Shanghai in October of autumn, a cafe a few men were not happy, leaving behind Jin Tao worried. He held a thick material in his hand and muttered, "When is the end?"
As the legal representative of Shanghai Xinyang Junmeng Investment Management Co., Ltd (hereinafter referred to as Shanghai Xinyang Company), Jin Tao has convened shareholders' meetings for countless times in the past three years, and every time the topic is about the debt of Guizhou Reed Investment Guarantee Company (hereinafter referred to as Guizhou Reed Company), and every time the result is not optimistic.
Meanwhile, thousands of miles away in Guiyang City, Guizhou Province, Wudang District Rural Credit Cooperative Union (hereinafter referred to as Wudang Credit Union) risk director Li Hazel also anxious. On the record of Wudang Credit Union's non-performing assets, Guizhou Reed's debt repayable was also red in color.
To November 15, 2014, Guizhou Reed Industry Company in Wudang Credit Union more than 30 million yuan of funds have been frozen for more than three years, and Shanghai Xinyang company because of debt funding problems, all business has come to a standstill. In the face of reporters, Jin Tao and anxious and angry, said: "the whole company not to mention the operation of the company has existed in name only, in order to get back to the implementation of the money, shareholders had to advance!"
In order to more than 30 million yuan of the implementation of the payment, Shanghai Xinyang company frequently to Guiyang, and Wudang Credit Union is also in hot pursuit. The two sides you back and forth in Guiyang City, Nanming District Court and Guiyang City, Wudang District Court between the negotiation, in Guiyang City, the Intermediate People's Court face-to-face war of words, unfortunately, so far, no result.
The origin of ordinary civil disputes
August 30, 2010, the Shanghai Pudong New Area People's Court on the Zhao Hongbo, Shanghai Xinyang, Guizhou Reed Company due to investment disputes, loan disputes, etc. to make a civil mediation, by the Zhao Hongbo to pay Shanghai Xinyang a variety of sums of 48.79 million yuan, and Guizhou Reed Company assumed joint and several liability. These sums must be paid in full by August 31, 2011, the company.
But by August 31, 2011, Shanghai Xinyang only recovered 5 million yuan of claims, and had no choice but to apply to the Pudong Court for compulsory execution. Because Zhao Hongbo and Guizhou Reed Company's domicile and main property are in Nanming District, Guiyang City, according to the relevant provisions of the law, the Shanghai Pudong New Area Court in 2011, the implementation of the case entrusted to the Nanming Court, the Nanming Court on October 31, 2011 issued a ruling, according to the law of mandatory execution.
Guizhou Reed Company, as an investment guarantee company, the main business is to guarantee various financial financing behaviors, the company set up an account in Wudang Credit Union. The Nanming Court froze the deposit of 43 million yuan based on Shanghai Xinyang's application, but due to insufficient funds in the account, on November 26, 2011, the Nanming Court actually froze the deposits of 36.55 million yuan in two accounts*** opened by Guizhou Reed in Wudang Credit Union with the 2011 Nanmin Enforcement Decision No.1518-1
After the freezing of the funds, the shareholders of Shanghai Xinyang Company, who thought that the debt would be recovered soon, began a period of "ups and downs".
Frozen account in and out at will
Shanghai Xinyang's lawyer Li Jun (a pseudonym) told reporters that according to the Civil Procedure Law and the implementation of the relevant provisions of the rules, the court has frozen the bank funds are not allowed to flow. "Due to the insufficient balance, the frozen bank account is only allowed to go in and not out until the amount applied for is reached."
In fact, after the account funds were frozen, Wudang Credit Union filed an execution objection. Because Guizhou Reed Company as a guarantee company, for the loan in the Wu Dang Credit Union borrowers to provide financial security, and the account is a "margin proprietary account", Wu Dang Credit Union on the account of the funds have priority, requesting the Nanming Court of the Reed Company guaranteed account to lift the freezing, not to be deducted.
The Nanming Court issued a ruling on August 3, 2012, based on Udang Credit Union's objection, leaving only about 5.14 million yuan to continue to be frozen, and lifting the freeze on the rest of the money.
Five days later, on Aug. 8, Wudang Credit Union then transferred more than $33 million directly from the account.
After Shanghai Xinyang filed a motion for reconsideration, the Guiyang Intermediate People's Court held that there were no laws or regulations prohibiting the freezing or withholding of such accounts, and on Dec. 5, 2012, it revoked the Nanming Court's ruling, continued to freeze the entire amount in the two accounts, and rejected Wudang Credit Union's objections to the execution.
It wasn't until May 16, 2013, after repeated applications and reflections from Shanghai Xinyang, that the funds on Guizhou Reed's two accounts at Wudang Credit Union were restored to the initial frozen amount of about 36 million yuan.
The reporter saw on Guizhou Reed's account statement at the Wudang Credit Union that there were as many as 50 funds coming in and out of one of Guizhou Reed's accounts over a 10-month period, with many of the funds coming in today and going out tomorrow.
"Frozen accounts can even be many times in and out of funds, walk the city gates?!" Jintao indignation, Shanghai Xinyang shareholders are also very disturbed, repeatedly asked Jintao: "How the money are transferred away?"
According to Jin Tao, the Nanming Court has repeatedly issued notices to the Wudang Credit Union, requiring the Wudang Credit Union to provide written information on the loans and repayments of all loan households, or else it will be legally garnish the funds that have been frozen. Wudang Credit Union not only refused to provide, but also bad attitude.
Li Jun, a lawyer, believes that according to the corresponding provisions of the law, such behavior of the Wudang Credit Union should be punished. Not only violated the provisions of the Civil Procedure Law, its behavior has been suspected of violating the crime of refusing to carry out the effective verdicts and decisions and "the Supreme Court, the Supreme Prosecutor, the Ministry of Public Security on the law to seriously investigate and deal with the refusal to carry out the verdicts and decisions and violent resistance to the court implementation of the relevant issues of the crime of the notice", should be investigated for the Wudang Credit Union personnel criminal responsibility.