Pioneer of the Rebirth Era

Chapter 1,644 Suing outside the contract

The dinner was a little awkward. Hexin glanced at Hu Changzhi in surprise, then turned to look at Yang Dongxu, and then at Qi Bin.

It seemed like he was asking about the relationship between Yang Dongxu and Qi Bin, and whether he wanted help from his side.

Of course, this meaning was what Hu Changzhi thought it meant, not what He Xin had in mind.

He Xin's expression at this time was a bit confused. He was having a headache about Daxing Garment Factory's pressure on him to pay for his goods. He invited Yang Dongxu to help him just for this matter. He didn't expect that when he went out for a meal, he encountered the same person.

The master of suffering.

Not only was Hexin a little confused at this time, but Yang Dongxu was also stunned for a moment.

In Hu Changzhi's view, these expressions undoubtedly meant that the other party did not want to help him, and was trying to shirk away.

Seeing the other party's "meaning", Hu Changzhi hesitated and put on a smile, "If Boss Zhou is in trouble, forget it, just think I'm talking nonsense, and I'll punish myself with three glasses of wine to make amends."

Although he really wanted the other party to help him, Hu Changzhi obviously didn't want to offend anyone. Although his garment factory is currently in some operating difficulties due to the default payment of the Daxing Garment Factory, otherwise he would not have spent money to hire a lawyer from a well-known law firm to litigate the case.

But he gritted his teeth about the factory's financial problems and was able to sustain the company's turnover. It was not hopeless to overcome the current difficulties.

But offending He Xin would be a bit of a loss, because everyone in this industry knows that the owner of the clothing factory in front of him, who doesn't seem to be very powerful, is backed by Hua Xiu.

Although the profit of Huaxiu's orders is low, because of the stable income, not just anyone can take it. At least he, Hu Changzhi, spent a lot of effort and didn't figure out where to open the door of Huaxiu.

Before Hexin, there were no reasonable factories to merge and loans to expand the productivity of the current production line. There were only two companies in Jiaxing that could receive orders from Huaxiu.

One company is Hexin himself, the other company is a reasonable factory that merged with him, and the two of them are cousins.

As someone who has experienced this, Hexin has grown from a small workshop to a big boss with a net worth of tens of millions in just a few years. Who would believe him if he said he had no skills and had nothing to do with Huaxiu.

Therefore, Hu Changzhi was afraid that if he asked someone for help when his head was hot, he would lose more than he gained if he found an enemy instead of a helper, so he quickly admitted his mistake. It is common for little people to do such things in public.

"Boss Hu has misunderstood." Looking at Hu Changzhi's expression and words, he knew he was trying to apologize. After all, despite Yang Dongxu's help, he started from a small workshop step by step.

"It's not that I don't help Boss Hu, but Daxing is also pressing me for more than 3 million yuan in payment and has not paid me. I have been looking for a lawyer during this time to see if I can solve this matter.

You also know about the expansion of my new factory. The bank loan I owe here is about to expire, so funds are tight. This matter has been a headache for me during this period." He Xin smiled bitterly.

Although everyone outside thinks that he is a big boss worth tens of millions, his family knows his business. If you include fixed assets, his net worth is indeed that much.

But even though he is a big boss with a net worth of tens of millions, he does not even have one million in cash in his bank account. More than 90% of his net worth is held in factories and businesses.

"Daxing also squeezed Boss Zhou's money? With your relationship with Hua Xiu, how dare he squeeze your money?" Hu Changzhi's first reaction when he heard He Xin's words was surprise, obviously not believing it.

But looking at He Xin's expression, it seemed that he was no longer joking with himself. What's more, there was obviously no need to joke about this matter.

And if you use this reason to accuse him of not wanting to help, that's too much. So since He Xin said so, then this matter is obviously true.

When Hexin heard the other party mention Huaxiu again, he glanced at Yang Dongxu subconsciously.

This incident was not an ordinary embarrassment to him. In fact, after initially expanding productivity, he had not thought about continuing to cooperate with Huaxiu.

He even tried to talk about it. Although Huaxiu's order profit was low, it was very popular because it was stable and there were always orders available. However, the manager of the marketing department at Huaxiu didn't have any embarrassment about his request for more orders.

He hesitated before agreeing.

He was a little greedy and wanted to make more money, so he fell into the trap of Daxing Clothing.

