Chapter 61: It Is Over, It Feels as Though I Have Fallen into a Trap
On the judicial bench.
After hearing Zhang Xiao’s litigation application and litigation arguments, Presiding Judge Yu Zhenyang glanced through the litigation materials before him.
“Very well, the respondent’s statement of litigation application is complete.”
“Next, please the appellant present its opinions and views, or its factual basis and legal arguments.”
Bang bang!
Presiding Judge Yu Zhenyang struck the gavel and shifted his gaze to Su Bai.
Su Bai briefly organized the materials and evidence, then raised his head to look toward the presiding judge.
“Presiding Judge.”
“I would like to ask the opposing party a few questions.”
As soon as Su Bai spoke, Wu Qi turned his gaze toward Zhang Xiao, and the meaning was obvious:
What should be done?
Zhang Xiao lightly tugged at Wu Qi’s sleeve, signaling him not to worry.
At present, the advantage is ours, what is there to fear?
Seeing this, Wu Qi exhaled deeply and calmed down.
Bang bang.
Yu Zhenyang struck the gavel: “Are the questions to be asked of the opposing party relevant to this case?”
“They are relevant, Presiding Judge.”
Bang bang!
“The application is approved, counsel for the appellant may question the respondent.”
Su Bai briefly arranged the materials before him, and then fixed his gaze firmly upon Wu Qi.
After noticing Su Bai’s gaze, Wu Qi felt somewhat nervous for reasons he himself did not understand.
He silently repeated several times in his heart: the advantage is ours, do not be afraid!
Only then did he forcibly suppress his nervous thoughts.
At that moment, Su Bai also began his questioning:
“I would like to ask the respondent Wu Qi, regarding your failure at that time to pay in the full registered capital.
Does the current legal representative of Tianlan Construction Co., Ltd. know of this?”
Wu Qi glanced at Zhang Xiao, but Zhang Xiao showed no reaction, so he nodded and said: “He knows.”
“Then may I ask, what is your relationship with the current legal representative of Tianlan Construction Co., Ltd., that is, Shen Guang, who is now the largest shareholder of Tianlan Construction Co., Ltd.?”
“There is no particular relationship.”
“Presiding Judge, I have finished my questioning.”
Su Bai did not continue further.
This left Wu Qi momentarily stunned, somewhat unable to make sense of the matter.
At the same time, Zhang Xiao also could not discern what kind of strategy Su Bai was pursuing.
In his view, the central issue in the present case was the company’s debt.
So long as Wu Qi was not made to bear the company’s debt, and so long as there was no judicial determination rescinding the equity transfer agreement, then there would be no serious problem.
On the judicial bench.
Presiding Judge Yu Zhenyang struck the gavel: “Counsel for the appellant has completed the questioning, next, the appellant shall begin its presentation of factual proof.”
“Understood, Presiding Judge.”
The purpose of the questioning had already been achieved, and the corners of Su Bai’s mouth rose slightly.
From the materials he had prepared long before, he drew out the evidence previously submitted, and then spoke:
“Presiding Judge, according to the enforcement document of the labor supervision department previously submitted by our side, our side had already applied for labor supervision as early as one year ago.”
“The submission date was one year ago, specifically June 9 of last year, whereas Wu Qi’s transfer of equity and legal representative status took place in September of last year, that is, after the labor supervision proceedings.”
“Before the equity and legal representative status of Tianlan Construction Co., Ltd. were transferred, our side had already submitted an application for labor supervision to the labor supervision brigade.”
“The labor supervision brigade ordered Wu Qi to pay the wages owed to our party.”
“However, Wu Qi consistently failed to perform his responsibilities and obligations, and delayed until the company’s equity and legal representative underwent change.”
“Accordingly, our side submits that Wu Qi was subjectively acting in bad faith to evade debt, transfer equity, and shift the debt issue.”
“Moreover, Wu Qi did not actually contribute the registered capital and is therefore a defective shareholder, and Wu Qi still has the obligation to bear the unpaid wages owed to our side.”
“Presiding Judge, our statement is complete.”
Presiding Judge Yu Zhenyang frowned slightly and looked toward the evidence previously submitted by both sides.
Among the evidence submitted by the appellant, there was indeed an enforcement document from the labor supervision authorities, and Yu Zhenyang turned his head and asked:
“Does the respondent have any objection to the evidence submitted by the appellant?”
“No.”
Zhang Xiao answered.
The evidence submitted by the opposing party was indeed an enforcement document from the labor supervision brigade, and there was no issue whatsoever on that point.
“The respondent has no objection to the evidence submitted by the appellant.”
Bang bang!
“Now please the respondent speak.”
“Understood, Presiding Judge.”
Zhang Xiao took out a contract and certain documents: “Presiding Judge, according to the evidence submitted by our side, the procedures and contents of our equity transfer agreement and shareholder resolution documents.”
“Do not violate the Contract Law, the Company Law, or other relevant laws and regulations, and are lawful and valid.”
“The transfer of shares belongs to the rights and interests of shareholders, and shareholders lawfully enjoy limited-term interests.”
“Moreover, the appellant has no evidence proving that our side maliciously evaded debt, our side merely carried out a normal equity transfer, and with respect to the accusations raised by the appellant, our side applies for dismissal.”
Zhang Xiao lowered his head to look at the materials on the table, and after finishing his statement, he raised his head again to look at Su Bai.
His gaze met Su Bai’s directly.
However, from Su Bai’s eyes, he seemed to perceive a feeling that he himself had fallen into a trap.
At present, the point of dispute between the two of them lay in whether Wu Qi had maliciously evaded debt, and whether the transfer of equity was reasonable.
At present, it seemed that the advantage was ours, there should be no major issue.
Zhang Xiao drew a deep breath, yet then he heard Su Bai speak again: “Presiding Judge, our side applies to submit new evidence.”
New evidence?
Zhang Xiao was momentarily taken aback.
On the judicial bench, Yu Zhenyang spoke: “Application approved, the appellant may submit new evidence in court.”
“Understood, Presiding Judge.”
Su Bai’s lips curved upward slightly, and at present the opposing party had clearly already fallen into his trap.
Su Bai handed the new evidentiary materials to the staff member beside him.
The staff member delivered the evidentiary materials to the seat of the presiding judge.
Looking at the evidentiary materials submitted by Su Bai, Yu Zhenyang frowned slightly, “Appellant, the materials you have submitted are informational materials concerning Shen Guang, the current legal representative and shareholder of Tianlan Construction Co., Ltd.”
“With respect to the evidence submitted by your side, the court will examine it outside the hearing, if it is confirmed to be accurate, it will be admitted, and if it is confirmed to be inaccurate, the appellant shall bear full responsibility.”
“Is this point understood by the appellant?”
“Presiding Judge, our side understands.”
Su Bai answered.
“Very well!”
Presiding Judge Yu Zhenyang nodded slightly: “Begin your statement.”
“?”
Upon hearing the presiding judge’s words, Zhang Xiao frowned slightly and silently watched Su Bai.
The evidence submitted concerned Shen Guang, the current legal representative and equity holder of Tianlan Construction Co., Ltd.?
Noticing the slight upward curve at the corners of Su Bai’s mouth, he increasingly felt that he seemed to have fallen into a trap.
But what precisely that trap was, he could not say for the moment.