Recently, by Yan Huainan, Zhu Kun, Li Mingzhen lawyers composed of King&Capital team of lawyers, in a private loan dispute case, by playing a good criminal, civil double combination punch, for no reason to implicate the private enterprises to protect, save more than ten million yuan loss, with professionalism and dedication, cast the private enterprise production and operation of the security dam.
I. Brief description of the case: private enterprises bear the responsibility of repayment of more than ten million dollars without any reasons
A company for the client, but also the local industry benchmark, set up a branch in a certain place B, responsible for C, AB main business scope of cost consulting, no engineering construction qualification, D for the construction of professional engineering personnel, before and ABC do not know, but also without any financial transactions, because of the desire to undertake related projects introduced by the C acquaintance, C commitment to the project can be undertaken by the D, but need to pay for the relevant costs, so C in the A company is fully responsible for the repayment of more than 10 million yuan, the private enterprises to bear the responsibility for the repayment for no reason. Costs, so C in the A company is completely unaware and the project has not been issued project announcement and bidding announcements under the circumstances to provide a branch of B's account, used to receive D to pay for the memo for “materials” of the cost, D before and after dozens of completed transfers, a total of more than ten million yuan. May be in order to ensure the safety of funds, or to cover up the nature of the funds involved, D let C issued by the C signature and stamped with the official seal of the company B (all by C custody) of the “loan”, but such a large amount of borrowing in the loan has not agreed on the interest rate, nor agreed on the repayment period and the way, the D name is also written wrongly, but the two sides did not object to it, and in the long more than ten years of the For more than ten years, D also did not claim “repayment” to C. Later, D sued C for repayment and listed A as a co-defendant (B is a branch of A), the first instance judgment that the loan was established, A bears more than ten million dollars joint and several repayment responsibility, so commissioned the King&Capital team of lawyers to carry out the rescue.
Second, in the face of danger, rapid action
King&Capital lawyers in the face of danger, the formation of criminal and civil specializing in the team of lawyers, and quickly start the action. Through the company visit, the second trial court procedures, read the file, combing materials, etc., found that no matter from the cause of borrowing, borrowing through, the source of money, interest agreement, etc. are not in line with the nature of the private loan, that is, the money involved is not a loan, is very likely to be introduced to the fees, advances, or even bribe money, etc..
(A) accurate research and judgment, found clues to the crime, write the accusation material to report the case
Team lawyers after accurate research, determine the case neither the fact that there is a loan, there is no borrowing relationship, the reason why the case, the defendant C is not in accordance with the previous agreement to fully perform, and D has lost a lot of money, so the use of false debit note sued to the court, and make a false statement, mislead the court, so that should not be responsible for the A company has to assume responsibility for repayment of more than ten million dollars, has been suspected of false litigation crime. Therefore, the team of lawyers to fight to promote the discussion, the organization of evidence, and ultimately formed dozens of pages of criminal charges, and at the same time to the court of second instance to submit the relevant clues of the crime pleading for transfer to the public security organs. During the period, the lawyer team not only to the investigation department, but also to the relevant departments to submit the case materials to reflect the situation, several departments to coordinate and linkage, this move, but also for the follow-up of the second trial laid a good foundation.
(B) serious preparation, civil second instance trial, break the nature of the loan
The lawyer team knows, no matter the civil case because the court found that the criminal clues transferred to the public security organs, or the court of second instance directly dismissed the plaintiff's lawsuit, as long as the entrusted company to unlock, can achieve the purpose of entrusted. Therefore, in the civil second instance procedures, the team lawyer not only actively collect evidence, submit new evidence material, and further communication with the court false lawsuit crime, and in the second instance court to ask questions, show evidence, comprehensively express the agency opinion, to the criminal and civil cross double combination punch, break the plaintiff's evidence system, shaking the judge's free evidence.
Third, reject the original judgment, comprehensive loss recovery
Finally, after the lawyer team and commissioned by the company's unremitting efforts, the court of second instance to revoke the judgment of first instance, dismissed the plaintiff's lawsuit, the commissioned by the company from the first instance to bear more than 10 million yuan responsibility to the full set, realize the full victory. King&Capital lawyers with professional skills, strong sense of responsibility and dedication, to protect the private enterprise production and capital security, build the development and operation of the dam.
Fourth, conclusion: private enterprises to strengthen risk prevention, protection of business security
Private enterprises in the production and business activities, there will inevitably be unexpected risks or difficulties, especially in this case due to the establishment of off-site branches of poor supervision and legal risks and other behavior. Therefore, the enterprise must do a good job of risk isolation and risk self-examination, strengthen the safety management supervision, regular self-examination and self-correction, clear the authority of the main business personnel, improve the internal personnel management and the official seal custody, use and system, to prevent others from abusing the name of the company to engage in a variety of illegal behavior, in the event of legal disputes, put an end to wait-and-see, and take timely measures to legally safeguard their own rights and interests, and to protect the safety of the enterprise operation.
King&Capital lawyers, has been for the private enterprise safety and lawful operation escort, also has been in the legal rights and interests of the road, the pursuit of excellence, not to live up to the trust!
