Chapter 60: Litigation Application
On the judicial bench, at the seat of the presiding judge.
Bang bang.
Yu Zhenyang struck the gavel: “The court is now in session.”
“We will now proceed to the identity verification stage, please the appellant state the identities of the persons appearing in court.”
“Understood, Presiding Judge.”
Su Bai nodded slightly and spoke slowly:
“In addition to our party Wan Henghao, the appellant’s persons appearing in court also include two entrusted attorneys from Baijun Law Firm, namely Su Bai and Li Xuezhen.”
After Su Bai finished stating the identities of the persons appearing in court, Yu Zhenyang lowered his head to glance at the litigation materials and then turned toward the seat of the respondent.
“Please the respondent state the identities of the persons appearing in court.”
At the respondent’s seat, Zhang Xiao nodded slightly: “Understood, Presiding Judge.”
“As the respondent, the persons appearing in court on our side include the parties Wu Qi, Dong Qiang, and Xie Yu, and the entrusted defense counsel Zhang Xiao from Nanyuan Law Firm.”
“Presiding Judge, the statement of the identities of the persons appearing in court on our side is complete.”
Bang!
At the judicial bench, Yu Zhenyang spoke slowly:
“This case is being heard on behalf of the Nandu Xinhai District Primary People’s Court, with Judge Yu Zhenyang serving as the presiding judge, together with Judges Liu Songping and Lin Xudong forming the collegial panel.”
After the verification of the personnel information was completed.
Yu Zhenyang began to announce the cause of action: “The cause of action in this case is that the appellant accuses the respondent Wu Qi, as the former principal responsible person of Tianlan Construction Co., Ltd., of owing two years of wages and corresponding material expenses, and accuses him of refusing to pay remuneration.”
“And additionally includes Xie Yu and Dong Qiang, two former equity shareholders of Tianlan Construction Co., Ltd., for failing to fulfill their shareholders’ capital contribution obligations, requesting that they assume substitute repayment responsibility for the debts owed by Tianlan Construction Co., Ltd. to the appellant’s party Wan Henghao, is the cause of action accurate?”
“Presiding Judge, the cause of action is accurate.”
Su Bai raised his head and looked toward the judicial bench as he spoke.
Yu Zhenyang lowered his head to look at the contents of the litigation materials and struck the gavel:
“The cause of action is confirmed as accurate, next please the appellant state the litigation claims as well as the facts and legal basis.”
“Understood, Presiding Judge.”
Su Bai nodded slightly, briefly arranged the litigation materials in front of him, and immediately drew out from in front of Li Xuezhen a previously prepared written litigation claim.
“Presiding Judge, our litigation claims are as follows:”
“First: Wu Qi, as the person in charge of Tianlan Construction Co., Ltd., that is the employer of our party.
Intentionally withheld our wages for two years, which has seriously infringed upon our interests and constitutes the crime of refusing to pay remuneration.
We hereby apply.
In accordance with Article 276-1 of the Criminal Law of our country concerning the crime of refusing to pay remuneration, that punishment be imposed on Wu Qi, and that he simultaneously pay the wages owed to our side as well as the related interest, totaling three hundred sixty-eight thousand seven hundred ninety-four yuan and seventy-five cents.”
“Second: during the two years in which our side worked, Wu Qi, as the person in charge of the company and the employer of our party, frequently imposed certain psychological pressure upon our party Wan Henghao.
For example: reprimanding and expressing dissatisfaction regarding the content of our work, which caused a certain degree of impact upon the mental condition of our party, therefore we request that Wu Qi issue a public apology and compensate for certain losses.”
“Third: because Wu Qi failed to pay wages, this indirectly caused damage to the mental condition and physical condition of our party, therefore we request that Wu Qi provide a certain degree of economic compensation to our party.”
