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000 yuan price to Wang Xiangdong. August 8
's Republic of China Court issued a final judgment in most Lu floor puzzle is to effect the transfer of 46% has been mine equity relationships, business change and other formalities are completed in five years, the middle value added generated a lot of business, how can sentenced returned. Lu in the mouth of the mine floor, in fact, another coal heavyweights Xinming Shanxi Shanxi Coking Group Co., Ltd. Gold (hereinafter referred to as "gold mining company")'s Shanxi Jinhai Energy Limited (hereinafter referred to as "Gimhae company") Yangcheng big Ning Jinhai owned coal mines (hereinafter "Daning Coal Mine"). And this is also the case agent, Beijing Dacheng Law Firm Ji Jingwu confusing place - five years ago, on the performance of the contract is completed,abercrombie factory outlet, the Qin and energy are in operation for five years, how can an equity transfer price is too low, and become breach of contract "I think for this reason can not be established, it can not serve as a basis for judgment." Ji Jingwu times weekly in an interview that they had made to the Supreme Court for retrial, and try to take Zuigao Jian protest, the NPC and supervision of judicial relief channels. In fact, in this battle, the problem is that the focus of debate both sides signed the "equity swap and debt restructuring agreement" (hereinafter referred to as "Swap Agreement") the authenticity of the record industry and commerce as well as the transfer has been completed whether equity transfer price is too low and was sentenced to return the transferor. Coal "big brother" of cooperation in this battle of mine both parties are in Shanxi coal market "big brother"-level characters. Xinming is the gold industry's legal representative, Lu Qin and energy in the building is, Qin and Investment Co., Ltd. (hereinafter referred to as "Qin and investment company") the legal representative. May 23, 2007, the industry and energy companies with Qin signed a "strategic cooperation agreement",abercrombie boutique, "Qin and energy to 1.5 million yuan to buy the gold mining company in Gimhae 5% of the shares, as Qin and energy end-Jinhai Company acquired 53% equity interest and co-operation with the gold industry development begins. " Bullion Company will hold its first class three mines Redcliffe part of the shares transferred to the Qin and energy companies, Qin and energy companies will be held by Orchid Group, part of the company equity transfer to the gold mining company; bilateral strategic joint venture company incorporated cooperation; Qin and energy companies to lend the company 50 million yuan gold industry,livraison gratuite hollister, as the beginning of cooperation. After signing the contract, Qin and energy companies to lend gold industry companies 50 million yuan. After the gold industry companies including Redcliffe puts the first three mines, including all assets transferred to China Resources Coal Limited, a strategic agreement between the parties in name only. In the same year on July 3,veste abercrombie homme, the two sides signed a "cooperation agreement", agreed Bullion Company will Xinming actual controller and its affiliates Zhangwen Yang, Feng Xiaolin Gimhae company held 46% of the shares transferred to Qin and energy related companies Qin and investment, the transfer price to be determined,abercombie, and provides that the share transfer price does not exceed the gold industry companies in cooperation with the Yangcheng coal prices, the price, then in the "strategic cooperation agreement" clearly was 670 million yuan, which means that Lu mezzanine can not get more than 670 million yuan price Daning Coal Mine 46% of the shares. Thereafter, the Gimhae Qin and energy companies on behalf of the company to pay 112 million yuan resource price; gold mining companies and energy companies to Qin loan 33 million yuan. "Cooperation agreement" signed, Qin and energy companies with Gold Company to perform a cooperation agreement the entire contents: Qin and investment firms on November 29, 2007, December 4 in two generations Gimhae company paid 1.12 Resource billion purchase price. Qin and energy companies on July 11, 2007 to lend gold industry companies 33 million yuan. In addition, the Qin and energy companies also Bullion Company and its affiliates provide more than 290 million yuan of loans. September 13, 2007, Qin and Qin affiliates energy companies and investment firms with Gold's actual control Xinming, Zhang Yang, Feng Xiaolin and Yangcheng County, Shanxi Coal Transportation Company, Beijing Xin Investment Co., Ltd. Wang Xiangdong seven party signed the "Shanxi Jinhai Energy Limited Equity Transfer Agreement", Xinming Gimhae company will hold 17% of its stake to 5.1 million yuan price of the transfer and investment companies to Qin, Zhang Yang Jinhai its holding company 27% of the shares to be transferred to the price of 8.1 million yuan Qin and investment companies, Feng Xiaolin Gimhae it holds a 2% stake of 30 million yuan price transfers to Qin and investment companies, and