You became a lawyer and sent the judge in?
Chapter 62 Judgment: The equity transfer agreement is invalid and withdrawn!
at the litigant's seat.
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 the information."
"Currently Shen Guang, the major shareholder and legal person in charge of Tianlan Construction Co., Ltd., is 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:"
"A company's shareholders and principals must not abuse the company's independent status 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 on 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?"
"May I ask if the party being sued has any proof that you 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 Wu Qi Company's equity and the legal person in charge!"
Several questions are connected together.
Wu Qi was so confused by the question that 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 a malicious attempt to evade debt?
If it was paid, how could Shen Guang, as a person subject to execution, have the money to pay the equity transfer?
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.
In line with the concept that if I have money, I just 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!
Was taken away by the other party.
Su Bai brought him back to the issue of maliciously evading debt!
On the judgment stand.
Yu Zhenyang banged the gavel.
Boom, boom, boom!
"Does the litigant have any objections?"
Facing the questioning 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 statement still needs to be expressed.
"Presiding judge, we raise objections. Our contract and equity transfer 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.
What if I say the wrong thing?
Tsk.
That's not Wu Qi's business, that's his business.
Zhang Xiao shook his head: "Presiding judge, we have no evidence."
"Um!"
Boom, boom, boom!
Yu Zhenyang banged the gavel.
"The court determined on the spot, 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."
Boom, boom, boom!
Yu Zhenyang looked at Su Bai again: "Does the litigant have anything 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."
Boom!
"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.
Judging from the current situation, with such a judgment, the recovery of property is considered stable!
The cancellation of the equity transfer agreement means that the three other parties must bear Wan Henghao's back wages.
Wan Henghao's main entrustment purpose has been achieved.
After Li Xuezhen heard the verdict, her eyes fell directly on Wu Qi, her little face full of excitement.
The four-game winning streak is almost guaranteed!
"Presiding Judge, we have no objection."
After Su Bai finished speaking, he turned his gaze to the seat of the party being sued.
"We have no objection."
Zhang Xiao spoke helplessly.
At the defendant's seat, Wu Qi was so anxious that he started to sweat:
"Lawyer Zhang, what is going on now? Why is it still determined that the transferred share agreement has been revoked?"
"What to do now!"
"Should I really be convicted...?"
Wu Qi, who was originally proud, was really panicked at this moment.
Zhang Xiao rubbed his temples, what else could he do now?
The judgment has been made.
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 inducement led him to fall into the pit.
And the other party also brought up 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 presiding judge will definitely determine that it is a malicious attempt to evade debts and decide to withdraw the equity transfer!
And Wu Qi couldn't prove to himself that he had no malicious intent to evade 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 result still depends on the subsequent defense."
When Wu Qi heard this, he looked slightly nervous.
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 Wan Henghao's direction.
Li Xuezhen was seen staring at him intently, and her eyes felt a little strange.
But I can't tell exactly what's strange.
What is this little girl doing?
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