In the autumn of October in Shanghai, several men in the cafe broke up in discord, which made Tao Jin sad. Holding thick materials in his hand, he muttered, "When is the end?"
As the legal representative of Shanghai Xinyang Mengjun Investment Management Co., Ltd. (hereinafter referred to as Shanghai Xinyang Company), Tao Jin has held several shareholders' meetings in the past three years. Every time the topic is about the debt problem of Guizhou Liye Investment Guarantee Co., Ltd. (hereinafter referred to as Guizhou Liye Company), the result is not optimistic every time.
At the same time, Li Zhen, the risk director of Wudang Rural Credit Cooperative (hereinafter referred to as Wudang Credit Cooperative), who is thousands of miles away, is also anxious. On the record of non-performing assets of Wudang Credit Cooperative, the debt payable of Guizhou Liye Company is also red.
By 20 14,115, more than 30 million yuan of funds of Guizhou Liye Company in Wudang Credit Cooperative have been frozen for more than three years, while Shanghai Xinyang Company has stopped all business due to debt funds. Facing the reporter, Tao Jin said eagerly and angrily, "The whole company is running, and now it exists in name only. In order to get back the execution money, shareholders must pay in advance! "
For the execution of more than 30 million yuan, Shanghai Xinyang Company frequently went to Guiyang, followed by Wudang Credit Cooperative. The two sides negotiated between Nanming District Court of Guiyang City and Wudang District Court of Guiyang City, and met face to face in Guiyang Intermediate People's Court. Unfortunately, there is no result so far.
Originated from ordinary civil disputes
On August 30th, 20 10, the People's Court of Pudong New Area of Shanghai made a civil conciliation statement on the investment disputes and loan disputes of Zhao Hongbo, Shanghai Xinyang Company and Guizhou Liye Company, and Zhao Hongbo paid Shanghai Xinyang Company 48.79 million yuan, and Guizhou Liye Company assumed joint liability. These payments must be paid in full before August 3 1 and August 20 1.
However, by August 3, 20 1 year, Shanghai Xinyang Company had only recovered its creditor's rights of 5 million yuan, so it had no choice but to apply to the Pudong court for enforcement. Since Zhao Hong, a Guizhou Liye company, has his domicile and main property in Nanming District, Guiyang City, according to the relevant provisions of the law, the Shanghai Pudong New Area Court entrusted the execution of the case to Nanming Court on 20 1 1, and Nanming Court also made a ruling on June 65438+1October 3/that year, and executed it according to law.
As an investment guarantee company, Guizhou Liye Company's main business is to provide guarantees for various financial financing activities. The company has opened an account in Wudang Credit Cooperative. According to the application of Shanghai Xinyang Company, Nanming Court froze the deposit of 43 million yuan, but due to insufficient funds in the account, on 20 1 1 65438+1October 26th, Nanming Court decided to freeze the deposit of 201Min Nan Zhi ZiNo./kloc-0.
After the funds were frozen, the shareholders of Shanghai Xinyang Company, who thought they could recover their debts soon, began to experience "ups and downs".
Freeze accounts and enter and leave at will.
Li Jun (pseudonym), an attorney of Shanghai Xinyang Company, told the reporter that according to the relevant provisions of the Civil Procedure Law and the detailed rules for implementation, bank funds frozen by the court are not allowed to flow. "Due to insufficient balance, frozen bank accounts are only allowed to enter before reaching the application amount, and are not allowed to exit."
In fact, after the funds in the account were frozen, Wudang Credit Cooperative raised an execution objection. Guizhou Liye Company, as a guarantee company, provided financial guarantee for borrowers who borrowed from Wudang Credit Cooperative, and requested Nanming Court to unfreeze and not deduct the guarantee account of Liye Company on the grounds that this account was a "special deposit account" and Wudang Credit Cooperative had priority over the funds in this account.
According to the objection of Wudang Credit Cooperative, Nanming Court made a ruling on August 3, 20 12, leaving only about 5140,000 yuan to continue to freeze and unfreeze the rest.
Five days later, on August 8, Wudang Credit Cooperative directly transferred more than 33 million yuan from the account.
After Shanghai Xinyang Company filed a reconsideration, Guiyang Intermediate People's Court held that there were no laws and regulations prohibiting the freezing and deduction of such accounts, so it revoked the ruling of Nanming Court on February 5, 20/kloc-0, continued to freeze all the funds in the two accounts, and rejected the execution objection of Wudang Credit Cooperative.
It was not until May 20 13, 16 that the funds in two accounts of Guizhou Liye in Wudang Credit Cooperative were restored to the original frozen 36 million yuan.
The reporter saw on the statement of Wudang Credit Cooperative Guizhou Liye Company that in the month of 10, there were as many as 50 funds in and out of an account of Guizhou Liye Company, many of which entered today and left tomorrow.
"Frozen accounts can repeatedly in and out of funds, walk the door? ! "Tao Jin is very angry, and the shareholders of Shanghai Xinyang Company are also very upset. He repeatedly asked Tao Jin, "Where did all the money go?"
According to Tao Jin, Nanming Court has issued notices to Wudang Credit Cooperatives for many times, requiring Wudang Credit Cooperatives to provide written information on all borrowers' loans and repayments, otherwise frozen funds will be deducted according to law. Wudang Credit Cooperative not only refused to provide it, but also had a bad attitude.
Lawyer Li Jun believes that this behavior of Wudang Credit Cooperative should be punished according to the corresponding provisions of the law. Not only has it violated the provisions of the Civil Procedure Law, but its behavior has also been suspected of violating the crime of refusing to execute effective judgments and rulings and the Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Seriously Investigating and Punishing Issues Related to Refusing to Execute Judgments and Rulings and Violently Resisting the Court to Execute Crimes, and the relevant personnel of Wudang Credit Cooperative should be investigated for criminal responsibility.