Authorized Agent: Huang Jianping, lawyer of Hubei Zhao Xin Law Firm.
Defendant Yidu Lvye Investment Development Co., Ltd. ..
Legal Representative: Huang Yuanzhi, board chairman of this company.
Defendant: Wuhan Jiangcheng leye county Investment Co., Ltd.
Legal Representative: Luo Xinquan, chairman of the board of directors of this company.
Authorized Agent: Xiong, lawyer of Hubei Noah Law Firm.
Plaintiff Zhang Yong v defendant Yidu Lvye Investment Development Co., Ltd. (hereinafter referred to as Lvye Company) and defendant Wuhan Jiangcheng leye county Investment Co., Ltd. (hereinafter referred to as Jiangcheng Company). Our court accepted the case on February, 2065438 12, and according to the law, Judge Mei Yun applied summary procedure. On April, 20 15, Later, due to the complexity of the case, the court transferred the case to the ordinary procedure according to law, with the judge as the presiding judge and Judge Yan and the people's jurors as the collegiate bench, and the trial was held in public on April 29, 2005 from 2065438 to 2005. Summoned by our court, plaintiff, entrusted agent, agent Xiong of Jiangcheng Company and legal representative of Lvye Company attended the first court hearing. During the litigation, according to the plaintiff's application, our court took preservation measures against the defendant Jiangcheng Company's accounts receivable of 6,543,800 yuan+0.8 million yuan. The case has now been closed.
Plaintiff Zhang Yong claimed that as of June 8, 2009, 165438+ confirmed that the defendant owed creditors Lin Long 950,000 yuan, Tian Chong 300,000 yuan, Liu Yixiong 300,000 yuan and Yin Zhi 300,000 yuan; In the same year, the defendant paid 50,000 yuan to Lin Long, Liu Yixiong and Tian Chong respectively. On March 9, 20 10, the above four people transferred the remaining creditor's rights to the plaintiff and informed Lvye Company. The plaintiff failed to collect debts for many times, and now she is suing according to law, requesting an order: 1, and the defendant immediately repays the plaintiff's arrears of 1.7 million yuan and interest losses; 2. The litigation costs of this case shall be borne by the defendant.
The plaintiff submitted the following evidence to our court to support his claim:
1. One administrative judgment No.0003 (Zi Chu 1, (20 13) of China Bank in Yichang City, Hubei Province, and one administrative judgment No.00028 of Bank of China in Hubei Province, which prove that Jiangcheng Company claimed compensation for the plaintiff's debts from Yidu Municipal People's Government in the form of creditor's rights and that Jiangcheng Company recognized the plaintiff's creditor's rights;
A debt verification memorandum of Zheshang Industrial City, which proves the authenticity of the creditor's rights claimed by the plaintiff and the reasons for its occurrence, and the defendant also signed the memorandum for confirmation;
3. 1. A resolution of all shareholders of Yidu Hao Tong Investment Development Co., Ltd. (hereinafter referred to as "Hao Tong Company"), which proves that the debts between the plaintiff and Liu Yixiong, Lin Long, Tian Chong, Yin Zhi and others are true, totaling 8.85 million yuan;
4. A copy of the Settlement and Distribution Plan for Debt Disputes of Zheshang Industrial City of Luye Company, signed by Wu, the representatives of the two defendants, and confirmed by Yidu Municipal People's Government, can mutually confirm with Evidence 3, further confirming that the creditor's rights claimed by the plaintiff are true;
5.2. The power of attorney 1 copy and endorsement receipt issued by Luye Company on February 9, 20 10, which prove that ① Luye Company agreed to transfer the above creditor's rights; ② Luye Company authorized the plaintiff to ask Yidu Guo Tong Investment Development Co., Ltd. (hereinafter referred to as "Guo Tong Company") for 6.5438+0.7 million yuan;
6, creditor's rights transfer agreement and related evidence four groups:
(1) The receipt issued by Yidu Juli Industry and Trade Co., Ltd. (hereinafter referred to as Juli Company) on April 9, 2007, the creditor's rights transfer agreement issued by the plaintiff and Liu Yixiong on March 9, 20 10, the information of Liu Yixiong 15 and a copy of Liu Yixiong's ID card. The company sold a 20-ton vibratory roller to Hao Tong Company, and the buyer should pay 340,000 yuan for the goods, and actually paid 90,000 yuan, with a balance of 250,000 yuan. Afterwards, Julius Company transferred the creditor's rights to Liu Yixiong, and Liu Yixiong transferred 250,000 yuan to Zhang Yong on 20 10, and informed the debtor, Lvye Company.
(2) The creditor's rights transfer agreement signed by the plaintiff and Lin Long on March 9, 20 10, the information statement issued by Lin Long on April 6, 20 15 and a copy of Lin Long's identity card, which prove the fact that the plaintiff transferred the creditor's rights of Hao Tong Company to 900,000 yuan;
(3) The Creditor's Rights Transfer Agreement signed by the plaintiff and Tian Chong on March 9, 20 10 and a copy of Tian Chong's ID card, which prove that Hao Tong Company borrowed 250,000 yuan from Kelisheng Company, and Tian Chong provided the guarantee. Later, Hao Tong Company failed to repay the debt, and Tian Chong paid for it. Tian Chong transferred its creditor's rights to Hao Tong Company to Zhang Yong. At the same time, it proves that the nature of the debt is a loan, not a lawyer's fee;
(4) The creditor's rights transfer agreement signed by the plaintiff and Yin Zhi on March 9, 20 10, the information provided by Yin Zhi on April 6, 20 15, and the copy of Yin Zhi ID card, which prove that Hao Tong Company (predecessor of Green Leaf Company) borrowed 300,000 yuan from Yin Zhi in 2008, and Yin Zhi borrowed money on April 20 10.
7. The certificate issued by Guo Tong Company on March 6, 20 15, confirming that the plaintiff has been claiming the creditor's rights from Guo Tong Company under the authorization of Lvye Company, and the plaintiff's creditor's rights have not exceeded the limitation of action;
The above seven pieces of evidence form a complete chain of evidence, which proves the legitimacy and validity of the plaintiff's creditor's rights and the legitimacy of the plaintiff's creditor's status.
8.2. Share transfer agreement dated August 3, 2008, which proves that ① Jiangcheng Company is the actual developer of Zheshang Industrial City; (2) Jiangcheng Company promises to be jointly and severally liable for the debt repayment of Lvye Company;
9. 1. A civil judgment of Yidu People's Court (2009) Du Min Zi Chu No.345, which proves that Jiangcheng Company was jointly and severally liable for the debts of Luye Company due to insufficient capital contribution.
Defendant Luye Company argued: 1. None of the claims claimed by the plaintiff really exist, and our company has no business dealings with the plaintiff; 2. Yin Zhiyuan, one of the creditors in the creditor's rights transfer agreement, is a shareholder of Hao Tong Company. He has transferred all his shares in Hao Tong company, but he still owes the company more than 3 million yuan. 3. Liu Yixiong, Lin Long and Tian Chong are not shareholders of our company, and the legal representative of our company does not know these three people, and our company has never had any economic disputes with these three people. Request the people's court to reject the plaintiff's claim.