Top magic art: Reach related company related company to be able to assume liability to pay compensat

Top people court

The company transfers asset to the company that is put in related concern with its to dodge the creditor, the limits introversion creditor that related company should deal in its correlation assumes liability to pay compensation

Juridical argument

" company method " the 21st regulation " of the company accuse to control thing of person, trustee, inspect, senior administrator a partner, actually to must not use its related concern damages company profit. The money before disobeying sets, cause losing to the company, ought to assume liability to pay compensation. " consult this regulation, If the company is,dodge the creditor, transfer asset to the company that is put in related concern with its, criterion this correlation company should be in the limits introversion creditor that its correlation trades assumes liability to pay compensation.

Brief introduction of details of a case

One, Luo Lande company (control factitious Yu Jingxuan, Fan Yingchao actually) with Hong Kong international (control factitious Fan Yingchao actually) create company of violet cloud mountain villa.

2, lug group assured to build the 150 million loan of estate company to offer 2004, the company offers Luo Lande to assure instead. Lug group was fulfilled as agreed upon assure responsibility, but till 2007, luo Lande company still has 93, 138, 320 yuan assure instead responsibility was not fulfilled.

3, in January 2005, luo Lande company and Hong Kong international hold his the total equity of companies of some violet cloud mountain villa to make over Yu Jingxuan, make its become the sole partner of company of violet cloud mountain villa.

4, came in March 2005 in November 2006, luo Lande company makes over the access of 7 land company of violet cloud mountain villa, company of Dan Ziyun mountain villa cannot offer relevant bank to pay the proof proves its already paid.

5, the behavior that lug group thinks afore-mentioned Luo Lande companies make over land access company of violet cloud mountain villa, form related company between undeserved trade, fasten Luo Lande company to transfer company assets to dodge the creditor. Lug group is sued then to the court, the request sentences company of He Ziyun mountain villa of company of Ling Luolan heart to repay jointly 93, 138, 320 yuan. Tall courtyard of first instance of this quadrangle of Luoyang of classics of case all previous, Henan rehear of 2 careful, supreme court, sentence company of Ling Luolan heart finally to repay lug group company ninety-three million one hundred and thirty-eight thousand three hundred and twenty yuan, company of violet cloud mountain villa already paid in its fiction but liability to pay compensation is assumed inside the money limits that did not pay actually.

Lose a lawsuit reason

The partner that this case is a company is used with related company undeserved trade, transfer company assets, the controversy that dodges the creditor to be caused then. The focus of controversy depends on case experience trading to whether form undeserved correlation to trade, and whether should company of violet cloud mountain villa assume corresponding liability to pay compensation.

Above all, about the cognizance that correlation trades. Hold water from company of violet cloud mountain villa case, before reaching what equity of company of Jiang Ziyun mountain villa of Luo Lande company and company of Hong Kong international made over Yu Jingxuan in January 2005, the effective control of Luo Lande company is factitious Fan Yingchao, Yu Jingxuan, company of violet cloud mountain villa passes Luo Lande company and company of Hong Kong international to be controlled secondhand for Fan Yingchao, Yu Jingxuan. Basis " company law of People's Republic of China " the 216th the 4th about " related concern, it is to show the company accuses to control person, trustee, inspect a partner, actually thing, senior administrator and its are direct the relation between enterprise of indirect perhaps pilot, and the other concern that causes company profit move possibly " regulation. During access of land of on record experience is made over inside, company of violet cloud mountain villa and Luo Lande have related concern between the company, land access makes over case experience to trade for correlation.

Next, trade to whether be put in undeserved problem about case experience correlation. The relevant bill that company of violet cloud mountain villa offers, fill in non-standard, lack a project, pay without other bank proof, should regard quote as cannot, company of violet cloud mountain villa is indemonstrable its paid actually to transfer land access cost to Luo Lande company. Afore-mentioned facts make clear, Access of case experience land trades form undeserved correlation to trade, harmed the interest of Luo Lande company, and in Luo Lande the company cannot be fulfilled expire below the circumstance of debt, also damaged the legitimate rights and interests of company of group of lug of this company creditor.

Finally, should deny about company of violet cloud mountain villa assume problem of liability to pay compensation. Basis " law of liability of tort of People's Republic of China " the 8th about " 2 people above carries out tort behavior jointly, cause other to damage, ought to assume joint liability " regulation, and this law thirteenth about " legal provision assumes joint liability, be had to counterpoise by the infringer person of total perhaps joint liability assumes request share responsibility " regulation, company of violet cloud mountain villa ought to narrate its fiction to already paid afore but joint liability is assumed inside the money limits that did not pay actually.

Origin: Beijing brings writer of manage attorney office: Month of Han of Tangqing forest Li Shu