Chapter 60 Application for Litigation

On the judgment bench, on the presiding judge's seat.

Knock knock!

Yu Zhenyang rang the gavel: "The court is now open." ”

"Now for the identification verification stage, the appellant party is asked to state the identity of the person appearing in court."

"Okay presiding judge."

Su Bai nodded slightly, and slowly spoke:

"In addition to our client Wan Henghao, the appellant also has two lawyers entrusted by Baijun Law Firm, Su Bai and Li Xuezhen."

After Su Bai stated the identity of the person who appeared in court, Yu Zhenyang glanced down at the litigation materials, and then turned to the seat of the party being litigated.

"The appellate party is requested to state the identity of the person appearing in court."

In the seat of the party being litigated, Zhang Xiao nodded slightly: "Good presiding judge." ”

"As the appellee, our parties in court include Wu Qi, Dong Qiang, Xie Yu, entrusted defense lawyer, Nanyuan Law Firm, Zhang Xiao,"

"Presiding Judge, the identity of our court personnel has been stated."

Boom!

On the trial seat, Yu Zhenyang slowly spoke:

"This case was tried by the Nandu Xinhe District Primary Court, with judge Yu Zhenyang serving as the presiding judge, and judges Liu Songping and Lin Xudong forming a collegial panel."

Personnel information has been verified.

Yu Zhenyang began to announce the cause of action: "The cause of action in this case is that the litigant Wu Qi, as the former main principal of Tianlan Construction Co., Ltd., is the former main responsible person of Tianlan Construction Co., Ltd., owes him two years' wages and corresponding material costs, and accuses him of refusing to pay remuneration. ”

"And, add Xie Yu and Dong Qiang, two former equity shareholders of Tianlan Construction Co., Ltd., did not fulfill the obligation of shareholders to pay and require them to compensate the debts owed by Tianlan Construction Co., Ltd., the party to the litigation, Wan Henghao, is the cause of action true?"

"Presiding Judge, the cause of the case is true."

Su Bai looked up at the judgment table and said.

Yu Zhenyang looked down at the content of the litigation materials and sounded the gavel:

"To confirm that the cause of action is true, the litigation party is now requested to state the claims, facts and basis."

"Okay presiding judge."

Su Bai nodded slightly, briefly sorted out the litigation materials in front of him, and then took out a pre-written litigation request from Li Xuezhen's face.

"Presiding Judge, our claim is as follows:"

"One: Wu Qi, as the person in charge of Tianlan Construction Co., Ltd., is the boss of our party.

Deliberately defaulting on our wages for two years has seriously violated our interests and constitutes the crime of refusal to pay.

We apply.

According to Article 276-1 of the Criminal Law of our country, Wu Qi shall be punished for the crime of refusing to pay remuneration, and at the same time pay our arrears of wages and related interest, totaling 368,794 yuan and 7 jiao 5 cents. ”

"Two: In the two years of our work, Wu Qi, as the person in charge of the company and the boss of our party, often put some mental pressure on our party Wan Henghao.

For example, the scolding and expression of dissatisfaction with the content of our work has had a certain impact on the spirit of our client, and we require Wu Qi to apologize in public and compensate for certain losses. ”

"Three: Our party indirectly caused damage to our mental and physical condition due to Wu Qi's failure to pay wages, and we require Wu Qi to make certain economic compensation to us."

"Four: Xie Yu and Dong Qiang as shareholders of Tianlan Construction Co., Ltd., the company's registered capital of 800, paid 500,000, according to Article 28 of the Company Law, shareholders should pay the amount of capital contributions subscribed by the articles of association of the company on time, and those who have not completed are defective shareholders."

"Shareholders with defective capital contributions need to bear the responsibility of the company to pay the guarantee, the liability for filling the difference, and the liability for damages, and at the same time, the liability for damages stipulates that when the company is unable to pay off its debts, the defective shareholders can be required to bear the responsibility of supplementary repayment within a certain range."

"So I apply, Xie Yu, Dong Qiang, and the two defective shareholders bear certain responsibilities for the repayment of wages and interest proposed by us."

"Five: The litigation costs and attorney fees of our application shall be borne by the party being litigated."

"Presiding Judge, our statement of the lawsuit application has been completed."

After Su Baichen finished complaining, Wu Qi almost wanted to scold his mother after hearing it, and turned his head to look at Zhang Xiao: "Lawyer Zhang, the lawsuit request made by the other party is too much!" ”

"Doesn't it make it clear that you want to send me in!"

"What bullshit refuses to pay, I think it's all an excuse!"

"Lawyer Zhang, we must win this lawsuit!"

"I try my best..."

Zhang Xiao nodded slightly, looked up at the presiding judge's seat, and the presiding judge's gaze had already fallen on the seat of the party being sued:

"Next, the party being sued is invited to state the litigation application."

Zhang Xiao briefly sorted out the litigation materials, and then spoke: "For the application of the litigation party, we raise objections. ”

"First: At present, Tianlan Construction Co., Ltd. is no longer in the name of our party Wu Qi, our party Wu Qi is no longer the main person in charge and shareholder, and the debt issue of Wan Henghao should not be borne by our party Wu Qi."

"Because Wan Henghao's labor contract was signed with Tianlan Construction Co., Ltd., Wu Qi had already notified Wan Henghao and made a clear notice when he transferred the equity."

"Therefore, Wan Henghao's salary arrears should be borne by Tianlan Construction Co., Ltd."

"That is, according to the crime of refusal to pay remuneration, we are not the subject of it, and it does not constitute our non-payment of remuneration."

To put it simply, if you want money, you should go with Tianlan Construction Company, don't ask us.

As for whether Tianlan Company has money or not, that's not our business.

Since it is asking others for money, then we certainly do not constitute the crime of refusing to pay labor remuneration.

Hearing Zhang Xiao's defense, Wu Qi instantly gave a thumbs up:

"He deserves to be a lawyer in a big law firm! It's a cow! ”

He could tell that what he meant was that it had nothing to do with him.

Zhang Xiao continued: "Second: based on Wan Henghao's salary arrears and labor contract issues, it was signed with Tianlan Construction Co., Ltd.

The current legal person in charge and equity holder of Tianlan Construction Co., Ltd. should be found to claim, that is, the litigation claims appealed by the litigation party above are not established! ”

"We apply to dismiss all of the parties' claims."

I have to say that Zhang Xiao, as a lawyer of Nanyuan Law Firm, does have a bit of hard power.

After listening to Zhang Xiao's defense opinions, Su Bai nodded slightly, the focus of this lawsuit is not in other aspects.

Mainly in the judgment of whether Wu Qi is responsible for Wan Henghao's salary arrears!

As long as the judgment can be judged on Wu Qi, it is fine.

Now the main focus of the other party's defense is that the legal representative and equity of Tianlan Construction Co., Ltd. have been transferred.

What he has to do now is to have the court decide to revoke the equity transfer agreement, or that the equity transfer agreement is invalid.