As a Lawyer, You Sent the Judge In?

Chapter 62 Judgment: The equity transfer agreement is invalid and shall be withdrawn!

 At the litigants' table.

After Su Bai sorted out the materials, he slowly spoke:

“Presiding judge, the materials we submitted are those of Shen Guang, the major shareholder and legal person in charge of Tianlan Construction Co., Ltd.”

  “Based on information.”

“Shen Guang, the major shareholder and legal person in charge of Tianlan Construction Co., Ltd., is now a person subject to execution and does not have any enforceable property in his name. Wu Qi transferred the equity to Shen Guang without any profit.”

“According to Article 20 of the Company Law:”

“Shareholders and principal persons in charge of a company shall not abuse the independent status of a company as a legal person and the limited liability of shareholders to harm the interests of the company’s creditors.”

“Currently, Wu Qi has transferred the equity and legal person in charge to Shen Guang, which has seriously infringed upon the interests of our client.”

“I would like to ask Wu Qi, the party being sued, that you have no relationship with Shen Guang.

 He does not have any ability or property to pay for your equity in a reciprocal transaction.

 Didn’t you transfer the company’s equity and legal person in charge to Shen Guang to avoid debt responsibilities? "

“Or is it that Shen Guang is able to pay for the equity you transferred?”

“I would like to ask the party being sued, does it have any proof that it can prove that the other party paid you the equity transfer fee?”

"If we cannot prove it ourselves, then we have the right to believe that the other party is suspected of maliciously transferring the company's debts, and we apply to cancel the equity transfer contract between Wuqi Company's equity and the legal person in charge!"

 Several issues are connected in series.

 Wu Qi was so confused by the question that he felt his head was filled with confusion.

 You said you had no malicious intent to evade debt, but has the other party paid you the equity transfer payment?

 If not, isn’t it a proper failure to pay? Isn’t it considered a free gift of equity and malicious evasion of debt?

If it was paid, how could Shen Guang, as a person subject to execution, have the money to pay the equity transfer fee?

 This evidence needs to be provided by Wu Qi!

 But the problem is, Wu Qi can’t produce any evidence at all!

Shen Guang is a person subject to execution and does not have any property in his name.

 This is also the main reason why Wu Qi chose Shen Guang to become the legal person in charge and transfer the equity.

 Based on the concept that if I have money, I won’t pay it back. He really wanted to avoid debt in this way.

Facing Su Bai’s question, Wu Qi didn’t know how to answer for a while, so he turned his attention to Zhang Xiao.

At this moment, Zhang Xiao realized that he had jumped into this pit!

 Being taken away by the other party.

Su Bai brought him back to the problem of maliciously evading debt!

 At the judgment seat.

Yu Zhenyang banged the gavel.

 Dong dong dong!

“The party being sued, do you have any objections?”

Facing the question from Zhenyang, the presiding judge, Zhang Xiao took a long breath. Seeing the smile on Su Bai's lips, he knew that he had fallen into the pit.

However, the position of the statement still needs to be expressed.

“Presiding judge, we raise objections. Our contract and the transfer of equity are legal and valid, and there is no subjective evasion of responsibility.”

Yu Zhenyang glanced at the evidence materials, looked up at Zhang Xiao who was sitting in the sued seat, and frowned slightly:

“As raised by the litigant, do you have any evidence to prove that Shen Guang actually paid the transfer fee for your equity?”

Facing Zhenyang’s words, Zhang Xiao was still a little hesitant, but when he thought about it, he really had no way to prove it.

 In case you say something wrong

 Tut.

That's not Wu Qi's business, that's his business.

 Zhang Xiao shook his head: "Presiding judge, we have no evidence."

"Um!"

 Dong dong dong!

Yu Zhenyang banged the gavel.

"The court determined on the spot that the party being sued, do you have any evidence to prove that Shen Guang paid your equity transfer fee? Do you have any objections to the determination?" "Presiding judge, we have no objection."

 Dong dong dong!

Yu Zhenyang looked at Su Bai again: "Does the litigant have nothing to add?"

“Presiding Judge, we have nothing to add.”

"OK!"

Yu Zhenyang nodded slightly and struck the gavel again:

“In this case, Wu Qi, the former legal person and shareholder of Tianlan Construction Co., Ltd., maliciously transferred the company’s debts. The transfer contracts of Wu Qi, Xie Yu, and Dong Qiang are now determined to be invalid, and their share transfer agreements are revoked.”

　　咚咚!

“Do both parties have any objections to this judgment?”

　　After Su Bai heard the result of the judgment, the corner of his mouth raised slightly.

From the current point of view, with such a judgment, the recovery of property is considered stable!

 The revocation of the equity transfer agreement means that the three other parties must bear Wan Henghao’s back wages.

Wan Henghao’s main commissioning purpose has been achieved.

 After hearing the verdict, Li Xuezhen on the side looked straight at Wu Qi, her little face full of excitement.

 Four consecutive victories are considered stable!

“Presiding judge, we have no objection.”

Su Bai finished speaking and turned his gaze to the seat of the party being sued.

 “We have no objection.”

 Zhang Xiao spoke helplessly.

 At the seat of the sued party, Wu Qi was so anxious that he started to sweat:

“Lawyer Zhang, what’s going on now? Why is it still determined that the transferred share agreement has been revoked?”

 “What to do now!”

 “I shouldn’t really be convicted, right?”

Wu Qi, who was still proud at first, was really panicked at this moment.

 Zhang Xiao rubbed his temples, what else can he do now?

 The judgment has been judged.

There is no way to change the facts. Although the transferred share agreement is legal, Wu Qi does have the fact and subjective intention to maliciously evade debts.

The other party’s step-by-step rhetorical inducement caused one’s side to fall into the pit.

 And the other party also raised a key point. Shen Guang, the current equity owner and legal representative of Tianlan Construction Co., Ltd., is the person subject to execution and is unable to pay Wu Qi as the equity transfer payment.

If the transfer is free of charge, the chief judge will definitely determine that it is a malicious attempt to evade debts and order the withdrawal of the equity transfer!

And Wu Qi could not prove by himself that he had no malicious intent to evade the debt.

Even if Wu Qi secretly gave Shen Guang a sum of money, Shen Guang, as the person subject to execution, had no property in his name.

 The source of the money will also be investigated, and it is finally traced to Wu Qi, who is determined to be maliciously evading debts.

 This hurdle is definitely impossible to overcome.

Facing Wu Qi’s inquiry, Zhang Xiao took a deep breath. He didn’t have any confidence in his heart.

“Let’s take it one step at a time. The specific results will depend on the subsequent defense.”

Wu Qi looked slightly nervous when he heard this.

 Isn’t the underlying meaning of taking one step at a time that there is no bottom now?

“As for the subsequent defense, Lawyer Zhang, are you sure about it?”

"You don't have enforceable property in your name. You don't have the ability to pay wages, and you don't maliciously avoid paying labor remuneration. Let the trial continue."

Hearing this, Wu Qi nodded slightly and breathed a sigh of relief.

 Subconsciously, he raised his head and looked in the direction of Wan Henghao.

Li Xuezhen was seen staring at him intently, and her eyes felt a little strange.

  But what exactly is strange, I can’t tell.

 What is this little girl doing?

 (End of this chapter)