Li Yapeng defeated!
Author:Hubei Daily Time:2022.07.15
The reporter learned on the 14th:
July 6,
Beijing Third Intermediate People's Court
"40 million yuan in debt" to Li Yapeng
The case made a final judgment, the court's judgment,
Reject Li Yapeng and his brother Li Yawei, appeal,
Maintain the original judgment.
Earlier, Li Yapeng and others developed real estate projects in Lijiang and had disputes with Beijing Taihe Youlian Investment Co., Ltd. in December 2015. The case has undergone 6 trial procedures, including a re -review process and a review process of review. Essence
Red Star reporter learned that there were tens of millions of interest in the case except the 40 million yuan principal, and the proxy lawyer of the creditor responded to Red Star News to recently mandatory execution to Li Yapeng and Li Yawei.
Previously reported
Li Yapeng was included in the dishonesty and executed person
According to the previous trial materials of the case, it was found out by the court, and in 2012, Taihe Youlian Company and Li Yapeng held the Lijiang Snow Mountain Investment Co., Ltd. (hereinafter referred to as "Snow Mountain Company"). The two parties cooperated to complete the "Snow Mountain Wenyuan" project. Taihe Youlian Injects 60 million yuan for Sherong, obtaining 10%of the shares of Snow Mountain.
The Corporation promises that the capital injection is only used for the project -related purposes. Without unanimous agreed resolution by the company's directors, it shall not be diverted for other purposes. The two parties also agreed that the project development cycle was 3 years. When the development cycle expired, the Thai and Youlian Company first recovered the agreed fixed equity income of 40 million yuan. Subsequently, Thai and Youlian Company completed the agreed 60 million yuan in four times from January to July 2012.
In April 2015, Li Yapeng and his brother Li Yawei, and Beijing Zhongshu Investment Holding Co., Ltd. (hereinafter referred to as "Zhongshu Company") issued the "Promise Letter" to Taihe Youlian Company. The "Letter Letter" shows that Snow Mountain and the original shareholders (Li Yapeng, Li Yawei, Li Yibing) transferred the equity of shareholders Li Yapeng and Li Yibing to Sunshine Group and Taihe Youlian's expired claim guarantee issues: On the 25th, he paid 40 million yuan in expiry claims. Li Yapeng and Zhongshu Company provided equity guarantee for the debt of the claims with all its equity in Snow Mountain.
Since then, Li Yapeng has not paid related funds. After the campaign was unsuccessful, Taihe Youlian complained Li Yapeng, Li Yawei and Zhongshu Company to the People's Court of Chaoyang District, Beijing, asking him to pay 40 million yuan in arrears and interest. Since then, the first trial of the Chaoyang Court has paid 40 million yuan and interest to the Thai and Youlian Company by Li Yapeng and Li Yawei. Li Yapeng and Li Yawei filed a appeal in March 2018 because they were unwilling to accept the verdict. On March 23, 2018, the Beijing Third Intermediate People's Court sentenced the case in the second instance, rejected Li Yapeng's appeal request, and maintained the original sentence.
On April 9, 2018, Li Yapeng was included in the "dishonesty executor" for failing to fulfill his decision. After the second trial of the case, Li Yapeng and Li Yawei applied to the Beijing Higher People's Court for retrial. The Beijing High Court issued a civil ruling on December 10, 2018 (2018) Jingmin Shenshen No. 4445 to instruct the Beijing Third Intermediate People's Court to re -review the case.
The reporter noticed that according to the China Magistrate Document Network (2019) Beijing 03 Min No. 5 judgment, Li Yapeng is a resident of Hong Kong. In September 2019, the Beijing Third Intermediate People's Court ruled that the original judgment was revoked. This case was returned to the Chaoyang District People's Court of Beijing. During the re -trial stage, Li Yapeng was also removed from the "dishonest of the executor".
On November 25, 2020, the People's Court of Chaoyang District of Beijing opened a trial case. When the court tried the case, Li Yapeng and Zhongshu Company argued that Taihe Youlian Company was auctioned by Snow Mountain and forced Li Yapeng, Li Yawei, and Li Yibing to sign the "Promise Letter". ", The responsibility for the guarantee of 40 million yuan in investment income, in exchange for the promise of Thai and Youlian Company to give up priority purchase, signing the" Promise Book "is not the true expression of Li Yapeng and Zhongshu Company.
Regarding whether Li Yapeng signed the "commitment letter", there was a problem of controversy in the situation of coercion. The court held that the evidence submitted by Li Yapeng was not enough to prove that he had a coercion when he signed, and the court did not determine it.
On March 16, 2021, the People's Court of Chaoyang District of Beijing made a re -trial judgment on the case. Other demands of Thai and Youlian Company rejected.
Source: Red Star News
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