Sixty-eight

While the entire economy of Pyeongcheon City is coming out of the trough, the economic situation of Pyeongcheon United Company is deteriorating day by day. As the chairman, general manager and legal representative, Cao Wucheng was forced to face eight economic lawsuits at the same time. Six were when someone else sued him, and two when he sued someone else. In October 1995, when the triangular debts that the United Company had taken the initiative to enter into these years, it was time to settle the accounts.

In order to cope with the frequent summons from Pingchuan and other courts, Cao Wucheng hired four barristers from the No. 1 and No. 2 law firms in Pingchuan City at the same time, and one barrister divided two lawsuits for them to fight. When the lawsuit was assigned, Cao Wucheng was still full of bullishness, not in the company, but at the wine table of the ** hotel, and introduced the situation endlessly. There are only two central meanings: first, his brother Cao Wuping is the executive deputy mayor and deputy secretary of the Municipal Party Committee of Pingchuan City, and these people are looking for him to join the company to fight a lawsuit, which is really plucking the feathers on the tiger's mouth; Second, the triangular debt problem is a national problem, and his joint company is also a victim, and until he fails to collect the debt from others, he cannot pay a cent of the debt of others. Even if the debts owed to him by others have been paid off, there is also a problem with whether he will repay the debts of others immediately, and at most he can only use the goods in stock to pay off the debts.

These stocks are both domestic and imported. Domestically produced are: a single-cylinder washing machine produced in 1985, a cassette recorder commonly known as the "one-eyed dragon" produced in 1986, a 12-inch black-and-white television set produced in 1987, a completely scrapped plywood that has not been sold for 16 years, bottled canned food that has passed its expiration date, and inferior chemical fertilizers that have been banned by explicit. Imports include: 21-inch projectors produced in South Korea in the 80s, and chewing gum produced in the United States in the 70s. Local products are more abundant: there are quartz stone produced by Shengli Coal Mine, aged lard oil produced by Pingchuan Meat Factory, inferior electrical switches without factory names and no signs produced by a certain township enterprise in Pingchuan, and so on, etc., it is said that the total purchase price is about 65 million, and his external debt is less than 50 million, and the real loan owed to the bank is only 2 million.

Cao Wucheng enthusiastically complimented the four barristers as the "Four King Kongs" and demanded that the Four King Kongs do a good job of carrying forward the professional dedication of a judicial worker and conscientiously and in every possible way to improve the legal system of the socialist market economy, to ensure the economic interests of the state-run Pingchuan United Company, and to ensure that there is no loss of a large number of state-owned assets.

Holding a goblet full of Moutai wine, Cao Wucheng said: "Come, come, King Kong friends, I, Cao, have handed over all the company's family resources to you this time." From today onwards, we are family. You're all obligated to help me come up with ideas! ”

After listening to Cao Wucheng's introduction, the four barristers all broke out in a cold sweat.

A barrister who was completely bald shook his head with a wine glass and smiled bitterly: "Mr. Cao, is your joint company doing business, or is it a rag?" Why is it that all the goods in stock are thrown on the street and no one wants them? ”

Niu Jun, a half-bald barrister, also said: "Mr. Cao, you are not handing over all your family wealth to us, but handing over all the troubles to us." ”

Another lawyer named Chen Wei sighed and remained silent.

There is also a middle-aged female lawyer from the second law firm who has been leaning over Chen Wei's ear and saying something.

Cao Wucheng saw that the Four King Kongs didn't move their glasses, so he had to put down the wine glasses and continued: "No trouble, of course I, Cao, will not look for you Four King Kongs." You have not come to defend my state-owned assets for me, and I will pay you a large amount of litigation agency fees and lawyer's fees. At this point, you can rest assured that I, Cao, will never use the inventory of goods as legal fees to you, and I will pay you all legal fees in cash. If you don't believe me, I'll write you a check right now. ”

Ma Hao also said delicately: "Barristers, don't you know, our Cao always suffers because our hearts are too soft!" I knew all about these stinky things when I bought them! As soon as people say that it is difficult, he sympathizes, especially female public relations and saleswomen, and when he cries in front of him, he, not to mention tattered, is shit for him! That's where we are today! ”

Cao Wucheng said matter-of-factly: "There is another point that has to be explained: at that time, I was also inexperienced, I didn't know what a market economy was, and I thought that my brother was the deputy mayor of Pingchuan, and as the family members of the city leaders and the children of senior cadres, why can't we let our family suffer in our hands!" I have to defend my brother's prestige, don't you think? ”

The two lawyers from the second law firm spoke at this time. They did not answer Cao Wucheng's words, but said that they would not accompany them today, but would leave first, go back to study the indictment, and then decide whether to accept the four lawsuits that they were assigned to each other.

