Mining machinery transfer agreement

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6. The plaintiff Songxian Baoyuan mining and Metallurgy Co., Ltd., Zhang Zhiqin, Li yeshuang and the defendant Chen Zhishun in the case of equity transfer dispute in the first instance civil judgment Party: judge: Document Number: Henan Luoyang intermediate people's court plaintiff: Songxian Baoyuan mining and Metallurgy Co., Ltd. Address: No.11, Jianshe Road, Songxian County, Henan Province

legal representative: Li yeshuang, shareholder of the company

plaintiff: Li yeshuang, male, Han nationality, born on July 1, 1968

jointly entrusted agent of the two plaintiffs: Li Maolin, male, born on January 24, 1976

plaintiff: Zhang Zhiqin, male, born on February 18, 1954

entrusted agent: the basic information of Li Maolin is the same as above

entrusted agent: Liu Wei, lawyer of Henan andor law firm

defendant: Chen Zhishun, male, born on April 22, 1963

entrusted agent: Chen Sanbao, male, born on October 15, 1977

entrusted agent: Zhao Bing, male, born on December 1, 1979

the plaintiffs Songxian Baoyuan mining and Metallurgy Co., Ltd. (hereinafter referred to as Baoyuan company), Zhang Zhiqin and Li yeshuangwei filed a lawsuit with the defendant Chen Zhishun on January 19, 2009. After accepting the lawsuit, the court formed a collegial panel according to law and heard the case in public on April 13, 2009 and April 27, 2009 Li Maolin, the entrusted agent of Li yeshuang, Li Maolin and Liu Wei, the entrusted agent of Zhang Zhiqin, and Jin Lijun, the entrusted agent of Chen Zhishun, participated in the first trial on April 13, 2009. Later, Chen Zhishun resigned his entrustment to Jin Lijun and entrusted Chen Sanbao and Li Bing to participate in the second trial. The case has now been concluded

the plaintiffs Baoyuan company, Li yeshuang and Zhang Zhiqin claimed: on July 7, 2006, Zhang Zhiqin, the former legal representative of Baoyuan company, signed a contract with the defendant on behalf of the company, stipulating that the defendant invested 25 million yuan in Baoyuan company, and the defendant could obtain 15% of the shares transferred by Zhang Zhiqin, the shareholder of Baoyuan company, and 15% of the shares transferred by Li yeshuang, holding 30% of the shares of Baoyuan company in total, After signing the contract, the defendant did not perform the contract. After being urged by the plaintiff for many times, Zhang Zhiqin signed a supplementary contract with the defendant on behalf of Baoyuan company on October 27, 2006, stipulating that the defendant should invest a total of 25 million yuan in Baoyuan company in three batches from October 2006 to December 15, 2006. After signing the supplementary contract, the defendant still failed to perform the contract, The defendant asked the plaintiff to transfer the shares first. And verbally guarantee to fulfill the obligation of capital contribution after becoming a shareholder. Otherwise, they are willing to bear all legal consequences and compensate for all losses. Baoyuan company agreed to the defendant's request after the shareholders' meeting. On December 31, 2006, the plaintiff Li yeshuang and the plaintiff Zhang Zhiqin respectively transferred their 15% shares of Baoyuan company to the defendant and went through the instrial and commercial registration proceres. After the change, the total registered capital of Baoyuan company remained unchanged at 10 million yuan. According to the regulations of the Administration for Instry and commerce, the defendant, as a new shareholder, should return the corresponding registered capital to the two plaintiffs according to the shares transferred to them by Zhang Zhiqin and Li yeshuang. The defendant asked the plaintiffs Zhang Zhiqin and Li yeshuang to sign the instrial and commercial change proceres first, and promised to return the plaintiff Zhang Zhiqin and Li yeshuang RMB 1.5 million each within three days after the equity transfer, but the defendant has not yet paid. After becoming the largest shareholder and chairman of Baoyuan company, the defendant still failed to fulfill his investment obligation. Under the repeated urging of the plaintiff, he only remitted 1 million yuan to the company on July 10, 2007, 1.2 million yuan to the company on August 1, and 300000 yuan to the company on September 17, 2007, totaling 2.5 million yuan. There is no other investment. The defendant has always said that the investment fund will arrive soon, requiring the company to maintain stability, employees to work normally, and all expenses to be paid normally. From July 2006 to now, a total of 29 months have caused huge losses to Baoyuan company. According to preliminary calculation, only from February 2007 to December 2008, the defendant's investment was not in place, resulting in a loss of 9.7 million yuan. Among them, the employee's salary is 2.22 million yuan, and the penalty for purchasing equipment is 2.7 million yuan. The operation and management fee is 4.8 million yuan. In the past two years, many investors want to invest in Baoyuan company, but the defendant occupies the largest share of the company. He is also the chairman of the board and keeps the control of the company. He neither invests nor returns the equity. As a result, other investors can not invest in Baoyuan company and cause huge losses. Therefore, the people's court is requested to: 1. Terminate the investment contract signed by the plaintiff and the defendant; 2. Order Chen Zhishun to return to Zhang Zhiqin the 15% shares held by Chen Zhishun in Songxian Baoyuan company; 3. Order Chen Zhishun to return to Li yeshuang 15% of the shares held by Chen Zhishun in Baoyuan company; 4. Chen Zhishun was ordered to compensate Baoyuan company for direct economic loss of 9.72 million yuan

