The evidence that provides according to both sides of front courtyard careful reachs the fact of this case, accuser agent expresses following compensatory opinions:
The accused partner made 1.2016 years on May 15 " partner is met resolution " lawful and effective, have legal effectiveness.
The sign in according to the conference and vote circumstance, bencihui views present 5 people, guo Jianfeng opposes a scale for 20% , other 4 people are respectively 10% , accord with company method and company rules completely to be able to be held about partner, the shareholder that represents 2/3 above right to vote revises the provision that company rules, company dissolves through ability, the program perfects content lawful.
In the meantime, in (2017) Shanghai 0113 civilian first court of 4215 civil judgment made on May 15, 2016 to what the accused Jiang Ning refers " partner is met resolution " forensic course checks, affirm what Jiang Ning narrates belong to solid, fall to affirm again again in the case with own peace of the accused Jiang namely, authenticity, lawful sex is beyond question.
2. " partner is met resolution " decide contributive time comes ahead of schedule consistently on May 27, 2016.
Although company rules stipulates contributive deadline is in in April 2024, but partner is met resolution shifts to an earlier date time, and be given out to partner identifying capture " partner urges paragraph book " . Accordingly, what the accused identifies capture with its is contributive have not arrive the reason of counterplea of deadline for performance cannot hold water.
The behavior of 3. the accused violates contributive obligation, belong to abusive partner the behavior of finite responsibility, ought to assume corresponding liability to pay compensation to creditor.
The fact with existing basis and evidence can prove completely, the accused partner was not fulfilled or did not fulfil contributive obligation in the round this firstly; Secondly, the vasting pine company that the accused partner is in exists cannot the debt of pay off, and court because can supply executive terminative ruling book without belongings,had issued.
The place on put together is narrated, according to highest courtyard " company method " the regulation of a certain number of problems (3) the 13rd regulation, accuser asks not contributive partner is right inside not contributive limits debenture Wu cannot the part of pay off assumes additional liability to pay compensation, the initiator of requirement company and not contributive partner bear the litigant request of joint liability, the court ought to give support.
Procuratorial: Wang Junwei
Office of Shanghai Ou Ze's attorney
On June 12, 2018