investment firms undertake Qin Jinhai company debt to pay to the state on behalf of Gimhae company 11,200 yuan price of mining rights. September 19, 2007, Qin and investment paid Xinming, Zhang Yang, Feng Xiaolin totaling 13.8 million yuan equity transfer; on December 4th Generation Gimhae company paid 112.14 million yuan price of mining rights. Jinhai company in September 13, 2007 held the third meeting, adopted a resolution above equity transfer; amend the company's articles of association; Jinhai Company on September 17 the same year completed the transfer of all of the equity change of business registration. Gimhae company's register of shareholders have made the appropriate changes. All these are indications that gold mining company and the Qin and energy companies signed a "strategic cooperation agreement",abercrombie magasin, they substantive cooperation is the Qin and energy companies to lend gold industry companies more than 290 million yuan; Xinming, Zhang Yang, Feng Xiaolin Gimhae it holds 46% equity interest in the company's price of 13.8 million yuan transferred to Qin and investment companies; Qin Jinhai companies and investment firms to pay 112.14 million yuan on behalf of the mining right purchase price and other three, for other content of cooperation the two sides have not ask continue to perform. September 2007, the two sides in accordance with the equity transfer of the share to the Trade and Industry Bureau of Shanxi Province of equity change procedures. January 21, 2009, Zhang Xinming and Lu in the House signed a "Swap Agreement" in this protocol, not only illustrates the Qin Zhang Xinming and investment holding company with its 49% stake in the floor with Lu equity and equity for replacement, also re-defined the Daning Coal Mine 46% equity ownership of Qin and Qin's energy and investment of all, with particular reference to "1 after the effective date of this Agreement, and Lu Zhang Xinming partnership between the floor all end. (2) after the effective date of this Agreement, and Lu Zhang Xinming between mezzanine debt, debt relations fully settled. " Originally pleasant cooperation, to March 15, 2010, Zhang Xinming Lu in the floor but paper petition to court for the lifting of the floor with Lu signed the "Cooperation Agreement" and "Swap Agreement" and asked Lu in Floor restitution Gimhae 46% equity interest in the company. Gimhae appreciation of ten billion lawsuit the company purpose is to fight Gimhae company's equity. Gimhae company is set up, the only investment is made Yangcheng big Ning Jinhai coal mining rights. February 2003, Zhang Xinming and Chang Hung, Lisan You Gimhae jointly funded company with a registered capital of 30 million yuan, of which Xinming invested 18 million yuan, accounting for 60%; Changhong invested 6 million yuan, accounting for 20%; Lisan You invested 6 million yuan, accounting for 20%. June 30, 2005, Chang Hung, Lisan You were to hold a 20% stake to 10 million yuan price to Yan Qi. On the same day, Zhang Xinming Gimhae it holds 40% stake in the company to 12 million yuan price to his son Zhang Yang; Gimhae it holds a 2% stake in the company 600,000 yuan price to its driver Feng Xiaolin; be held Some 1% stake to 300,000 yuan price to Wang Xiangdong. August 8, 2005, Yan Qi Jinhai company in turn holds 40% of the shares transferred to Beijing Xin Investment Co., Ltd. (hereinafter referred to as "Beijing Xin industry company"), the transfer price of 11.7 million yuan. December 26, 2005, Zhang Yang Jinhai company to hold 13% of the shares transferred to Shanxi Coal Transportation and Marketing Corporation Yangcheng County,abercrombie achat, Jincheng Corporation (hereinafter referred to as "Yangcheng coal company") Yangcheng coal company, the transfer price of 3.9 million yuan, the additional condition that the Yangcheng coal company lent Xinming actual companies controlled Gujiao Yuefeng coal washing Ltd. 280,000,000 yuan, by the period of six years. On the same day, Beijing Xin industry Gimhae company will hold 15% of its equity transfer to the Yangcheng coal company,abercrombie a, the transfer price 4.5 million yuan,abercrombie vetement, the additional condition that the Yangcheng lent Beijing Xin coal industry companies 280 million yuan, loan period of six years. March 2004, Shanxi Provincial Department of Gimhae company issued a "mining license", the name of the mine in Shanxi Jinhai Energy Limited Yangcheng big Ning Jinhai mine; mining area of ​​53.6907 square kilometers; "mining permit" valid for three years from March 2004 to March 2007. Commissioned by the Shanxi Provincial Department of Shanxi Rulin asset appraisal firms Ltd assessment "Yangcheng big Ning Jinhai mining right, November 1, 2003 assessed value is: 224 million yuan." The company applies Gimhae, Shanxi Provincial Department approval, the mining right purchase price of six to pay, including the right to apply for registration of mining paid when 37,384,900 yuan, from 2005 to 2009 to pay 37.38 million yuan annually. March 2004, the company registered capital of Gimhae paid the first phase of the mining right of 30 million yuan, and the remaining 7,abercrombie sweatpants,384,900 yuan paid by the borrower. These borrowings are bank deposit rates. In recent years, the rising price of coal resources, with 53.6 square kilometers, 400 million tons reserves the right to Gimhae mining equity also rose sharply. 