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法院:依法承担不利后果
Xin Lang Cai Jing· 2025-12-21 17:38
转自:成都日报锦观 虚假陈述、逾期举证 法院:依法承担不利后果 成都日报锦观新闻记者 张伟进 原告凌某持王某名出具的《借条》诉请偿还借款14万元。诉讼中,王某名先是全盘否认借条的真实性, 经法院释明鉴定风险后又改口承认签名,继而再辩称未实际收到款项。法院查明,王某名在借条中故意 不完整或错误填写身份信息,明显属于预设逃债陷阱。 法院认为,王某名对关键证据的前后矛盾陈述,严重违反禁止反言原则,致其所有抗辩的证明力降低。 其故意制造主体争议的行为,构成举证妨碍。在原告已完成初步举证后,因被告的不诚信行为,法院依 据《最高人民法院关于适用〈中华人民共和国民事诉讼法〉的解释》相关规定。最终,法院判决王某名 承担还款责任。 谢某起诉李某要求归还借款22万元。李某抗辩存在"砍头息",实际仅收到200200元。谢某起初坚称无还 款,待李某庭后提交还款凭证后方才认可,且对其陈述矛盾未作合理解释。同时,李某无正当理由未到 庭应诉,且逾期提交还款证据。 法院综合审查认为,谢某关于收款及还款的虚假陈述,影响事实认定,结合交易细节,依法认定存在预 扣利息19800元("砍头息"),故实际出借款项为200200元。李某逾期举证行为增加 ...
在亲戚32万元借条上签名被判连带还钱!法官提醒→
Yang Shi Xin Wen· 2025-12-14 20:49
在借条中,除出借人和借款人外,还经常出现第三人的签名,这些签名往往因为位置、表述和形式不 同,引发第三人承担责任的争议。近日,湖南省宁乡市人民法院审理并宣判了一起民间借贷纠纷。 据悉,周某与王某系朋友关系,王某与李某系亲戚关系,经王某介绍,周某与李某相识。2019年,李某 向周某借款32万元,并出具借条一张,底部记载"担保人王某"。2023年,双方再次结算,李某向周某出 具借据一张,并在借据背面手写还款承诺,底部记载"借款人李某",在该记载处下方另记有"连带担保 人王某"。因借款未还清,周某起诉要求李某偿还借款本息,并要求王某承担连带清偿责任。 从签字形式和正常书写习惯来看,还款承诺上书写和签名顺序应是横向从上到下、从左到右,李某和王 某分别在借款人、连带担保人处签名符合从上到下、从左到右的书写习惯,如果王某签名之间"连带担 保人"五个字不存在,也未注明"见证人",其直接在借款人下方签名,则应认定为共同借款人,周某更 无需要求李某在王某签名处另添加"连带担保人"字样,仅凭李某陈述,不足以认定王某主张其作为见证 人在还款承诺上签名的观点。 综上,法院最终判决李某承担还款责任的同时,判决王某对债务承担连带清偿责任 ...
江西长运股份有限公司关于子公司诉讼进展情况的公告
登录新浪财经APP 搜索【信披】查看更多考评等级 证券代码:600561 证券简称:江西长运 公告编号:临2025-064 江西长运股份有限公司 关于子公司诉讼进展情况的公告 本公司董事会及全体董事保证本公告内容不存在任何虚假记载、误导性陈述或者重大遗漏,并对其内容 的真实性、准确性和完整性承担法律责任。 重要内容提示: ● 是否会对上市公司损益产生负面影响:本诉讼案件后续执行结果尚存在不确定性,暂无法确定诉讼对 公司子公司深圳市华嵘财务信息咨询有限公司本期或期后利润的影响金额。 一、本次诉讼的基本情况 江西长运股份有限公司(以下简称"公司"或"本公司")全资子公司深圳市华嵘财务信息咨询有限公司 (原名深圳市华嵘商业保理有限公司,以下简称"华嵘公司")因相关方拖欠保理款,依法向深圳市福田 区人民法院提起民事诉讼,要求被告方媛立即向华嵘公司支付借款本金人民币1,000万元及利息,和律 师费11万元。 2020年10月22日,华嵘公司收到深圳市福田区人民法院出具的(2020)粤0304民初55722号《受理案件 通知书》。2021年10月29日,华嵘公司收到深圳市福田区人民法院出具的(2020)粤0304民初55 ...