“Fourth: during the period when Xie Yu and Dong Qiang served as shareholders of Tianlan Construction Co., Ltd., the registered capital of the company was eight million yuan, while only five hundred thousand yuan was actually contributed, according to Article 28 of the Company Law, shareholders shall contribute in a timely manner the respective capital contributions subscribed as stipulated in the company’s articles of association, failure to complete such contributions constitutes defective capital contribution shareholders.”
“Shareholders with defective capital contributions shall bear the company’s guarantee responsibility for capital contribution, the responsibility for making up the difference, and liability for damages, and within the liability for damages it is stipulated that when the company cannot repay debts, defective shareholders may be required within a certain scope to bear supplementary repayment responsibility.”
“Therefore we apply that Xie Yu and Dong Qiang, as two defective shareholders, bear certain responsibility for the repayment of wages and interest proposed by our side.”
“Fifth: we apply that the litigation costs and attorney’s fees of our side be borne by the respondent.”
“Presiding Judge, the statement of our litigation application is complete.”
After Su Bai finished his statement, Wu Qi almost wanted to curse after hearing it and turned his head to look at Zhang Xiao: “Lawyer Zhang, the litigation claims proposed by the other party are excessive, are they not!”
“Is this not clearly an attempt to send me in!”
“What nonsense crime of refusing to pay remuneration, I think these are all excuses!”
“Lawyer Zhang, we must win this lawsuit!”
“I will do my best.”
Zhang Xiao nodded slightly, raised his head and looked toward the seat of the presiding judge, and the presiding judge’s gaze had already fallen upon the respondent’s seat:
“Next please the respondent state the litigation claims.”
Zhang Xiao briefly arranged the litigation materials and immediately spoke: “With respect to the appellant’s application, our side raises objections.”
“First: at present Tianlan Construction Co., Ltd. is no longer under the name of our party Wu Qi, our party Wu Qi is no longer the principal responsible person or a shareholder, regarding the issue of Wan Henghao’s debt, it should not be borne by our party Wu Qi.”
“Because Wan Henghao’s labor contract was signed with Tianlan Construction Co., Ltd., and at the time of the equity transfer Wu Qi had already notified Wan Henghao and provided explicit notice.”
“Therefore the issue of Wan Henghao’s unpaid wages should be borne by Tianlan Construction Co., Ltd.”
“That is, according to the crime of refusing to pay remuneration, our side is not the subject of the offense and does not constitute refusal to pay remuneration by our side.”
Put simply, if money is to be demanded it should be demanded from Tianlan Construction Co., Ltd., not from us.
As for whether Tianlan Construction Co., Ltd. has money, that is not our concern.
Since the money is to be demanded from another party, then our side certainly does not constitute the crime of refusing to pay labor remuneration.
After hearing Zhang Xiao’s defense, Wu Qi immediately raised his thumb:
“As expected of a lawyer from a major law firm, truly impressive!”
He could tell that the meaning of these words was entirely to detach responsibility from him.
Zhang Xiao continued: “Second: based on the issue of Wan Henghao’s unpaid wages and the labor contract issue, both were concluded with Tianlan Construction Co., Ltd.”
“It should be directed to the current legal representative and equity holders of Tianlan Construction Co., Ltd., that is, the litigation claims appealed above by the appellant are not established!”
“Our side applies for the dismissal of all litigation applications of the appellant.”
It must be said that Zhang Xiao, as a lawyer of Nanyuan Law Firm, indeed possessed substantial professional capability.
After hearing Zhang Xiao’s defense opinion, Su Bai nodded slightly, the focus of this lawsuit was not on other aspects.
It was mainly on the determination of whether the unpaid wages owed to Wan Henghao should be borne by Wu Qi.
As long as the determination could be made to attribute responsibility to Wu Qi, that would be sufficient.
At present the primary focus of the opposing party’s defense was that the legal representative status and equity of Tianlan Construction Co., Ltd. had already been transferred.
What he now needed to do was to have the court determine that this equity transfer agreement should be revoked, or that this equity transfer agreement was an invalid agreement.