For fear that Cao Wucheng would be angry, the female lawyer specially explained: "Mr. Cao, we have to be responsible for your case after we take your case." If we don't have a fifty percent chance of winning, we generally don't take it, so as not to mislead you and affect the reputation of our second institute. Our second law firm has just been established, and we always want to do a few lawsuits that can win the lawsuit. ”

Cao Wucheng's face suddenly pulled down: "So, the two barristers of your two firms believe that I, Cao, don't even have any hope of winning the lawsuit?" ”

Chen Wei immediately said: "We didn't say that, we said we wanted to go back and study it." ”

Cao Wucheng said: "Then please!" I don't believe that this Pingchuan is not the world of the Communist Party, and it will cause a large loss of state-owned assets! ”

As soon as the two undetermined elements of the Second Institute left and never came back, the Four Great King Kongs became bull-headed and horse-faced.

Cao Wucheng called the half-bald Niu Jun the cow head behind his back, and called the fully bald motor a horse face.

The bull's argument is that lawsuits are not about superficial wins and losses, but about how much actual benefits can be obtained. Some people win the lawsuit and lose the money, and some people lose the lawsuit and win the money. Niu Tou suggested that all the dilapidated inventory should be offset to the creditors who were in a hurry and sued the fierce according to the purchase price of the year, and not to hide the situation of eight lawsuits from the creditors at the same time, but also to make enough noise, it is better to say that eighteen lawsuits were fought at the same time, just say that the company only has such a few goods, and you will be entangled in the court, even if you win the lawsuit, there is nothing to give you. In this way, it will inevitably lead to a situation of litigation, and half of this pile of rags will be sent out of the six major creditors.

Niu Tou said: "Mr. Cao, what do you think, why are people suing you?" Isn't it just for the money? If he really runs out of money, what else will he do? Don't get ahead of others, you can order whatever you want? Isn't it up to you to reward? Whoever you reward first will be able to pull some aged lard or something; If you don't reward him, he doesn't have a fart! You Cao Zong must remember that you can't brag about anything anymore and there are fifteen million assets. ”

Cao Wucheng said again and again: "Yes, yes, yes, Barrister Niu, I am really a long learner." It seems that to engage in a market economy, you must understand the law, or you will have to suffer a big loss if you learn from Lei Feng. ”

Niu Tou was very proud, and he had the tone of a teacher: "Not only do you understand the law, but you also have to learn how to use it." How can you just understand and not use? I did some research on the six creditors I sued and found one that was most favorable for us. The six companies and banks, whether in Guangdong, Shanghai, or Pingchuan, are all state-owned. This is easy to do, as long as there is **, this tattered debt will work. If they win the lawsuit, they will pull the rags back and fill the account, and there will be no trouble. ”

Cao Wucheng asked Ma to carefully record the teachings of Niu Tou.

Ma Hao took notes carefully, and really became a secretary.

Ma Mian followed the idea of the bull's head, and made in-depth elaboration and specific arrangements.

Scheming is the biggest feature of Ma Mian.

Ma Mian said unhurriedly: "Mr. Cao, the general idea is what Niu Lu said, six lawsuits in which our side is the defendant, don't want to win, just prepare to lose." Of course, in the end, it will not be a total loss, and there will also be mediation. However, the premise here is that you must first declare the bankruptcy of the joint company, and ask the licensed accountant of the accounting firm to make detailed bankruptcy accounts for verification by the courts. Before that, quickly transfer the things that are still worth some money, and all the funds in the account will be transferred. However, you, the legal representative, can't go, you should go to court, and you should go home and sleep. As the chairman said, 'what comes is safe', and you are not in a hurry at all. Who's in a hurry? The six major creditors are in a hurry. They can't help it in a hurry, you are not a fraud, you don't understand the market economy, you have lost money, and you have used their money to pay some tuition, and there is nothing you can do about it legally. ”

Cao Wucheng immediately consulted Ma Mian and said: "I don't care about the two companies in Guangdong and Shanghai, I took their broken projectors, black and white TVs that no one wanted, and gave them some old lard and let them drag them to the chemical factory to make soap, which is worthy of them." The problem is that the four urban credit cooperatives in Pingchuan are difficult to manage! I lent them 2 million but it's all cash, how can people want my rags? A few days ago, Director Cheng, who was in charge of credit in the Zhongshan Road Office, came to me and mobilized me to take the plywood that had been mortgaged to him to another bank for mortgage, and use the money to repay him......"