广东明珠集团股份有限公司关于全资子公司诉讼进展之收到广东省梅州市人民检察院《受理通知书》的公告
Core Viewpoint - The announcement details the progress of a lawsuit involving Guangdong Mingzhu Group's wholly-owned subsidiary, Guangdong Mingzhu Group Land Co., Ltd., in a civil lending dispute with Xingning Qisheng Industrial Co., Ltd. [2][8] Group 1: Case Background - The lawsuit arises from a civil lending dispute related to the "Liankang City (Phase 6 and 7)" real estate development project, with a cooperation contract that expired on November 15, 2021 [4] - A debt settlement agreement was signed on March 14, 2022, where Qisheng Industrial made an initial repayment of 15,093,963.98 yuan [4] - Qisheng Industrial failed to meet the repayment obligations, prompting the subsidiary to file a lawsuit on December 2, 2022 [4] Group 2: Financial Details - The total amount involved in the dispute includes a principal of 433,624,807.88 yuan and interest of 91,538,479.86 yuan as of November 28, 2022 [3] - Interest is to be calculated at four times the one-year loan market quotation rate from November 29, 2022, until the debt is settled [3] Group 3: Legal Proceedings - The case has progressed through various legal stages, including a civil judgment and subsequent appeals, with the latest developments indicating that the Guangdong Provincial High People's Court rejected Qisheng Industrial's request for retrial [7][8] - The case is currently in the legal supervision phase, with the outcome of the supervision application by Qisheng Industrial still uncertain [9] Group 4: Impact on the Company - The potential impact of the lawsuit on the company's profits remains indeterminate, and the company will continue to disclose relevant information as required by law [9] - The company emphasizes the importance of investor awareness regarding the risks associated with this legal matter [9]
借网贷转贷赚“利息差”,法院判决无效!
Yang Zi Wan Bao Wang· 2025-10-30 06:49
Group 1 - The court ruled that borrowing funds from financial institutions to lend at a profit is invalid, as it involves using credit funds for unauthorized lending [2] - In a case where a borrower failed to repay a loan sourced from a financial institution, the court mandated the borrower to return the principal amount, emphasizing that the loan agreement was invalid [2] - The court clarified that if a civil legal act is invalid, any property obtained through that act must be returned, and interest claims by the creditor are not supported by law [2] Group 2 - The court dismissed a lawsuit regarding gambling debts, stating that such debts are illegal and not protected by law [3] - Evidence such as witness testimonies and chat records were used to determine that the debt was related to gambling, leading to the rejection of the claim [3] - The court highlighted the issue of individuals attempting to legitimize illegal debts through forged documents and emphasized strict scrutiny during legal proceedings [3]
涉民间借贷纠纷,汇宇制药二股东持股近八成遭冻结!
Shen Zhen Shang Bao· 2025-09-22 14:17
Core Viewpoint - The announcement from Huili Pharmaceutical indicates that a significant portion of shares held by the second-largest shareholder, Huang Qianyi, has been judicially frozen due to a debt contract dispute, but this will not impact the company's control or operations significantly [1][2]. Group 1: Shareholder Information - Huang Qianyi holds 27,219,439 shares, representing 6.426% of the total share capital of Huili Pharmaceutical [2]. - A total of 21,711,132 shares held by Huang have been frozen, accounting for 79.763% of his holdings and 5.125% of the company's total shares [2]. - The freezing of shares is related to a private lending dispute with Jin Zuping, who has sought property preservation through the court [2]. Group 2: Company Performance - For the first half of 2025, Huili Pharmaceutical reported revenue of approximately 453 million yuan, a decrease of 14.86% year-on-year [3]. - The net profit attributable to shareholders was approximately -80.72 million yuan, representing a decline of 223.78% year-on-year, marking the first loss in interim performance since the company went public [3]. - The basic earnings per share were reported as a loss of 0.19 yuan [3]. Group 3: Market Performance - As of September 22, the stock price of Huili Pharmaceutical closed at 24.82 yuan per share, reflecting a 1.06% increase on that day, with a total market capitalization of 10.51 billion yuan [4]. - Since the beginning of 2025, the stock price has increased by 68.39% [4].