the defendant Chen Zhishun replied: 1. Zhang Zhiqin and Li yeshuang are not qualified plaintiffs. If they sue, they should file a case separately and try it separately. 2. The respondent's investment was not 2.5 million yuan, but 9.8 million yuan. In the process of performance, the respondent paid more than 5 million yuan into Zhang Zhiqin's personal account. The reason why the remaining money was not paid into the company was that Zhang Zhiqin did not inform the company to transfer the shares by mortgage, so he asked to find out the facts and rejected the plaintiff's claim< It is found that: on July 7, 2006, Zhang Zhiqin and Chen Zhishun signed a "contract" on the cooperative development of xiangchungou molybdenum mine in Song County, Luoyang City, Henan Province. The contract stipulates that Chen Zhishun is responsible for providing RMB 25 million and injecting relevant funds in stages according to the project progress of the company. When the new company is established, the company will be responsible for, Chen Zhishun owns the mining right of xiangchungou mining area, which belongs to Baoyuan company, at the same time owns the mining right of xiangchungou molybdenum mining area, and also owns the income right of other mineral proction in the mining process of xiangchungou molybdenum mine. The ownership of both parties is reflected by the equity of Baoyuan company. The newly changed Baoyuan company has a registered capital of 10 million yuan and is composed of five shareholders. The equity ratio is 30% for Chen Zhishun, 23% for Zhang Zhiqin, 22% for Songxian economic investment company, 15% for Li yeshuang and 10% for Zhao Qiujun. Zhang Zhiqin is the legal representative and general manager of the company, and Chen Zhishun is the chairman of the board of directors. On October 27, 2006, Zhang Zhiqin, as Party A and Chen Zhishun, as Party B, both parties signed a supplementary contract. It is agreed that according to the contract signed by both parties on June 2, 2006, Party A has completed the preparation work of company registration and project commencement. Due to the change of time, the supplementary terms are as follows: 1. The funds invested by Party B in the original contract shall be returned first when there is profit, The time is changed from 200 days to 150 days, and the starting time is Party B's first remittance. 2、 The capital use plan is changed to that Party B needs to invest 5 million yuan in October 2006, 10 million yuan before November 15 and 10 million yuan before December 15. On December 31, 2006, the shareholders of Baoyuan company formed a resolution of the shareholders' meeting, which changed the shareholders and confirmed that Zhang Zhiqin, the former shareholder, contributed 3.8 million yuan, of which 1.5 million yuan was transferred to Chen Zhishun in a lump sum in currency of 1.5 million yuan. The settlement was completed on December 31, 2006, and Li Ye, the former shareholder, contributed 3 million yuan, of which 1.5 million yuan was transferred to Chen Zhishun in a lump sum in currency of 1.5 million yuan, The delivery was completed on December 31, 2006. Songxian Economic Investment Co., Ltd., the shareholder of Baoyuan company, contributed 2.2 million yuan, accounting for 22% of the registered capital, Chen Zhishun contributed 3 million yuan, accounting for 30% of the registered capital, Zhang Zhiqin contributed 2.3 million yuan, accounting for 23% of the registered capital, Li yeshuang contributed 1.5 million yuan, accounting for 15% of the registered capital, and Zhao Qiujun contributed 1 million yuan, accounting for 10% of the registered capital Zhou Yinong was a director of the company and Du Xiaoyang was removed from his post as a director. On the same day, Chen Zhishun was elected as the chairman of the board of directors of the company. At the same time, on December 31, 2006, Baoyuan company registered for instrial and commercial change. On June 16, 2007, Chen Zhishun issued a letter of commitment to Baoyuan company, which stated: according to the investment agreement signed by Chen Zhishun and Baoyuan company, e to various reasons, the funds were not in place in time as agreed in the agreement. In order not to affect the progress of the whole project, Chen Zhishun is willing to transfer 15% of the shares to Zhang Jixian of Gongyi. Now, e to Chen Zhishun's personal reasons, the shares are frozen and cannot be transferred temporarily, Zhang Zhiqin, the shareholder, takes his own shares as collateral, and handles the transfer proceres after his shares are unfrozen. The remaining 15% of the shares should be invested about 15 million yuan (the actual amount will be checked with the financial department). Chen Zhishun guarantees to remit the first investment amount to Baoyuan company's account number (no less than 5 million yuan) before June 25, and remit all the remaining investment amount before July 25, All the remaining shares shall be transferred to the new investor. Chen Zhishun denied that he had signed Chen Zhishun's signature on the letter of commitment. After Chen Zhishun applied for the identification of the signature handwriting and was entrusted by the Forensic Technology Department of our hospital, the Forensic Technology Department of our hospital terminated the identification because Chen Zhishun failed to take the signature sample from the identification agency at the designated time, which made the identification impossible

