Secret Fang Huafang Bribery And Fraud Inside The Two Sides Will Confrontation In Court
< p > the Huafang < a target= "_blank" href= "http://www.91se91.com/" > textile < /a > is currently in the lawsuit, and the market has been concerned about whether the Huafang textile reorganization can continue and thus become unknown.
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< p > according to people familiar with the matter, told the Securities Daily reporters that the Zhangjiagang Hua Tian Xin Mstar Technology Ltd (hereinafter referred to as Zhangjiagang Alex Hua Tian), Xiao Zhaoya and Huafang textile dispute dispute case will be held in the afternoon of October 23rd.
From the Jiangsu Provincial Higher People's Court (hereinafter referred to as the Jiangsu Provincial High Court) to accept Alex Hua Tian and Xiao Zhao's prosecution of Huafang textile in Zhangjiagang, Huafang textile is at an unfavorable side.
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< p > it is understood that Zhangjiagang Alex Hua Tian has submitted to the Jiangsu provincial high court that Hua Fang textile bribes to the judge and the relevant evidence of forging the loan agreement.
In view of this, some lawyers believe that since the high court of Jiangsu province accepted the case of final appeal, it has shown that Alex Hua Tian, Zhangjiagang, has submitted strong evidence or new evidence.
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< p > for this, the reporter called Zhao Jiangbo yesterday many times, but received the notice that "the number is already empty."
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< p > < strong > borrowing agreement suspected forgery < /strong > < /p >.
< p > October 16th, Huafang textile issued a suggestive announcement on the progress of litigation. The company recently received the notification from Jiangsu High Court (2013) the 466th word "Shen Shang".
Its content is Zhangjiagang Alex Hua Tian, Xiao Zhaoya and the company loan dispute case, (opposite party) does not accept Jiangsu province Suzhou intermediate people (hereinafter referred to as the Suzhou intermediate people's court) court civil judgment (2012) Suzhong commercial number 0565 civil judgment, applies for the retrial to Jiangsu province high court and has accepted.
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< p > a lawyer thinks that since the high court of Jiangsu province accepted this final case, it shows that Alex Hua Tian of Zhangjiagang submitted strong evidence or new evidence.
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< p > according to people familiar with the matter, Zhangjiagang Alex Hua Tian handed in relevant evidence to Jiangsu provincial high court as early as June this year. Since then, it received a written acceptance letter in October 15th this year.
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< p > reviewing history, the loan dispute started in October 2011. Zhangjiagang Alex Hua Tian informed Hua Fang textile that it refused to return the remaining principal and interest of 12 million 798 thousand yuan, and demanded a refund of 4 million yuan deposit and the lifting of the agreement on signing the equity pledge between Xiao Zhaoya and Huafang textile.
Later, Hua Fang textile filed Alex Hua Tian and Xiao Zhaoya of Zhangjiagang on the court.
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< p > for the prosecution of Huafang textile, Zhangjiagang Alex Hua Tian denied it and said that the loan agreement of the company was false.
Then, who is right or wrong about the two sides involved? < /p >
< p > according to the announcement of Huafang textile, since July 2010, Zhangjiagang Alex Hua Tian has been borrowing from Hua Fang textile for production and operation.
As of July 31, 2011, the balance of principal and interest in Zhangjiagang Alex Hua Tian's actual loans to Hua Fang textile company was 17 million 250 thousand and 500 yuan.
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< p > and according to people familiar with the matter, the loan agreement issued by Huafang textile is actually a fraud.
"The reason why the loan is found to be false is mainly because the details of the loan agreement are not comparable with the relevant records of the farmers bank."
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< p > according to the people familiar with the matter, the loan agreement produced by Huafang textile is mainly produced in November 2010 and March 2011. In the two time periods, the actual controlling shareholder of Zhangjiagang Alex Hua Tian is still Hua Fang textile.