This was also after the incident, he did not dare to contact Yang Dongxu immediately, nor did he dare to go to Huaxiu to find an acquaintance to connect with the boss in Daxing to sit down at the dinner table to talk. Instead, he went to relatives and friends.

Reasons to borrow money to relieve stress.

"There's nothing to lie to you about, because it's too embarrassing, so the news..." He Xin said with a bitter smile.

"This...this thing...is really..." Hu Changzhi didn't know what to say for a while.

At this time, Yang Dongxu, who had been sitting silently next to him, said, "You are pressed for payment, did you give me a deposit at the beginning to make you feel that this matter is stable?

Then after the delivery, the other party received the goods, but the money was not settled. Then another check was issued, and some guarantee agreement was signed and they were delayed."

"You are like this too?" Hu Changzhi looked surprised.

He looked at Yang Dongxu who was speaking, and then looked at He Xin beside him, who nodded awkwardly.

"Have you filed a lawsuit?" Qi Bin asked.

"I filed a lawsuit, and no court accepted it. But after the final review, I was notified that this was a civil economic dispute and we should resolve it through negotiation. If I could resolve it through negotiation, why would I have to spend money to find a lawyer to litigate?" He Xin complained.

"You have also been judged to be a civil dispute." Hu Changzhi opened his mouth.

"You too?" He Xin looked stunned.

This is too much of a coincidence, they are exactly the same without any deviation.

"I just got into a civil dispute after filing a lawsuit. I asked several law firms here in Jiaxing, and the answer they gave me was to negotiate with the boss of Daxing Garment Factory. If we can negotiate well, I still need to rely on connections to solve this matter.

?

This chapter is not finished yet, please click on the next page to continue reading the exciting content! So there is really no other way. I heard that Lawyer Qi’s law firm is a well-known law firm in Shanghai, and the winning rate of lawsuits is very high, so

I just gritted my teeth and paid a high price to invite Mr. Qi over."

"That's ridiculous, that's ridiculous. In every case, we try our best and do our best." Qi Bin said politely.

"How do you know about the case? Do you have any ideas?" Yang Dongxu asked, and then added, "Of course, if there are regulations on relative privacy, just pretend I didn't ask."

"There must be privacy regulations, but..." Qi Bin said, but before he finished speaking, he looked at Hu Changzhi next to him.

This privacy is obviously the privacy of the client. As for the privacy of the case, as an attorney, he can control it himself, but the client's privacy needs to be decided by the client himself.

"Tell me about it, since I have the same experience as Boss Zhou, there is nothing to hide. If you figure it out, tell us, and then you will even take on Boss Zhou's lawsuit." Hu Changzhi said half-jokingly.

Qi Bin nodded, "I already know almost everything about the case. I've read all the signed contracts, supplementary agreements, and checks.

If Mr. Zhou’s experience is consistent with that of my client, Mr. Hu, then there is nothing wrong with the court considering this case to be a civil dispute and not imposing a penalty.”

"Why is there nothing wrong? This is obviously the other party's breach of contract."

"That's right, how could there be nothing wrong with him? This is obviously because he is bullying others."

When Hexin heard what Qi Bin said, he immediately stopped complaining.

"Calm down, calm down and listen to Lawyer Qi continue." Yang Dongxu said.

Everyone looked at Qi Bin together.

"When I say there is nothing wrong, I mean that there is nothing wrong within the scope of the contract. For example, when signing the contract, the other party paid the deposit stipulated in the contract.

Although the balance was not settled, the other party wrote a check and signed a supplementary security agreement. The focus is on this security agreement. If you just write a check, there is no such agreement.

Then this is fraud and a breach of contract. But with this guarantee agreement, it is different. With this agreement, it means that you agree to wait until the other company has money in its account before cashing the check.

The other party's company has always had no money in its account, so this is not considered a direct breach of contract, because the agreement is the main body, and the check is just a supplementary clause. If the supplementary clause cannot be cashed, then the main contract will be enforced.

Note that the other party did not violate the contract and did not say not to repay the money. It was just that the company had no money in its account, so it was judged to be a civil negotiation.

As for the misappropriation of money in the other party's account, if the other party can provide a reasonable basis for using the company's funds, there is still no legal liability.

At the same time, the most important point is that Daxing Garment has been paying taxes. If he has engaged in tax evasion of one kind or another, even if he uses so-called reasonable tax avoidance methods, he will not pay taxes at all.