2012 Xinming comprehensive win back options, once negotiations with China Resources Coal Limited share transfer matters. Xinming proposed transaction price is based on the value of 25 yuan per ton of coal reserves calculation. Gimhae company-owned coal mining company, Yangcheng big Ning Jinhai worth 10 billion yuan. Xinming with Qin and investment companies, coal companies,abercrombie sweat femme, Yangcheng litigation, a net profit of 6 billion. Supreme Court upheld Xinming proceedings there is a very important reason is that he thinks Lu did not fulfill the contract with the building of the "swap agreement" constitutes a fundamental breach of contract. But Lu in the House feel very wronged, he said he did not sign anything with Xinming "swap agreement." Ji Jing Wu said, "swap agreement" is the first instance Xinming key evidence submitted to the court. But Xinming did not submit this evidence to the court the originals, only copies. Although he admitted via Qiu Xiaohong Zhang Xinming (Xinming assistant,abercrombie prix, because involving economic case has been sentenced) to Lu in the House to sign the document was not signed by the two sides face to face, and Qiu Xiaohong also Taiyuan Public Security Bureau "interrogation record," acknowledged "Swap Agreement" upper "Lu in the House," the signature is her way through the clip counterfeit copy. Shanxi Province Higher People's Court (hereinafter referred to as "Shanxi High Court") in the first instance ruling that Qin Zhang Xinming and energy companies to return 46% of the company's equity Gimhae grounds that the Trade and Industry Bureau registration of Qin and investment firms and Xinming, Zhang Yang, Feng Xiaolin, the seven party signed the "Shanxi Jinhai Energy Limited Equity Transfer Agreement" the equity transfer contract price is too low, not the true meaning of that party, the lifting of Gold Company and Qin and energy companies signed the "Cooperation Agreement" Qin and energy companies should be returned Xinming 46% Gimhae company's equity. Shanxi High Court found that the two sides signed the "Swap Agreement" is real, and gives three reasons: First,parfums abercrombie, although Lu mezzanine negate the "Swap Agreement" signed on, but did not apply the protocol on document retrieval identification; two is that this agreement was detained at the Taiyuan Public Security Bureau from Qiu Xiaohong copy copying, Qiu Xiaohong Qin and investment company with a relationship, so assimilated to the evidence from the defendant; Third Qin and investment companies who have paid the relevant case XIE Jiang 70 million yuan, has actually fulfilled its part of the agreement obligations. Due to the High Court against the verdict of Shanxi Lu in the floor to the Supreme People's Court (hereinafter referred to as "the supreme law") filed an appeal. The main reason for the appeal are: verdict to the Bureau filed an equity transfer agreement agreed on the price too low, recognized by the Bureau filed an equity transfer agreement is not true intention of the parties, in violation of the principle of freedom of contract; Court of First Instance not identified "Shanxi Jinhai Energy Limited Equity Transfer Agreement" is invalid, and no discharge or rescind the agreement in the case, the verdict and energy companies Qin Zhang Xinming 46% return of the company's equity Gimhae no factual and legal basis. Gimhae company five years ago, has handled the equity transfer of the change of business registration, modify the company's articles of association, Qin and investment firms exercising shareholder rights have been more than five years, and the company invested heavily in Gimhae, including on behalf of the company to pay 112 million Gimhae dollar price of mining rights. According to Ji Jing Wu Jieshao, in September 2011, the Supreme Court accepted the case. The parties submitted to the court more than 30 copies of new evidence, the supreme law hearing in writing mode for the second trial of this case, did not give the parties the opportunity to debate. Qin and investment company has five separate occasions requesting the court hearing the case, but the Supreme Court did not explain the reasons trial. October 23, 2012, by the Supreme Court pursuant to a Third Party signed the "Supplemental Agreement" judgment, finds the case of equity transfer price is low, and accordingly finds Xinming not made the corresponding benefits, thus ruling lifting Bullion Company and Qin and energy companies signed the "Cooperation Agreement", the verdict Qin Zhang Xinming 46% and investment return Daning Coal Mine stake. "This case is beyond the civil law upheld the trial period more than three times, even more difficult to understand is that in more than a month before the court issued the September 3, 2012, Zhang Xinming already know the verdict, He even told Lu through