Huafang Textile Loan Agreement Suspected Of Forged Bribery Evidence Disclosed?

Huafang under restructuring spin At present, the company is involved in a lawsuit, and whether the restructuring of Huafang Textile, which has always been concerned by the market, can continue is therefore unknown.

According to insiders, the case of Zhangjiagang Huatian New Material Technology Co., Ltd. (hereinafter referred to as Zhangjiagang Huatian), Xiao Zhaoya and Huafang Textile Loan Dispute will be held in the afternoon of October 23. From the fact that the Jiangsu Higher People's Court (hereinafter referred to as the Jiangsu Higher People's Court) accepted the lawsuit of Zhangjiagang Huatian and Xiao Zhaoya against Huafang Textile, Huafang Textile is at a disadvantage.

It is understood that Zhangjiagang Huatian has submitted to the Jiangsu Provincial High Court the relevant evidence of Huafang Textile bribing the judge and forging the loan agreement. In this regard, some lawyers believe that since the Jiangsu Provincial High Court has accepted this final case, Zhangjiagang Huatian has submitted strong evidence or new evidence.

In this regard, the reporter called Zhao Jiangbo, the secretary of Huafang Textile, many times yesterday, but all he received were notices that the number was empty.

Suspected forgery of loan agreement

On October 16, Huafang Textile issued a suggestive announcement on the progress of the lawsuit, saying that the company had recently received the Notice of Responding to the Lawsuit (2013) of Jiangsu Provincial High Court (SSSZ No. 466). Its content is the case of Zhangjiagang Huatian, Xiao Zhaoya and the company's loan dispute. (The other party) refuses to accept the civil judgment (2012) SZSZZ No. 0565 issued by the Intermediate People's Court of Suzhou City, Jiangsu Province (hereinafter referred to as Suzhou Intermediate People's Court), and has applied to the Jiangsu High Court for retrial and has accepted it.

Some lawyers believe that since the Jiangsu Provincial High Court has accepted this final case, Zhangjiagang Huatian has submitted strong evidence or new evidence.

According to insiders, Zhangjiagang Huatian submitted the relevant evidence to the Jiangsu Provincial High Court as early as June this year. Since then, it has received a letter of acceptance on October 15 this year.

In retrospect, this loan dispute started in October 2011. Zhangjiagang Huatian notified Huafang Textile to refuse to repay the remaining principal and interest of the loan of 12.798 million yuan, and demanded to return the deposit of 4 million yuan and to cancel the equity pledge agreement signed by Xiao Zhaoya and Huafang Textile. Later, Huafang Textile sued Zhangjiagang Huatian and Xiao Zhaoya.

Zhangjiagang Huatian denied the lawsuit of Huafang Textile and said that the loan agreement of the company was actually false. So, who is right and who is wrong on both sides?

According to the announcement of Huafang Textile, since July 2010, Zhangjiagang Huatian has borrowed money from Huafang Textile for production and operation. As of July 31, 2011, the actual balance of principal and interest of Zhangjiagang Huatian's borrowings from Huafang Textile was 17250500 yuan.

According to insiders, Huafang Textile's loan agreement was actually forged. "The reason why this loan is found to be false is mainly because the details on the loan agreement do not match the relevant records of the Peasant Bank."

According to the above informed person, the loan agreement issued by Huafang Textile was mainly in November 2010 and March 2011, and the actual controlling shareholder of Zhangjiagang Huatian is still Huafang Textile. Since then, Xiao Zhaoya and Huafang Textile signed an equity transfer agreement in August 2011, and until then, Xiao Zhaoya has become the actual controller of Zhangjiagang Huatian. That is to say, the loan agreement in the hands of Huafang Textile can be said to be a left-handed relationship until August 2011, and the company has not been chasing for loans. But two months after Xiao Zhaoya held Zhangjiagang Huatian, Huafang Textile sued Zhangjiagang Huatian.

In July 2012, Zhangjiagang Huatian lost the first trial, and the court ruled that it should return the plaintiff Huafang Textile's loan principal of 12.0143 million yuan and fruits of 303400 yuan. Zhangjiagang Huatian appealed to Suzhou Intermediate People's Court in September 2012 against the first instance verdict. However, the Suzhou Intermediate People's Court rejected the appeal of Zhangjiagang Huatian in the final judgment in April 2013 and upheld the original judgment.

Zhangjiagang Huatian believed that the judgments of the first and second trials were unfair, so he submitted relevant evidence to the Jiangsu Provincial High Court for prosecution again in June this year.

Disclosure of bribery evidence?

In addition to the loan dispute, Zhangjiagang Huatian Huafang Textile also pointed out that Huafang Textile had bribed the judge.

The announcement shows that Zhangjiagang Huatian and Xiao Zhaoya now accept bribes from Huafang Textile with the judges in charge of the first and second instance of the case, and there are cases of favoritism, fraud and perversion of the law; The key evidence submitted by Huafang Textile to the court - the "loan agreement" was forged; 1、 The fact of loan identified in the second trial does not exist; If the judgment of the first and second instance seriously violates the procedure, it shall be revoked; New evidence is enough to prove that there is no "borrowing" fact claimed by Huafang Textile (now referred to as Zhangjiagang Huatian), which is enough to overturn the original judgment.

Zhangjiagang Huatian said that Article 200 of the Civil Procedure Law of the People's Republic of China clearly stipulates that "if the party's application meets one of the following circumstances, the people's court shall retry it: (1) if there is new evidence enough to overturn the original judgment and order", so the case should be retried according to law.

Although some lawyers believe that the evidence submitted by Zhangjiagang Huatian to the court is strong, it is still unknown how the evidence submitted by Zhangjiagang Huatian can play a role because the case has not yet been heard.

According to insiders, the process of Zhangjiagang Huatian obtaining evidence was quite dramatic. If Xiao Zhaoya found that the loan agreement in Huafang Textile's hands was different from that of the bank after holding Zhangjiagang Huatian, and found that the loan agreement was false, it would be understandable. But how did Zhangjiagang Huatian discover the evidence that Huafang Textile bribed the judge?

The above-mentioned insider revealed that Huafang Textile found the evidence of bribery in Huatian, Zhangjiagang. It is understood that Zhangjiagang Huatian has the reimbursement form of Huafang Textile gifts, which occurred in June 2011. Since Huafang Textile still controlled Zhangjiagang Huatian at that time, it is possible that the reimbursement form was left and found because of the company's reimbursement in Zhangjiagang Huatian.

It is understood that Zhangjiagang Huatian was sealed up because it was sued by Huafang Textile in 2011. At present, the company has suffered huge losses for two consecutive years. Therefore, Zhangjiagang Huatian hopes that Huafang Textile can revoke the previous lawsuit and remove the seal.