The Loan Of Huafang Textile Was Not Recovered, And The Former Partner Was Brought To Court

The original judgment was that Zhangjiagang Huatian New Material Technology Co., Ltd. returned Huafang spin The principal of the loan was RMB 12.01 million and the interest was RMB 300000. The appeal of Xiao Zhaoya, one of the defendants, has been pending.

Yesterday, the lawsuit was heard in the Jiangsu Provincial High Court. The reporter learned that Xiao Zhaoya, the actual controller of Zhangjiagang Huatian New Material Technology Co., Ltd., and Huafang Textile's attorney insisted on each other at the scene of the trial. Huatian stressed that the loan agreement was fake, while Huafang insisted on collecting the money.

However, the Jiangsu Provincial High Court did not sentence in court.

Partners tell each other

According to the announcement issued by Huafang Textile on December 12, 2011, Huafang Textile and Xiao Zhaoya jointly invested in the establishment of Zhangjiagang Huatian Company in June 2010, with a registered capital of 50 million yuan. Huafang Textile accounted for 70% of the equity, and Xiao Zhaoya accounted for 30% of the equity. Since July 2010, Huatian Company has borrowed money from Huafang Textile for production and operation. On October 12, 2010 and March 12, 2011, Huafang Textile signed two Loan Agreements with Huatian Company. As of July 31, 2011, Huatian Company actually borrowed about 17.25 million yuan from Huafang. On August 16, 2011, Huafang Textile signed an Equity Transfer Agreement with Xiao Zhaoya, agreeing to transfer the equity of Huafang Textile in Huatian Company to Xiao Zhaoya.

Since then, Huatian Company is no longer the holding subsidiary of Huafang Textile, and the actual controller has become Xiao Zhaoya.

Unexpectedly, after the equity transfer, the former partner became the "enemy", and the relationship was strained because of the above borrowing.

Huatian believes that Huafang's loan agreement is fraudulent, and Huafang pursues Huatian to repay the money and takes Huatian to the court.

In July 2012, Huatian lost the first trial, and the court ruled that it should return the principal of loan of RMB 12.0143 million and fruits of RMB 303400 to the plaintiff Huafang Textile.

Hua Tian refused to accept the first instance verdict and appealed to Suzhou Intermediate Court in September 2012. However, the Suzhou Intermediate People's Court rejected the appeal in the final judgment in April 2013 and upheld the original judgment.

Huatian refused to accept the second instance verdict and appealed to the Jiangsu Higher People's Court.

"New Evidence" Appears

A lawyer pointed out that since the Jiangsu Provincial High Court accepted this final case, Huatian submitted strong evidence or new evidence. Previously, the market believed that Huatian could show relevant evidence, including Huafang Textile bribing the judges of the first and second instance and forging the loan agreement.

At the scene yesterday, Huatian did show evidence of bribery - reimbursement form. It is understood that this reimbursement occurred in June 2011. Since Huafang Textile still controlled Huatian at that time, it is possible that the reimbursement could be left and found because of Huafang's reimbursement in Huatian. Xiao Zhaoya said at the scene of the court hearing that these reimbursement documents were actually gift sheets from Huafang Textile.

However, a lawyer in Jiangsu pointed out that it was difficult for the reimbursement form to be recognized by the court as evidence of bribery.

In addition, in yesterday's court hearing, Huatian did not provide updated evidence on whether Huafang's loan agreement was forged.

The reporter noticed that Huafang's previous loan agreement came into being mainly in November 2010 and March 2011, and the actual controlling shareholder of Huatian was still Huafang Textile. Since then, Xiao Zhaoya and Huafang Textile signed an equity transfer agreement in August 2011, and Xiao Zhaoya became the actual controller of Zhangjiagang Huatian.

That is to say, two months after Xiao Zhaoya held Zhangjiagang Huatian, Huafang Textile began to collect the money and took Huatian to the court.

Whether Xiao Zhaoya verified these loans when he accepted the equity is still unknown.

At the court session yesterday, Xiao Zhaoya, who was over 60 years old, repeatedly "shouted injustice" in a thick dialect, saying that he was "deceived by Huafang Textile" and "wronged".

In marriage relationship exposure

In addition to the appearance of new evidence, another layer of relationship between Xiao Zhaoya and Huafang Textile was exposed in the court trial yesterday - "affinity" relationship.

It is understood that Xiao Zhaoya's son married the niece of a boss of Huafang Textile, that is to say, Xiao Zhaoya had a very good relationship with Huafang Textile.

Yesterday, the reporter contacted a staff member who once worked with Zhangjiagang Huatian. The staff member participated in the preparation of Zhangjiagang Huatian and has left Zhangjiagang Huatian. The source told the reporter that the equity transfer of Zhangjiagang Huatian between Xiao Zhaoya and Huafang Textile was completed under the cooperation of "In laws".

Did Xiao Zhaoya's "eyes" get blinded by his kinship? Or did Huafang not clearly inform Xiao Zhaoya when transferring the equity?

Yesterday, the reporter called Zhao Jiangbo, the secretary of Huafang's board, and he said, "I don't know.".

However, judging from the scene of yesterday's trial, the situation is very unfavorable for Xiao Zhaoya.

Xu Feng, a lawyer from Shanghai Huarong Law Firm, said that if the trial result of the Jiangsu Provincial High Court was consistent with the second trial, Xiao Zhaoya would only have to "apply to the procuratorate for protest". However, Xu Feng said that in the absence of strong evidence in such cases, the possibility of successfully applying for protest is also very small.

It is worth noting that at present, Huafang Textile is in the process of restructuring, and whether the loan of 12.32 million yuan can be repaid is also important. Huafang Textile reported a net profit loss of 14.8751 million yuan in the first half of this year.