Ma Mian immediately shouted: "Okay, okay, this director Cheng who is in charge of credit has broken the law!" This is called abetting fraud, and there is an intent to commit a subjective crime. How can a second mortgage be made for goods that have been pledged? The credit officer was aware of the offence and was more serious in nature. For the 800,000 yuan loan on Zhongshan Road, I think I can consider not repaying it. Specifically, you Cao should use the chairman's method of 'luring the enemy to go deeper', record the director's words of instigating fraud, and it is best to get the written evidence in your hands and hand it over to me or Niu Lu, and we will do the rest. ”

Cao Wucheng nodded again and again and said, "Okay, okay, I'll do this tomorrow." ”

Niu Tou also reminded: "Funds and property should also be transferred quickly, and I estimate that the six major creditors will immediately apply for property preservation." Then the court will seal your account and your goods. ”

Cao Wucheng said: "The property preservation family has already put it forward. Yesterday, my six bank account numbers were frozen by the Pailou District Court, the Zhonglou District Court, and a county court in Guangdong, and the old lard from the meat factory was also sealed. ”

Ma Mian asked with concern: "How many funds do you have in these six accounts?" ”

Cao Wucheng immediately asked Ma Haohao: "Director Ma, you did this, do you know, how much money do you have?" ”

Ma Hao said: "There are still a lot of funds in the six accounts, a total of more than 1,000 miles, and I blame me for being a step late and not bringing out the last 920 yuan of CITIC Bank." ”

Cao Wucheng complained directly: "Look, look, I lost half a table of wine money one step late, it's true!" - I don't feel sorry if I eat it, it's a pity to lose it! ”

Ma Mian smiled: "Okay, good, Mr. Cao, dealing with smart people like you is interesting, very interesting, I believe that our cooperation this time will be very successful." ”

Cao Wucheng immediately said: "It's not this cooperation, but long-term cooperation." I decided to hire two of them as my permanent legal counsel. After the bankruptcy of this joint company, I am going to set up another commercial company with a registered capital of 8 million yuan, and I will no longer engage in state-owned enterprises, but engage in Sino-foreign joint ventures. The name of the company is good, called 'DMT International Business Company', the foreign party is a friend of Russia, and asked him to remit the US dollars to come over to verify the capital, and then take the US dollars, the company is still mine. ”

In this way, Cao Wucheng and Niu Tou Ma Mian, two barristers, became inseparable friends in the midst of adversity.

Cao Wucheng was also a good friend, and while several courts had not yet figured out the distribution of all his commodity warehouses, he took the first step and took Niu Tou Ma Mian to a trade warehouse on the outskirts of Pingchuan to pick up ten 12-inch black and white televisions at a time, and gave Niu Tou Ma Mian two projectors as a personal benefit fee for help.

Niu Tou Ma Mian said that this kind of small black and white TV and projector was outdated and had to be thrown away as garbage, but he still smiled and called a taxi to transport it away.

Things turned out to be as expected, with six lawsuits in which Cao Wucheng was the defendant, four mediations, and two defeats. In the early mediation, the creditor also got a black-and-white TV, a Korean projector and a "one-eyed dragon" tape recorder; Later, I had to transport the quartz stone from the Shengli mine and take the chewing gum produced in the United States in the seventies.

Guangdong and Shanghai were the two companies that won the lawsuit, and one was helpless to face a pile of low-quality fertilizers that the state banned from selling after winning the lawsuit. The other is faced with the aged lard from the Pingchuan Meat Factory. After the inferior fertilizer is unsealed by the court, it will be destroyed by the industrial and commercial quality inspection department; Aged lard can be transported away, but the storage fee for more than two years has to be paid by the winning party, and the winning party has to give up as soon as the account is settled, including the freight plus storage fee, which is twice the purchase price of the lard. As a result, the two who won the lawsuit both lost money, and each took the purchase of inferior fertilizer and lard ** and went back to the account.

In the two lawsuits filed by Cao Wucheng, Cao Wucheng took the initiative to withdraw the lawsuit and stopped fighting for the time being. The reason is that even if he wins, the money and goods that will come will not fall into Cao Wucheng's hands, and he still has to let the companies in Guangdong and Shanghai use it to pay off the debt.

As soon as Cao Wucheng withdrew the lawsuit, the two companies in Shanghai and Guangdong were in a hurry and angry, and it was not good to come to Cao Wucheng, so they had to pay for their smiling faces, paste their travel expenses and come to Pingchuan again and again, and invite Cao Wucheng and Ma Hao to eat and drink with Niu Tou Ma Mian, hoping that the joint company can continue to fight the lawsuit. Niu Tou Ma Mian and Cao Wucheng expressed their regret very unanimously, blaming them for not accepting mediation earlier, and not relenting about continuing the lawsuit.