Since then, Xiao Zhaoya signed a share pfer agreement with Huafang textile company in August 2011. At this point, Xiao Chao became the real controller of Alex Hua Tian in Zhangjiagang.
That is to say, the loan agreement in Huafang textile industry can be said to be left-handed and right-handed relations before August 2011, and the company has not been pursuing loans.
In two months after Xiao Zhao's holding Zhangjiagang Alex Hua Tian, Huafang textile filed Zhangjiagang Alex Hua Tian's court.
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< p > July 2012, when Zhangjiagang Alex Hua Tian lost the first instance, the court decided that it should return the plaintiff's principal amount of 12 million 14 thousand and 300 yuan and 303 thousand and 400 yuan.
Zhangjiagang Alex Hua Tian appealed against the first instance and appealed to the Suzhou intermediate people's Court on September 2012.
However, the Suzhou intermediate people's court rejected the appeal of Alex Hua Tian of Zhangjiagang in 2013, and upheld the original judgment on the end of 4.
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< p > Zhangjiagang Alex Hua Tian believes that the judgment of the first instance and second instance is unfair, so it handed over relevant evidence to Jiangsu provincial high court again in June this year.
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< p > < strong > evidence of leakage of bribery evidence < /strong > < /p >
< p > Zhangjiagang Alex Hua Tian Hua Fang < a href= "http://www.91se91.com/news/index_s.asp" > textile > /a > besides borrowing disputes, Zhangjiagang Alex Hua Tian also points out that Huafang textile has the behavior of bribing judges.
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< < p > announcement shows that Alex Hua Tian and Xiao Siya of Zhangjiagang are accepting bribes of Huafang textiles in the first instance and second instance of the case. They are guilty of favoritism and perverting the law. The key evidence of the agreement submitted by Huafang textile to the court is the forgery agreement; one or two the fact that the trial finds that the loan does not exist; the first instance and the second instance seriously violated the procedure and should be revoked; there is new evidence to prove that there is no existence of the fact that the former Alex Hua Tian company claimed by Huafang textile company (now known as Zhangjiagang Alex Hua Tian) has the fact that its "borrowing" is enough to overturn the original judgment.
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< p > Zhangjiagang Alex Hua Tian said that the 200th article of the Civil Procedure Law of the people's Republic of China clearly stipulates: "if one party's application meets one of the following circumstances, the people's court shall retry: (1) there is new evidence enough to overturn the original judgment or ruling", so the case should be reexamined according to law.
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< p > although some lawyers believe that the evidence submitted by Alex Hua Tian of Zhangjiagang to the court has some degree of strength, but because the case has not yet been heard, it is unclear how the evidence submitted will play a role.
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< p > and according to people familiar with the matter, the process of obtaining evidence from Alex Hua Tian in Zhangjiagang is dramatic.
Xiao Zhaoya said that after holding Zhangjiagang Alex Hua Tian, he found that the loan agreement between Hua Fang and the bank was different from that of the bank and found that the loan agreement was false.
But how did Alex Hua Tian in Zhangjiagang discover the evidence of Hua Fang's bribery of judges? < /p >
< p > above, a person familiar with the matter revealed that the evidence of Huafang's bribery was discovered in Alex Hua Tian, Zhangjiagang.
It is understood that Zhangjiagang Alex Hua Tian holds the reimbursement list of Huafang textile gifts, which occurred in June 2011.
Because Huafang textile company still held Zhangjiagang Alex Hua Tian at that time, the reimbursement list could be left behind and found out because of the relationship between Alex Hua Tian and Alex Hua Tian in reimbursement.
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< p > it is understood that Zhangjiagang Alex Hua Tian was arrested for being prosecuted by Huafang textile in 2011. At present, the company has suffered huge losses for two consecutive years. Therefore, the Alex Hua Tian side of Zhangjiagang hopes that "a href=" http://www.91se91.com/news/index_c.asp "Hua Fang textile < /a" can cancel the former lawsuit and remove the seizure.
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