, Yamazaki Seed Industry did not have time to verify how much property Nan Zhiyi had in his name, so he provided a cash guarantee of 60 million yuan with 200 million yuan as the preservation amount.
Ling Li worriedly told Tian Zhengyan the unfortunate news.
However, he looked like he had expected it a long time ago, hooking the corners of his mouth as if smiling: "Look, the method you proposed before to delay time with appraisal doesn't work, right?" Obviously, the other party has a lot of money and doesn't care about the funds being occupied, and deliberately wants to put on such an attitude of not giving up until the goal is achieved, and he has to nail Nanzhiyi's movable and immovable properties to the point that they can't be moved. What's more, the impact of the pending lawsuit on Nanzhiyi is not only the impact of economic embarrassment. ”
Ling Li nodded in agreement. If the previous small actions that Yamazaki Seed Industry concealed were to create trouble and increase the bargaining chips on the negotiation table, this time, it can be regarded as completely sabre-rattling.
And this time the litigation preservation also exposed the attitude of Yamazaki Seed Industry at once. They didn't have any intention of reconciling at all, so in the previous negotiations, only Yi Xiaoxuan appeared.
Thinking of this, she suddenly woke up: "Teacher Tian, did you already know that the other party had no sincerity to reconcile?" ”