The "Five Ocean Debt" case was later rumored: Debon Securities recovered 315 million yuan to the third defendant!
Author:Securities daily Time:2022.06.24
Wen | Wu Xiaolu
The "Five Ocean Debt" case was staged. After the "bottom" of Debang Securities compensated 576 million yuan, Chen Zhichang, the actual controller of Wuyang Construction, Daison Accounting Firm (special common partnership) (hereinafter referred to as "Daxin Accounting"), Dagong International Credit Evaluation Co., Ltd. (hereinafter referred to "Dagong International") for recovery. According to the Zhejiang Court, on June 23, the Hangzhou Intermediate People's Court opened a case of Dubang Securities' recovery rights. Photo source: Zhejiang Court's screenshot of Debang Securities told reporters that the compensation amount of this recovery based on Debang Securities has greatly exceeded the share that it should bear. Compensation. Song Yixin, a lawyer of Shanghai Hanlian Law Firm, told the Securities Daily that Debon Securities was put on a reasonable and legal recovery request after being implemented with liability. At the same time, he reminded the "Wuyang debt" case for litigation time (November 11, 2022), and investors who have not yet prosecuted should sue. Debon Securities "pocket" compensation for 576 million yuan to recovery 315 million yuan of five ocean bonds to the three defendants was the first national corporate bond fraud issuance case, which has attracted much attention from the market. The Hangzhou Intermediate People's Court made a first trial judgment on December 31, 2020: Wuyang Construction was qualified for bond issuance with false financial data, constituting illegal and illegal acts of fraud issuance and false statements, and should be liable for compensation for investors' losses. Chen Zhichang, Debang Securities, and Daxin Accountants are liable for compensation, and Dagong International and Jintian City bear joint and bring responsibilities within 10%and 5%. Since then, the Zhejiang Higher People's Court has maintained the original judgment in the second instance. Since the beginning of this year, Hangzhou Intermediate People's Court has issued four announcements of the case of the "Five Ocean Bonds" case. As of March 24, 2022, the case of the case filed for the case was executed in place. Among them, Chen Zhichang performed 150,000 yuan, Debon Securities performed a total of 575.5 million yuan, Daxin Accounting performed 100 million yuan, Dagong International performed 6.4454 million yuan, Jintiancheng City, Jinsi City City The law firm performed 35.941 million yuan, totaling 718.1 billion yuan. The Jintian City Law Firm has fulfilled 5%of the judgment target. Debon Securities believes that after Debon Securities is liable for compensation, the amount of compensation for Debon Securities is greatly exceeded that the share that should bear the compensation (ie 85%/3 = 28.33%). As for its payment beyond their own share, they recovered to other joint responsible persons, that is, about 179 million yuan in compensation from Chen Zhichang, about 57 million yuan from Dagong International, and about 79 million yuan to Daison Accounting Firm, totaling 315 million Yuan. And asked Daxin Accounting Firm to bear the joint responsibility for Chen Zhichang's unable to perform part of the part of 50%. Judging from the calculation method of Debon Securities, it should bear 28.33%of the case, which is 203 million yuan. Its actual performance was 575.5 billion yuan. At present, in addition to the Jintian City Law Firm, Chen Zhichang, Daxin Accounting, and Dagong International's three parties are far lower than the requirements of Debon Securities' complaints. Song Yixin believes that "according to the court's decision, the proportion of compensation for Dagong International and Jinsian City is determined, but the proportion of compensation for the liability between Chen Zhichang, Daxin Accounting and Debon Securities needs to be determined, and it is necessary to pass the court's judgment. It is necessary to consider the payment of the creditors in the bankruptcy reorganization case in Wuyang's bankruptcy reorganization in order to determine the amount of compensation that Debon Securities, Chen Zhizhen, and Daxin Club should bear. "Lawyer believes that Debon Securities has a probability of winning the lawsuit whether it can be implemented by the lawsuit. It is necessary to look at the defendant's economic strength Deheng Shanghai Law Firm partner Chen Bo told the Securities Daily that Debon Securities has its legal basis for the fact that the move of Debon Securities will obtain a judgment of the victory, but whether the judgment can be obtained The actual compensation of the execution and whether the Debon can actually be compensated depends on the economic strength of your defendants. Daxin Accounting official website shows that Daxin Accounting achieved an audit business revenue of more than 1.8 billion yuan in 2020, ranking the eleventh place in the 2020 "Top 100" of the China Certified Public Accountants Association (seventh place in the local area). Dagong International frequently trapped financial fraud cases. In addition to the Wuyang debt case, in April this year, when Dagong International issued a rating report on corporate bonds issued by Shengtong Group from 2016 to 2018, he did not diligently diligently. The total penalty was issued by the administrative penalty decision. The reporter learned from a person familiar with the matter that Daxin Accountant said that the bank deposits are only more than 7 million yuan and some have been frozen by other cases. The accounts receivable of about 30 million yuan can be used for compensation after collection. In the plan, Dagong International reiterated many of his "reality" again, and said that he would raise about 12 million to 15 million yuan in three times for payment. "According to incomplete statistics from relevant listed companies, Daxin's IPO business from June 2021 to the present is as high as 120 million yuan; according to incomplete statistics, Daxin Accountant's annual audit business charges of A -share listed companies in 2021 have reached 210 million yuan Coupled with the annual review service of non -listed companies, the income amount is high (according to the announcement of the listed company, the income of Daxin Accounting in 2020 is more than 1.8 billion yuan). It is not consistent, and Daxin Accounting has never used the above money for the implementation of the Wuyang debt case. "Debon Securities relevant persons believe.
Regarding Dagong International, the above -mentioned insiders said that there are currently nearly 500 follow -up rating customers of Dagong International. Under normal operation, there will still be normal business income."When the parties on June 8 were interviewed, Dagong made it clear that from January 2022 to May 2022, its revenue exceeded 65 million yuan, and the above -mentioned revenue had been used as an alternative and did not use it to the executive court.Pay. "Recommended reading
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