The story behind the two lawyers cao Debing and Shen Siyuan of Sichuan Yingling Heshi Law Firm receiving the banner

2022-06-01 0 By

Recently, Zizhong county people Zhao (pseudonym) made a special trip to Chengdu, will be a banner personally sent to sichuan Yingling Heshi law firm, presented to just help him win a contract dispute litigation lawyer – Cao Debing lawyer and Shen Siyuan lawyer.Through unremitting efforts, the two lawyers have protected the legal rights and interests of the parties with their professional abilities and recovered their economic losses.A banner represents not only the client’s gratitude and gratitude to the undertaker lawyer for helping him win the case, but also the client’s affirmation of Sichuan Yingling Heshi Law Firm and the lawyer’s professional ability.On July 12, 2018, the client Zhao mou and the defendant Zhang mou (alias) signed a shareholder cooperation agreement, agreed to set up a company shareholders, among them, Zhao mou invested 250,000 yuan accounted for the company’s registered capital (shares) 33%.Subsequently, Zhao transferred 250,000 yuan of funds to zhang’s account in the form of transfer and payment.In May 2019, Zhao found that Zhang did not abide by the agreed content of cooperation, and the two sides had differences.In August, by both sides negotiation for many times by zhang chu capital repurchase Zhao mou in the company hold 33% equity, but Zhang mou said unable to pay, only willing to issue iOU, then the two sides signed “debt agreement” (agreement final reimbursement deadline for 2021 December 30), Zhao mou according to the agreement to perform equity transfer procedures.Later, Zhao repeatedly urged Zhang to pay off debts and interest, but Zhang clearly said not repayment and threatened to encourage Zhao to go to court.At the same time, Zhang also repeatedly to its holding of the equity transfer.Helpless, Zhao yingling heshi law firm to seek legal help.After receiving Zhao mou for help, Sichuan Yingling Heshi law firm appointed cao Debing lawyer and Shen Siyuan lawyer as its litigation agent.Attorney attorney Cao Debing and Shen Siyuan lawyer accepted the commission, carefully comb the context of the case, actively collect evidence to help Zhao rights.In October 2021, Cao Debing lawyer and Shen Siyuan lawyer as zhao’s agent to the court to file a lawsuit request, request judgment zhang zhao to pay arrears of 250,000 yuan and interest.Trial, the defendant Zhang mou argued, in accordance with the “debt agreement” agreed, the repayment period has not expired, still in the contract period, and he never clearly said not to perform contractual obligations, only said the lack of ability to pay, so the court rejected the prosecution.After the trial of the court, cao Debing lawyers and Shen Siyuan lawyers submitted evidence and litigation request to be recognized, that Zhao and Zhang “arrears agreement” legal and effective, and the transfer of its holding equity;Zhang mou made it clear not to perform contractual obligations.The court believes that Zhao mou has fulfilled the industrial and commercial registration of equity change in accordance with the provisions of the “debt agreement”, and Zhang Mou clearly does not perform the behavior of an expected breach of contract.Zhao sued the defendant Zhang before the expiration of the time limit to assume liability for breach of contract, in line with legal provisions.The court finally made a judgment: the defendant zhang mou in this judgment effective ten days after the payment of plaintiff zhao loan principal 250000 yuan and interest.If the defendant fails to perform his obligations within the time limit specified in this judgment, he shall, in accordance with Article 253 of the Civil Procedure Law of the People’s Republic of China, pay double the interest on the debt for the delayed performance period.With case view 1. Reimbursement deadline did not arrive whether to Sue to ask reimbursement?Lawyer said: according to article 578 of the Civil Code, if a party expressly expresses or shows by its own behavior that it does not perform its contractual obligations, the other party may request it to assume the liability for breach of contract before the expiration of the performance period.2. What if there is no agreed repayment period?Lawyer’s explanation: Article 510 of the Civil Code stipulates that after the contract comes into force, if the parties have no agreement or unclear agreement on quality, price or remuneration, place of performance, etc., they may supplement it through agreement.If no supplementary agreement can be reached, it shall be determined in accordance with relevant provisions of the contract or transaction practices.Meanwhile, Article 675 of the Civil Code also stipulates that the borrower shall repay the loan within the agreed time limit.Where the term of the loan was not prescribed or clearly prescribed, and cannot be determined in accordance with article 510 of this Law, the borrower may repay the loan at any time;The lender may demand repayment from the borrower within a reasonable time.3. If the other party fails to repay the loan after it is due, can it claim overdue interest?Lawyer said: “civil Code” article 676 provisions, the borrower fails to return the loan in accordance with the agreed time, should pay overdue interest in accordance with the agreement or the relevant provisions of the state.4. How long is the statute of limitations for arrears?Lawyer’s explanation: Article 188 of the Civil Code stipulates that the limitation period for applying to the people’s court for protection of civil rights is three years.If any law provides otherwise, such provisions shall prevail.The limitation period shall be counted from the date on which the obligee knows or should know that the right is damaged and the obligor.If any law provides otherwise, such provisions shall prevail.However, the people’s court shall not protect a person whose rights have been impaired for more than 20 years. In special circumstances, the people’s court may, upon the application of the right holder, decide to extend the period.