Chapter 1651: Skipping the Contract and Suing

The dinner was a little awkward. He Xin glanced 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 Qi Bin, and whether he wanted help.

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

The only expression He Xin had at this moment was that he was a little confused. I was having a headache because the Daxing Garment Factory was pressing down on my payment for goods. It was for this reason that I invited Yang Dongxu to help. I didn't expect that when I went out for a meal, I met the same sufferer.

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

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

Seeing that the other party was so 'meaningful', Hu Changzhi hesitated and put on a smile, "If Boss Zhou is in trouble, forget it. Just think of me as talking nonsense. I'll punish myself with three glasses of wine to make amends."

Although he really wanted the other party to help, Hu Changzhi obviously didn't want to offend anyone. Although his garment factory was now 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.

However, he gritted his teeth and was able to sustain the factory's financial problems. It was still possible to survive the current difficulties. It was not hopeless.

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, had tried so hard to find out which way the Huaxiu gate opened.

Hexin did not merge reasonable factories before and took out loans to expand the productivity of the current production line. There are only two companies in Jiaxing that can receive orders for Huaxiu.

One is Hexin himself, the other is a reasonable factory that merged with him, and the two 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 says he has no skills and has nothing to do with Huaxiu.

Therefore, Hu Changzhi was afraid that if he asked 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 things like this in spite of themselves.

"Boss Hu has misunderstood." Looking at Hu Changzhi's expression and words, he knew that the other party 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 three million yuan in payment and hasn't paid me. I'm also 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 about his affairs. If you include fixed assets, the net worth is indeed so 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 entire net worth is held in factories and businesses.

"Daxing also squeezed Boss Zhou's money? With your relationship with Hua Xiu, he dared to squeeze your money?" Hu Changzhi's first reaction when he heard He Xin's words was surprise, and he obviously didn't believe it.

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

And if you use this reason to stop him from helping, that's too much. So since He Xin said so, then this matter is obviously true.

When He Xin heard the other party mention Hua Xiu 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.

We even tried to talk about it. Although Huaxiu's order profit is low, it is very popular because there are always orders available. But the marketing manager at Huaxiu didn't have any embarrassment about his request 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 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 of Daxing at the dinner table. Rather, the reason is to borrow money from relatives and friends 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 is really true." 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 being pressed for payment, did you give me a deposit at the beginning to make you feel that this matter is stable?

Then after delivery, the other party received the goods, but the money was not settled. Then it was time to write a check and sign a guarantee agreement, but it was still 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 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 resolve this matter. ?

So I really had no choice. I heard that Lawyer Qi’s law firm was a well-known law firm in Shanghai and had a high success rate in cases, so I gritted my teeth and hired Mr. Qi at a high price. "

"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 thoughts?" 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 customer privacy. 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 Boss Zhou and I have the same experience, there is nothing to hide. If you figure it out, tell us about it. Then we will take on Boss Zhou's lawsuit as well." Hu Changzhi said half-jokingly.

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

If Mr. Zhou’s experience is the same as that of my client, Mr. Hu. Well, the court thinks that this case is a civil dispute and there is nothing wrong with not imposing a penalty. "

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

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

When He Xin 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.

"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 guarantee agreement. The focus is on the guarantee agreement. If you just write a check, there is no such agreement.

Then this is fraud and a breach of contract. But this guarantee agreement 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.

However, there has been no money in the other party's company account. This is not 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 engages in tax evasion of one kind or another, even if he uses so-called reasonable tax avoidance means, he will end up not paying any tax at all.

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

However, the other party's company pays reasonable taxes 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 usually decide 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 know so many twists and turns?"

"Yes, 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? 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 the convenience provided on this basis. Without this prerequisite, it would be easy for someone to overturn the situation 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 public security of famous scenic spots in the world is actually relatively good. After all, only when personal safety is guaranteed can tourists come to visit. Who is willing to risk their lives while traveling when their own safety cannot be guaranteed?

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

But the boss of Daxing Garment Factory must be a veteran in setting up traps, or he must have someone who can give him guidance in this field. Otherwise, there should be no way to make profits in this way. "

"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. This was still heard.

"If I hadn't happened to meet Mr. Zhou today, I would have done the same thing as other lawyers: negotiate first, take a loss to get back my 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 turn the passive situation into the active one."

"What method?"

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

If we handle this case as a contract dispute, unless we can find a strong force to put pressure on it, otherwise the other party will keep dragging on civil mediation and we will indeed be passive."

At this point, Qi Bin subconsciously glanced at Yang Dongxu, and then continued, "So my solution is that if the other party really owes a lot of money, then we can unite these parties that are owed money, and directly jump out of the original contract to sue the other party for illegal fundraising.

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

For example, Daxing Garment Factory is called a garment factory, but in fact it has only a few production lines. Most of them use relationships to get profits. They take orders with high profits, and then distribute these orders to other garment factories to make a profit.

They do nothing, but they make more money than those who do things, so it seems that the business is very big and good in all aspects.

Because Daxing Company itself is not valuable, and there is no clause in the law that personal connections can be materialized 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 amount of money owed by the two people is equal to the market value of Daxing Company.

Therefore, as long as we find a few more companies that are owed The other party owes the merchant money, as long as the other party owes the money much more than the value of his company.

Then the guarantee agreement signed with the company as collateral, because the value of Daxing Company itself is far higher than the so-called "raised" funds, this is a clear illegal fundraising.

If the lawsuit is won, not only can we apply for compulsory execution of the other party's personal property to repay the debt, but also send the other party to jail. "

He Xin and Hu Changzhi's eyes lit up, and they said at the same time, "That's it, sue him for illegal fundraising."

"That's it, since the other party is so bold, it will definitely not only hold back the payment of our two companies, there must be other victims. "