intermediaries second instance verdict in the floor and judgment time afterwards is really the case, Zhang Xinming said no dummy. "Ji Jing Wu said. The verdict in the floor so that Lu unacceptable because during the second trial, and Lu Qin and investment firms in the court building had submitted 23 new evidence in order to prove that "equity swap and debt restructuring agreement" is false, involved in the equity transfer price is not low. But the new evidence, the court of second instance just organize parties check whether the original, do not allow the parties to these new evidence is valid, whether the probative force and the probative force of the size of questioning and debate. Only copies of key evidence appears in Ji Jingwu Zhang Xinming recaptured through the national public power five years ago and go through the transfer of industrial and commercial registration of the shares, and thus the interests of billions of dollars in profit, such a judgment, how it is difficult to make and justice together. Xinming Since 2003 the company's investment in Gimhae only 18 million yuan, corresponding to 46% of the equity investment is only 13.8 million yuan. September 2007 Xinming, Zhang Yang, Feng Xiaolin Gimhae company will hold its 46% equity interest transferred to Qin and investment companies, and investment companies have received 310 million yuan Qin equity transfer, earned more than 22 times a second trial nevertheless finds Xinming in cooperation "has not been a corresponding benefit." Upheld Qin and investment companies will have invested five years of operation, the sharp appreciation of the options have been returned to the 46% equity interest Xinming, Zhang Xinming profit 4.6 billion,abercrombie & fitch soldes, apparently unable to believe that a second trial is fair and just. For Xinming, Zhang Yang, Feng Xiaolin five years ago,hollister pas chere, the company will hold its 46% equity interest Gimhae transferred to Qin and investment companies, and later coal resources boom, Gimhae equity appreciation, Xinming prosecution request to terminate the contract, return of equity, Ji Jing Wu think "This is clearly a breach of good faith." Ji Jing Wu said that freedom of contract is the basic principle of commodity economy, the parties have the right to freedom of contract. Now instead of the planned economy, and the contract price as long as the State does not violate the provisions of the mandatory, the court has no right to intervene. Shanxi Province Higher People's Court and the Supreme People's Court are Qin Zhang Xinming and investment companies and other seven parties signed the "Equity Transfer Agreement" in the price and the market price does not match the grounds, finds that the equity transfer agreement is not true intention of the parties, the parties entered into an equity transfer agreement ignored. If all of this judgment per capita as an example,abercombi, a few years ago by the contract price is low, the request to terminate the contract,collection abercrombie, which will undoubtedly result in litigation disaster. Leaving Ji Jing Wu lawyers understand is upheld creating a copy of the certificate as a valid certificate of evidence precedent. "Equity swap and debt restructuring agreement" is the first instance, the plaintiff sued the key evidence, but only copies and not originals. Evidence holder Qiu Xiaohong four months before the plaintiff sued the Public Security Bureau in Taiyuan interrogation record has been acknowledged in the agreement, "Lu in the floor," the signature is her way through the clip counterfeit copy. Court of First Instance has found a copy of the agreement is real and effective. Upheld lift "equity swap and debt restructuring agreement", in fact, finds that the copy of the real and effective. In addition, the industry and energy companies Qin company and signed "cooperation agreement" is a real and effective Why not make a second-instance court found  In the Qin and energy companies has fully complied with "cooperation agreement" all the obligations stipulated five years after the release of the second-instance court agreement, Ji Jing Wu think it opens up the breach to terminate the contract without precedent. Qin and investment companies and Xinming, Zhang Yang, Feng Xiaolin, the seven party signed the "Shanxi Jinhai Energy Limited Equity Transfer Agreement" has been set up If the establishment is valid  If you are already effectively fulfill  These issues are People's Court equity transfer contract dispute can not be avoided. Xinming recaptured through proceedings in the case five years ago, has been transferred to equity,abercrombie fitch magasin france, access to dozens of hundreds of billions of interests, victory. But the concept is still the case regardless of the legal facts, the applicable law, the place has a lot to think about. Court of second instance avoid these problems, the parties at the Trade and Industry Bureau registration of the share transfer contract blind to ignore, is the losing party questioned the reason for the complaint. 相关的主题文章：       ?mod=space&uid=312688 ?id=33473 ?mod=space&uid=126096 