When you sue the other party, the court will file a criminal case to impose a penalty.

But the other party’s company pays reasonable taxes and is a major local taxpayer. When faced with such disputes, in order to stabilize the local market and business atmosphere, the court will usually rule on civil disputes and let you negotiate on your own.”

"How could it be like this? I didn't want to sign that agreement, but the other party wouldn't pay me if I didn't sign it. That's why I signed it. How could I understand so many twists and turns?"

"That's right, this is obviously a trap set by the other party. And the civil disputes decided by the court are negotiated by oneself. Is it really because the other party pays taxes, and what kind of protection is there? Is it possible that there is someone on top of the other party?"

"I don't know if there is anyone in this place you are talking about." Qi Bin said, "But even if there is someone in this place, it only provides some convenience.

The main reason is because the other party is a large taxpayer and provides convenience on this basis. Without this premise, it would be easy for someone to do this again.

After all, the business atmosphere in Jiaxing is good, and in places with a good business atmosphere, government law enforcement agencies generally do not make too bizarre business penalties.

For example, the world's well-known scenic spots actually have relatively good security. After all, only when personal safety is guaranteed will tourists come. Who is willing to risk their lives when traveling when their own safety cannot be guaranteed?

On the contrary, the same is true for the commercial market. The general environment is relatively fair and just, and government agencies’ policy encouragement and enforcement are in place, so that businessmen can invest with peace of mind. With the market atmosphere in Jiaxing, even some people on the other side do not dare to be so unscrupulous.

But the owner of Daxing Garment Factory must be a veteran in setting up traps, or he must have someone who has given guidance in this field. Otherwise, he probably wouldn’t take such a method to make a profit."

"Then what should we do now? Is there nothing we can do against him?"

Hu Changzhi and He Xin listened a little confused, obviously not understanding the twists and turns. But the other party did not break the law and there was nothing wrong with the civil dispute, which they still heard.

"If I hadn't happened to meet Mr. Zhou today, the approach I would take would be to negotiate with other lawyers first, take some losses to get back the capital, and then see if the other party has any other loopholes.

But today I met Mr. Zhou, and I thought of a way to directly turn passivity into initiative."

"What can I do?"

"Since the other party has delayed Mr. Hu's payment for goods, and also delayed the payment for Zhou Xianshan's goods, it is very likely that the other party has also defaulted on the payment of other people's goods.

If this case is handled according to a contract dispute, unless a strong force can be found to put pressure, we will indeed be passive if the other party keeps delaying civil mediation."

Having said this, Qi Bin glanced at Yang Dongxu subconsciously, and then continued, "So my method is that if the other party really suppresses the payment of many companies, then we can unite with the parties who are owed payment and directly jump out of the original agreement.

The contract sues the other party for illegal fund-raising.

I have briefly investigated the assets of Daxing Garment Factory, and the estimated value does not exceed five million. The company's own value is so low, and the fact that Daxing Garment's business can be so big has a lot to do with the boss's personal connections.

For example, Daxing Garment Factory is said to be a garment factory, but in fact it has few production lines at all. Most of them use their relationships to get highly profitable orders, and then distribute these orders to other garment factories to make a profit in the middle.

They do nothing but earn more than the people who do the work, so it feels like the business is very big and good in all aspects.

Because the value of Daxing Company itself is not high, and personal connections do not have provisions that can be materialized into specific property in the legal provisions.

So now Mr. Hu is owed more than one million yuan, and Mr. Zhou is owed more than three million yuan. This is more than four million yuan in arrears. Basically, the sum of the arrears of goods owed by the two people is equivalent to Daxing.

The company's market value.

Therefore, we only need to find a few merchants who are owed money by the other party. As long as the other party's arrears exceed the value of his company by a lot.

Then take the guarantee agreement signed by the company as security collateral, because the value of Daxing Company itself is much higher than the funds said to be "raised", which is a proper illegal fund-raising.

If you win the lawsuit, you can not only apply for enforcement of the other party's personal property and repay debts, but you can also send the other party to jail."

He Xin and Hu Changzhi's eyes lit up, and they said in unison, "That's it, sue him for illegal fund-raising."

"That's it. Since the other party is so bold, it won't just suppress the payment of our two products. There must be other victims."

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