there is a big dispute between the plaintiff and the defendant about the amount of Chen Zhishun's investment and the loss of Baoyuan company caused by the investment not in place. As for the amount of investment, the plaintiff recognized that Chen Zhishun had invested 2.5 million yuan in total, and submitted the remittance slips from Chen Zhishun to Baoyuan company on July 10, 2007, August 1, 2007, and September 17, 2007, with the amount of 1 million yuan, 1.2 million yuan, and 300000 yuan respectively. Chen Zhishun claimed that in addition to the above money, he also remitted more than 9 million yuan to Zhang Zhiqin for many times, with the existing evidence of 7.12 million yuan, The plaintiff recognized the 2.5 million yuan remitted to the company, but did not accept it. He thought that the evidence was a , and said that the money on the above-mentioned documents was remitted to Zhang Zhiqin's personal account. Zhang Zhiqin and Chen Zhishun also jointly invested in Luoyang Luoyin Trading Co., Ltd., even though they remitted money to Zhang Zhiqin, It is also the fund for both parties to invest in Luoyang Luoyin Trading Co., Ltd. In this regard, the court held that because the remittance voucher submitted by Chen Zhishun was a , and from the content of the letter of commitment issued by Chen Zhishun on June 16, 2007, he had not paid the investment fund before June 16, 2007, and promised to remit the first sum of money to Baoyuan company's account before June 25, Most of the remittances occurred before June 16, 2007, and the remittances were in Zhang Zhiqin's personal account. At the same time, Chen Zhishun and Zhang Zhiqin had economic contacts with Luoyang Luoyin Trading Co., Ltd. the plaintiff also made a reasonable explanation for the money remitted into Zhang Zhiqin's account, so it did not recognize other remittance vouchers of Chen Zhishun, It should be recognized that Chen Zhishun invested 2.5 million yuan in Baoyuan company

as for the loss caused by Chen Zhishun's failure to invest in place, Baoyuan company submitted the following documents: Baoyuan company, Zhengzhou company directly under Beijing Water Science Engineering Corporation, Henan geological and mineral construction engineering (Group) Co., Ltd., Power Instry Corporation of Songxian Electric Power Bureau, Henan coking Machinery Co., Ltd., Zhejiang Yuguang Vacuum Electric Appliance Co., Ltd Seven contracts signed by Shanghai Zhongfa Electric Power Automation Co., Ltd. and Anshan heavy mining machinery Co., Ltd. proved that e to the lack of investment funds, they should pay liquidated damages totaling 2.15 million yuan, and submitted the accounts of Baoyuan company, proving that their employees' wages and management expenses lost 5.1308 million yuan. Chen Zhishun did not accept the above evidence, He thinks that the contract signed with others is forged, and Chen Zhishun does not know about it, and