An always values reputation, without the businessmen of payment in arrears, one day abrupt him discovery cannot buy airline ticket, cannot sit Gao Tie, went up " blacklist of the person that break one's promise " , became " Laolai " . More terrible is, still be informed oneself ineffable bore more than yuan of 1400 liability. By December 2017, the businessmen Tang Hai of have no way out (alias) to Zhejiang procuratorate of the city zone below province Hangzhou city applies for law to supervise, mechanism of request procuratorial work lawfully counterappeal.
Recently, via rehear of proposal of procuratorial work office, the court makes rehear adjudicate, cancel first trial should assume more than yuan 1400 to assure jointly about Tang Hai the adjudicative content of responsibility. On June 20, tang Hai sends acknowledgment to believe to procuratorate of the city zone below Hangzhou city, "Finite language causes the great mind that respects inquisitor hard, law supervises the legitimate rights and interests that safeguarded our masses. Law supervises the legitimate rights and interests that safeguarded our masses..
Became suddenly " Laolai " , step forward dimension difficult
Tang Hai is Wuhan the electric and mechanical boss of little famous energy of life. October 2016, he should go to Guangzhou negotiating business, same as usual, he inputs Id date to want to order a piece of airline ticket on the website, however the system jumps out however " cannot buy " . Want to change to sit later Gao Tie, discover the train ticket also does not have a law to buy. The name that customer service answer weighs him has been included by the court " blacklist of the person that break one's promise " .
Tang Hai is astonied, oneself from business old, take sincere letter seriously all along, never default other debt, how can become " Laolai " . He what come down calmly remembers a year of many one field lawsuit before.
Several years ago, the formal hold Zhejiang that Tanghai once became a shareholder with the technology all and some company the share of 19% , tang Hai undertakes instructor later only, never participate in manage directly. Later, this company manages not to be pooh-poohed, be not returned to tell a court with loan exceed the time limit by the bank. Tang Hai regards this as one of partner of the company, also became defendant along with all the others, receive subpoena.
Tang Haizheng goes abroad in preparation at that time negotiate business, feel this company is finite liability company again, should concern with oneself not quite, should not appeal to. Connection way was changed because of him later, the enterprise just also removed, so he did not pay close attention to the thing of lawsuit more.
Think of oneself become " Laolai " perhaps concern with this lawsuit, then, tang Hai is driven go to Hangzhou.
The assurance of an odd the contract let him bear 14 million liability
Because went up " blacklist of the person that break one's promise " , cannot take a plane, cannot sit Gao Tie, motor-car, tang Hai can drive to go to Hangzhou urgently only, 800 kilometers left two days fully.
Handling a case court, he saw the report of the case, does bright: carry on judgment?
And the core evidence of the case, " highest forehead assures a contract " on have " Tang Hai " sign and fingerprint. Accordingly, the court adjudicates he and additionally two partner to assume responsibility of implicative pay off to afore-mentioned debt of this company jointly.
In Tang Hai's memory, oneself assure a contract this too without the autograph, the fund that never also shares this company is run, why this company goes broke, endowment not pay a debt in kind or by labour, did debt fall " guarantor " on Tang Hai's body?
Procuratorate proposal rehear, forensic amend a judgment
Tang Hai applies for rehear anxiously to ranking court, however, give new evidence because of be not being carried, rehear applies for out of court.
And here " blacklist of the person that break one's promise " resemble a the Incantation of the Golden hoop, not only the individual goes travel is debatable, more important is business of a few collaboration in was informed Tanghai to become " Laolai " hind reject to continue to cooperate. By December 2017, tang Hai applies for law to supervise to procuratorate of the city zone below Hangzhou city, mechanism of request procuratorial work lawfully counterappeal.
After this courtyard is accepted, undertake inquisitor puts investigation in experience case mainly " highest forehead assures a contract " on autograph. Besides let personal letter of Tang Hai spot sign, still apply for to have judicatory identification to signing on the contract, appraisal opinion shows those who write to the autograph on the contract is not Tang Hai, fingerprint also is not Tang Hai.
To consolidate further evidence, inquisitor is investigated to careful of relevant details of a case, among them memory of a partner, autograph contract that day, tang Hai was not in a company, he also does not know the autograph on the contract is whose autograph to assure.
Accordingly, inquisitor enquires whether Tang Hai can sign a contract to be in personally that day since memory mainly again He De, whether to have corresponding proof. Break up after searching, tang Hai finds a piece of dated train ticket, confirm in this company and bank sign loan agreement that day, he is going up in the train that answers Wuhan from Guangzhou, sign impossibly in Hangzhou " highest forehead assures a contract " .
From this, this courtyard thinks first trial adjudicates cognizance Tang Hai should assume responsibility of implicative pay off to lack corresponding evidence, proposal court lawfully rehear.
Recently, the court makes rehear adjudicate, cancel first trial should assume more than yuan 1400 to assure jointly about Tang Hai the adjudicative content of responsibility.