civil judgment
(2020) Guangdong 0309 Early Republic of China 55 16
Plaintiff: Shenzhen Hongxing Electronics Co., Ltd., domicile: Dalang Street, Longhua New District, Shenzhen. Legal Representative: Zhang, general manager of this company.
Authorized Agent: Ren Longzhen, lawyer.
Defendant: Dongguan Yun Sheng Electronics Co., Ltd., domicile: Longbeiling Community, Tangxia Town, Dongguan City. Legal Representative: Peng.
Defendant Peng, female, Han nationality, was born on June 25th, 198*, and her ID card address is Chaling County, Hunan Province.
The above-mentioned cases of the defendants Dongguan Electronics Co., Ltd. (hereinafter referred to as the company) and Peng in the original trial were accepted by our court and tried in public by summary procedure according to law. The plaintiff entrusted agent ad litem Ren Longzhen to attend the proceedings in court. The defendant company and Peng failed to appear in court to participate in the lawsuit after being legally summoned, and the court conducted a trial in absentia according to law. The case has now been closed.
Please tell me: 1. The defendant allowed Sheng Company to pay the plaintiff 47,287.3 yuan immediately; 2. Defendant Yun Sheng Company immediately paid the plaintiff the overdue payment interest of 63 1.58 yuan (with 47,287.3 yuan as the principal, 1.5 times the annual interest rate of the bank loan for the same period of 4.35%, from the date of 20 19, 10 to the date of payment, temporarily counted until 2066. 3. The defendant Peng is jointly and severally liable for the first and second claims mentioned above; The litigation costs in this case are borne by the two defendants. During the trial, the plaintiff made it clear that the fourth claim included a pre-litigation property preservation fee of 493 yuan.
The plaintiff claimed that there was a sales contract between the plaintiff and the defendant Yun Sheng Company, and the two parties did not sign a written sales contract. The defendant Yun Sheng Company placed an order with the plaintiff through QQ, and the plaintiff delivered the goods according to the defendant's requirements. Both parties shall conduct monthly reconciliation, and the agreed payment method shall be monthly settlement. On August 2, 20 19, the defendant Yun Sheng Company issued the debt list of Dongguan Yun Sheng Electronics Co., Ltd., confirming that it owed the plaintiff 201810031.28 yuan, 20 1965438+33700 yuan. The above total amount is 52,287.3 yuan, and it is written at the bottom of the list that "it is agreed to pay 5,000 yuan at the end of each month, starting from August, and the balance is 65,438+paid in one lump sum at the end of February". The plaintiff claimed that the defendant only paid the payment of RMB 5,000,438+2009 on August 30, 1965, and the balance of RMB 47,287.3 had not been paid. The plaintiff also submitted statements and screenshots of electronic bank transfer to prove his claim.
In addition, the company is a wholly-owned natural person limited liability company, and Peng is its legal representative and shareholder.
Reason and result of judgment: the parties have the responsibility to provide evidence for their claims. In this case, the plaintiff submitted a statement, a screenshot of electronic bank transfer and a debt list of Dongguan Yun Sheng Electronics Co., Ltd., which was accepted by our court. The defendant Yun Sheng Company shall pay the plaintiff 47,287.3 yuan (52,287.3 yuan-5,000 yuan). As for interest, there is no agreement between the two parties, and it shall be calculated in accordance with relevant laws and regulations. The defendant company is a wholly-owned natural person limited liability company, and its shareholder is Peng. According to the relevant provisions of the Company Law of People's Republic of China (PRC), if the shareholders of a one-person limited liability company cannot prove that the company's property is independent of their own property, they shall be jointly and severally liable for the company's debts, so Peng shall be jointly and severally liable for the above-mentioned debts of the company. If the defendant fails to appear in court after being summoned by the court, it is a waiver of the right to defense, and the legal consequences arising therefrom shall be borne by the defendant himself.
To sum up, according to Article 109 of People's Republic of China (PRC) Contract Law, Article 63 of People's Republic of China (PRC) Company Law, Article 64 and Article 114 of People's Republic of China (PRC) Civil Procedure Law, the judgment is as follows:
1. The defendant Dongguan Yun Sheng Electronics Co., Ltd. shall pay the plaintiff Shenzhen Hongxing Electronics Co., Ltd. the payment of 47,287.3 yuan and interest (based on 47,287.3 yuan, according to the loan market quotation rate published by the National Interbank Funding Center, from 2065,438+09,65,438+00,65,438+.
2. Defendant Peng shall be jointly and severally liable for the above payment obligations of Defendant Dongguan Electronics Co., Ltd. ..
If the defendant fails to perform the obligation to pay money within the period specified in the judgment, he shall pay double interest on the debt during the delayed performance in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).
The acceptance fee of this case is RMB 499, which shall be borne by the two defendants. The plaintiff has paid the acceptance fee in advance. The preservation fee of this case is 493 yuan, which shall be borne by the two defendants. The plaintiff has paid the security fee in advance.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties to appeal to the Intermediate People's Court of Shenzhen City, Guangdong Province.
Lawyer's comment: This case involves the debt commitment of a limited liability company under the sole proprietorship of natural persons in practice. In the practice of company management, we should avoid or get rid of the traditional "simple" concept of "the company is mine" as soon as possible, and strengthen the legal concept of distinguishing the property independence between the company and individual shareholders (including the actual controller who does not hold shares), especially the natural person sole proprietorship, that is, the limited liability company with shareholders holding 100%. In a case involving a limited liability company wholly owned by a natural person, according to the clear provisions of the existing company law, if a shareholder cannot prove that his personal property is independent of the company's property, he shall be jointly and severally liable for paying off the company's debts.
Therefore, in the above-mentioned law,
In some cases, in judicial practice, many such companies and shareholders are unable to provide evidence, and even creditors (plaintiffs) have direct evidence to prove that shareholders use accounts to receive and pay goods in their own names, and the people's courts will directly determine that shareholders are responsible for the company's debts.