The Pioneer of the Rebirth Era

Chapter 1647 Jump out of the contract and sue

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

It seemed to be asking what was the relationship between Yang Dongxu and this Qi Bin, and whether he wanted to help.

Of course, this meaning is what Hu Changzhi thinks, not what He Xin thinks.

He Xin just had such an expression at this moment, it was a little confused. I was having a headache about Daxing Garment Factory's pressure on my own payment. I invited Yang Dongxu to help me for this matter. I didn't expect to meet the same sufferer when I went out for a meal.

Not only Hexin was a little dazed at this moment, but even Yang Dongxu was also dazed for a moment.

In Hu Changzhi's view, these expressions are undoubtedly a bit embarrassing for the other party not wanting to help him, and this is an attempt to shirk.

Seeing that the other party was so 'meaningful', Hu Changzhi hesitated for a moment and put a smile on his face, "If Boss Zhou is in trouble, just treat me as nonsense, and I will punish myself with three cups to make amends."

Although he really wants the other party to help, Hu Changzhi obviously doesn't want to offend anyone. Although his garment factory is currently in difficulty due to the default of payment by Daxing Garment Factory, otherwise he would not spend money to hire a lawyer from a well-known law firm to file a lawsuit.

However, he gritted his teeth on the capital issue of the factory, and he could still survive the turnover. It is not hopeless to overcome the current difficulties.

But offending Hexin would be a bit of a loss, because everyone in this industry knows that this seemingly innocuous garment factory owner in front of him is backed by Huaxiu.

Although the profit of Huaxiu's order is low, because of the stable income, it is not easy for anyone to take it. At least he, Hu Changzhi, spent a lot of effort, but he didn't figure out which way the Huaxiu gate opened.

Just focus on not merging reasonable factories before, and borrowing money to expand the current production line productivity. There are only two in Jiaxing that can receive orders for Huaxiu.

One is to care about himself, the other is a reasonable factory that merged with him, and the two are cousins.

And as someone who has experienced it, Hexin has grown from a small workshop to a big boss worth tens of millions in just a few years. Who would believe that he has no skills and has nothing to do with Huaxiu.

So Hu Changzhi was afraid that when his head got hot and he asked someone for help, the gain would not be worth the loss if he didn't find a helper and found an enemy, so he quickly admitted his mistake. It's common for little people to do things like this.

"Boss Hu has misunderstood." Looking at Hu Changzhi's expression and words, how can he not know that the other party is apologizing. After all, even with the help of Yang Dongxu, he started from a small workshop step by step.

"It's not that I don't help Boss Hu, it's that Daxing also pressured me with a payment of more than 3 million yuan and didn't pay me. I'm also looking for a lawyer during this time to see if I can resolve this matter.

You also know about the expansion of my new factory building. The bank loan here is about to expire, so funds are tight, and this matter is also a headache during this period. "He Xin smiled wryly.

Although everyone outside thinks that he is a big boss worth tens of millions, his family knows his affairs. If you count the fixed assets, the worth is indeed so much.

But even if the boss is worth tens of millions, he doesn't even have a million cash in his bank account. More than 90% of all net worth is held down by the factory and business.

"Daxing also suppressed Boss Zhou's money? With your relationship with Huaxiu, he dares to suppress your money?" Hu Changzhi's first reaction when he heard Hexin's words was surprise, obviously he didn't believe it.

But looking at He Xin's expression, it seems that he is no longer joking with himself. What's more, there is obviously no need to laugh at this matter.

And if he doesn't want to help with this reason, it's too bad. So since Hexin said so, then this matter is obviously true.

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

It was not ordinary embarrassment for him to be able to do this matter. In fact, after expanding the production capacity at the beginning, it was not that he never thought about continuing to cooperate with Huaxiu.

I even tried to talk about it. Although Huaxiu's order profit is low, but because of the stability, there are always orders available and it is very popular. But the manager of Huaxiu's marketing department didn't feel too embarrassed when he asked for more orders, and agreed after a little hesitation.

It was because he was a little greedy and wanted to make more money, so he fell into the pit of Daxing clothing.

This is also after something happened, he didn't dare to contact Yang Dongxu immediately, and he didn't dare to go to Huaxiu to find someone he knew acquainted with and sit down at the dinner table with the boss of Daxing. It is the reason to ask relatives and friends to borrow money to relieve stress.

"There is nothing to lie to you about this matter, because this matter is too embarrassing, so news." He Xin said with a wry smile.

"It's really true." Hu Changzhi didn't know what to say for a while.

At this time, Yang Dongxu, who was sitting next to him without speaking, said, "You have been pressed for payment, did you also give a deposit at the beginning to make you feel that the matter is stable.

Then after the delivery, the other party accepted the goods, but the money was not settled. Then it was writing a check, and signing some kind of guarantee agreement, which has been procrastinating. "

"You are also like this?" Hu Changzhi was surprised.

He looked at Yang Dongxu who was talking, then looked at He Xin next to him, and He Xin nodded in embarrassment.

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

"Sue it, the court can accept it anywhere, but after the final review, it was notified that it was a civil economic dispute and let us negotiate to resolve it. If I can negotiate a solution, why would I spend money to find a lawyer to file a lawsuit?" Hexin complained.

"You have also been judged as a civil dispute." Hu Changzhi opened his mouth wide.

"You too?" He Xin was stunned.

This is too coincidental, it is exactly the same without any deviation.

"I just got into a civil dispute after suing. I asked several law firms in Jiaxing, and the answer I gave was to negotiate with the boss of Daxing Garment Factory. If we can negotiate well, I still need to rely on relationships to resolve this matter. ?