However, the establishment of Cao Wucheng's new Sino-foreign joint venture "DMT International Business Company" ran into great trouble. The trouble did not come from elsewhere, but from Cao Wucheng's own brother Cao Wuping.

Cao Wuping very accidentally found this application for the establishment of the "DMT International Business Company" on a briefing of the Municipal Foreign Economic and Economic Cooperation Commission, and he did not pay attention to it at first, but then when he saw that the person in charge of the Chinese side was actually Cao Wucheng, he immediately became angry, and made a phone call to the office of Director Li of the Municipal Bureau of Industry and Commerce and asked Director Li: "Isn't Cao Wucheng's joint company just bankrupt?" Why did you suddenly set up a Sino-foreign joint venture? Where did he get the money? Is the procedure legal? ”

Director Li said: "Mayor Cao, I know about this, and all the procedures are legal and complete. The Russian side has remitted $600,000 from St. Petersburg to verify the capital, and the capital verification report is in my hands, and the funds of Cao Wucheng from the Chinese side have also been credited to the account, so there is absolutely no problem. ”

Cao Wuping said: "Do you know the credit status of this person? He fought eight lawsuits together and cheated so many people, don't you still accept the lesson? Director Li, let me make it clear to you, don't think he's my younger brother, just open the net, something really happened, the municipal party committee and the city will strictly investigate your responsibility! ”

Director Li said, "Mayor Cao, you are really mistaken. Cao Wucheng's eight lawsuits are all economic disputes, all of which are issues such as breach of contract, even if many people are trapped, our current law can't do anything about him. As for not registering him, it is even more unreasonable. ”

Cao Wuping said: "Why is it unreasonable? There are restrictions on such people abroad. Isn't there a requirement for bankrupts to be indignant in Singapore? Have you ever heard that those who become poor are not only not allowed to set up a new company, but are not even allowed to live a rich life beyond the standard? ”

Director Li smiled bitterly and said: "I have heard of it, but it is a foreign country, and there is no such article in China's current industrial and commercial law, what do you say I should do?" ”

Cao Wuping said: "You find out all the relevant laws, study them again, and study them thoroughly, like Cao Wucheng and his lawyers, and find out the reasons why all the companies he runs will not be registered, at least not in Pingchuan, and even offices and other institutions are not allowed to be set up!" ”

Director Li said: "Mayor Cao, think about it, I am the authoritative organ that implements the industrial and commercial law on behalf of the state, can I still not study the law thoroughly? I really can't find a reason! ”

Cao Wuping was angry: "Well, you really can't find a reason, so you put the blame on me, just say that I, the deputy secretary of the municipal party committee and executive deputy mayor, said that this DMT international business company cannot be registered." Even if I go through the back door of your director of industry and commerce once, okay? I am responsible for everyone and my younger brother Cao Wucheng, you have to know in your heart! ”

As a result, Director Li of the Industrial and Commercial Bureau had no choice but to truthfully inform Cao Wucheng and the two barristers, Niu Tou and Ma Mian, of the reason for not approving the registration of DMT International Business Company. Four days later, Cao Wucheng and the two barristers didn't say anything, turned around and left, and four days later, they handed over an administrative complaint to the Pailou District Court, suing the Pingchuan Municipal Administration for Industry and Commerce and Cao Wuping, who was jointly and severally responsible.

In this administrative complaint, the prosecution wrote solemnly: "China has entered the track of the legal system, and the country's legal system is becoming more and more perfect. However, there are always some state administrative units and departments that submit to the will of their superiors, do not abide by the law, and wantonly trample on the sacred laws of the state. The Pingchuan Municipal Administration for Industry and Commerce and its joint responsible person, Mr. Cao Wuping, who violently prevented the normal registration of our DMT International Business Company is the most serious case. Therefore, at the end of the complaint, the prosecution submitted, "In view of this, the prosecution requests the court to order the Pingchuan Municipal Administration for Industry and Commerce and its joint and several liable persons Cao Wuping to abide by the industrial and commercial law of our country, register DMT International Business Company in accordance with the provisions of the industrial and commercial law, and compensate me for economic and moral losses of RMB 245,621 hexagons (which can also be paid in US dollars, and the exchange price is the central exchange rate of US dollars announced by the Bank of China on the date when the judgment takes effect)." ”