2023/12/5 A real face-to-face between partners
How bad can a person be? There is also deception between partners. Before, a friend opened a script killing shop, which sold very well and the business was quite good.
According to what he said, there was a shareholder who paid the money, when they agreed in the contract, he as a partner, after the capital contribution, the total profit and loss, there is a general meeting of shareholders every month, and major matters should be discussed before implementation, but he is not responsible for the specific operation and management, and then because of the three-year cold, the performance of this store is not very good, and after losing money, there are debts, things are so delicate, when they make money, they are shareholders, and they are willing to be the boss.
When I lost money, I hid and told the creditor that I didn't know about the debt, and asked the creditor to come to my friend.
Isn't that just blaming all the problems on my friend? But this friend, it is impossible for him to pay off the debts of the store by himself, and in the end, the creditor sued all their shareholders, because the contract stipulates that one shareholder does not participate in the operation and management, so the court finally ruled that he is not a partner, so he does not bear joint debts.
Then the outcome of this case is a co-run script killing shop, and the debts incurred are finally paid by the friend alone.
Now that the verdict has been handed down, my friend himself has admitted it, anyway, he often loses money, and he has long been used to it.
But the development of things later, obviously opened his eyes, you don't know how bad people's hearts can be, it's not enough for friends to carry all the debts, this shareholder who does not participate in the operation and management still wants his friend to return his investment principal.
It's this partner, who used to be very affectionate with his friends, and I can't wait to wear a pair of pants with him to fight for a better future.
Friend, he shouted respectfully
The partner of "brother", with the court verdict, sued his friend on the grounds that he had unjust enrichment.
The specific content is that the court ruled that the relationship between them was not a partnership, so the friend had no legal basis to receive his investment of 400,000 yuan, and this money was also a friend's unjust enrichment.
This partner, who does not participate in the operation and management, took the court judgment as evidence to sue his friend and asked him to return his investment money, the focus is to pay interest to him, that is to say, they partnered together to open this script killing shop, and it was originally agreed to share profits and losses, eat meat together, and carry things together, but as a result, he lost money, not only did he not need to bear debts, but he also did everything possible to get back the principal of his investment from his friend, this is the partner in reality.
He felt that the investment must make money, and if he loses, he wants his friend to bear it alone, and he also wants to get the principal back through various means.
He was so wishful thinking, but fortunately, both the first and second trials ruled that he lost, on the grounds that there was a partnership agreement between the two of them, and it could not be regarded as a friend and it was unjust enrichment.
If you were a normal person, the case would be closed, but he would file a retrial with a dead face, and it was very troublesome to file a lawsuit, it would cost money to hire a lawyer, and it would take time to prepare evidence, and my friend was almost annoyed by him, but he was still worried that he would be angry to death after losing.
This is the real partner, when he makes money, he wants to take more, and when he loses, he wants to jump ship, trapping his friend in the haze alone, but he runs away by himself.
Book friends, you must have a clear division of labor when you partner with anyone, and remember that one thing must not be written in the contract
"Someone does not participate in management", because the law stipulates that if you do not participate in management, you are not a partner, and it is easy to say that if you make money, once you lose money and generate debts, people can ignore it as a reason, you are thinking about business, but the partner wants to use you as a backing, pit you to death, and he can live.