So there is really no other way. I heard that Lawyer Qi's law firm is a well-known law firm in Shanghai. It has a high rate of winning lawsuits. That's why I gritted my teeth and paid a high price to invite Mr. Qi here. "

"It's absurd, it's absurd. In every case, we do our best and do our best." Qi Bin said politely.

"How do you understand the case here? Do you have any ideas?" Yang Dongxu asked, and added after asking, "Of course, if there are regulations on privacy, just pretend that I didn't ask."

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

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

"Let's talk about it. Since my experience with Boss Zhou is the same, there is nothing to hide. If you make it clear, tell us all about it. Then you will even accept Boss Zhou's lawsuit together." Hu Changzhi said half-jokingly.

Qi Bin nodded, "I already know about the facts of the case, and I have read the signed contract, supplementary agreement, and checks.

If Mr. Zhou's experience is the same as that of my client, Mr. Hu. In this case, the court felt that it was a civil dispute and did not give a penalty. In fact, there is nothing wrong with it. "

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

"That's right, how can there be nothing wrong with it. It's obvious that he is bullying others."

As soon as Hexin heard Qi Bin say that, 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 nothing wrong, I mean nothing wrong within the scope of the contract. For example, when signing the contract, the other party paid the deposit specified in the contract.

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

That's fraud, a breach of contract. But with this guarantee agreement, it is different. With this agreement, it means that you agree to wait for the other party's company to have money in its account before cashing the check.

And the other company has no money in the account, this is not a direct breach of contract, because the agreement is the main body, the check is only a supplementary clause, and if the supplementary clause cannot be cashed, then it will be executed according to the main contract.

Note that the other party did not violate the contract, and did not say that they would not pay back the money, but the company had no money in the account, so it was judged as 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, it still does not need to bear legal responsibility.

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

Then when you sue the other party, the court will file a criminal case to punish you.

However, the other company pays taxes reasonably and is a major local taxpayer. In the face of such disputes, in order to stabilize the local market, the business atmosphere and so on. The court will generally judge civil disputes and let you negotiate by yourself. "

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

"That's right, it's obvious that the other party is setting up a trap. And the civil dispute decided by the court is negotiated by itself. It's really because the other party pays taxes, and there is so much protection. Is it possible that someone is superior to the other party?"

"I don't know if there are people or nobody you mentioned." Qi Bin said, "But even if there are people, they only provide some convenience.

The main reason is that the other party is a large taxpayer, and the convenience provided on this basis. Without this premise, it is easy for someone to overturn if they do this.

After all, Jiaxing has a good business atmosphere, and in a place with a good business atmosphere, under normal circumstances, government law enforcement agencies will generally not make too bizarre commercial penalties.

For example, the security of well-known scenic spots in the world is relatively good. After all, only when personal safety is guaranteed can tourists come to travel. There is no guarantee of their own safety, who is willing to risk their lives to travel?

On the contrary, the same is true of the commercial market. The general environment is relatively fair and just, and only when government agencies encourage policies and enforce laws are in place can businessmen invest with peace of mind. Given the market atmosphere in Jiaxing, even someone on the other side would not dare to be so unscrupulous.

But this person, the owner of Daxing Garment Factory, must be a veteran of setting up tricks, or someone who has given advice in this regard. Otherwise, such an approach should not be taken to make a profit. "

"Then what should we do now, is there nothing we can do about him?"

Hu Changzhi and He Xin listened in a bit of a fog, obviously not understanding the twists and turns. But the other party did not violate the law, and there was nothing wrong with the civil dispute. This point can still be heard.

"If I didn't happen to meet Mr. Zhou today, then the method I adopted would be to negotiate with other lawyers first, take a loss and get back the capital, and then see if the other party has any other loopholes.

But when I met Mr. Zhou today, I thought of a way to turn passive into active. "

"any solution?"

"Since the other party has delayed the payment for Mr. Hu, he has also delayed the payment for Zhou Xianshang. It is very likely that the other party has also delayed the payment for other people.

To deal with this case according to the contract dispute, unless we can find a strong force to exert pressure, otherwise the other party has been dragging on to carry out civil mediation and our side will indeed be passive. "

Speaking of this, Qi Bin glanced at Yang Dongxu subconsciously, and then continued to speak, "So my solution is that if the other party really suppressed the payment of many companies, then we can unite with the party who is in arrears and directly jump out of the original contract." The contract sued the other party for illegal fundraising.

I have briefly investigated the assets of Daxing Garment Factory, and the estimated value will not exceed five million. The company's own value is so low, Daxing's clothing business can still grow so big, it has a lot to do with his boss's personal connections.

For example, Daxing Garment Factory claims to be a garment factory, but in fact it doesn't have many production lines at all. Most of them use relationships to get orders with high profits, and then distribute these orders to other garment factories to make a difference in the middle price.

They don't do anything, but earn more than the people who do it, so it feels like the business is doing very well, and all aspects are good.

Because the value of Daxing Company itself is not high, and there is no clause in the law that can materialize personal connections into specific property.

So now Mr. Hu is owed more than one million yuan, and Mr. Zhou is owed more than three million yuan, which is more than four million yuan in arrears. Basically, the sum of the two people's arrears is equal to Daxing The company's market value.

Therefore, you only need to find a few more merchants who are owed by the other party, as long as the other party's defaulted payment exceeds the value of his company by a lot.

Then take the guarantee agreement signed by the company as a guarantee, because the value of Daxing company itself is much higher than the funds that are said to be "raised", which is a proper illegal fundraising.

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

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

"That's it. Since the other party is so courageous, they definitely won't just hold down the money from our two companies. There must be other victims."

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