云南景谷林业股份有限公司 关于控股子公司涉及诉讼事项暨资产被采取财产保全措施的进展公告
Core Viewpoint - The company is currently facing multiple lawsuits related to private lending disputes involving its subsidiary, which has led to significant financial implications and operational disruptions. Group 1: Lawsuit Details - The lawsuits involve the company's subsidiary, Tangxian Huiyin Wood Industry Co., Ltd., and its former actual controllers, Cui Huijun and Wang Lanchun, as defendants [2][4] - The total amount involved in the lawsuits includes principal of 4.6965 million yuan and corresponding interest, with additional asset preservation measures totaling 10.0672 million yuan [2][5] - The company has received a total of 23 lawsuits related to private lending disputes, amounting to approximately 115.673 million yuan, which represents 121.63% of the company's latest audited net assets attributable to shareholders [3][4] Group 2: Operational Impact - All nine bank accounts of Huiyin Wood Industry have been frozen due to the lawsuits, leading to the suspension of production lines for fiberboard and particleboard [2][3] - The company has reported a further decline in operating performance for the first half of 2025, indicating significant uncertainty regarding its ongoing viability [2] Group 3: Legal and Financial Measures - The company has established a special team to thoroughly investigate the authenticity and completeness of the related borrowings and has engaged specialized litigation lawyers to respond actively [3][19] - The company aims to minimize the impact of these legal matters on its operations and will pursue legal actions to recover debts from responsible parties [19]
ST景谷: 关于控股子公司涉及诉讼事项暨资产被采取财产保全措施的进展公告
Zheng Quan Zhi Xing· 2025-09-02 10:25
Core Viewpoint - The announcement details ongoing litigation involving the company's subsidiary, Huayin Wood Industry Co., Ltd., which has led to asset preservation measures and significant operational disruptions due to frozen bank accounts and halted production lines [1][2][3]. Group 1: Litigation Details - The court has accepted the case, but no hearing has been scheduled yet [1]. - The defendants include Huayin Wood Industry, its former actual controllers Cui Huijun and Wang Lanchun [1]. - The amount involved in the case is approximately 7,394,377 yuan, which includes the principal and corresponding asset preservation measures requested by the plaintiff Li Chunyu [1][3]. Group 2: Financial Impact - Huayin Wood Industry's nine bank accounts have been frozen, and its two production lines for fiberboard and particleboard are currently non-operational, leading to adverse effects on the company's production and sales [2][3]. - The total amount involved in 20 ongoing litigation cases related to private lending is approximately 111.0 million yuan, which represents 116.69% of the company's latest audited net assets attributable to shareholders [2][3]. - The company reported a further decline in operating performance for the first half of 2025, raising concerns about its ongoing viability [2]. Group 3: Company Response - The company has established a special team to verify the authenticity and completeness of the related borrowings and has engaged specialized litigation lawyers to respond actively [3][6]. - Legal measures will be taken to mitigate the impact of these issues on the company and to pursue recovery from responsible parties [3][6]. - The company will continue to monitor the litigation's progress and fulfill its information disclosure obligations as required [6].
云南景谷林业股份有限公司关于控股子公司涉及诉讼事项的公告
Core Viewpoint - The company, Yunnan Jinggu Forestry Co., Ltd., is currently involved in multiple lawsuits related to its subsidiary, Tangxian Huiyin Wood Industry Co., Ltd., which may significantly impact its financial performance and operational capabilities [2][3][15]. Legal Proceedings - The lawsuits are at the stage where the court has accepted the cases but has not yet held hearings [2]. - The defendants include the company’s subsidiary Huiyin Wood, its former actual controllers Cui Huijun and Wang Lanchun, with a total claim amount of approximately 12.58 million yuan, including principal and interest [2][5]. - Huiyin Wood has a total of 15 legal cases involving asset preservation and litigation, with a cumulative claim amount of about 107.72 million yuan, which represents 113.27% of the company's latest audited net assets attributable to shareholders [3]. Financial Impact - The ongoing lawsuits have led to the freezing of all nine bank accounts of Huiyin Wood, resulting in the suspension of its production lines, which is expected to adversely affect the company's operations [3][4]. - The company anticipates a further decline in its operating performance for the first half of 2025, indicating significant uncertainty regarding its ongoing viability [3][4]. Debt and Recovery Efforts - The company has established a special team to verify the authenticity and completeness of the related borrowings and has engaged litigation lawyers to actively respond to the lawsuits [4][16]. - The company aims to minimize the impact of these legal matters on its financial standing and to pursue recovery from responsible parties [4][16]. Summary of Lawsuits - The lawsuits stem from private lending disputes involving the former actual controllers of Huiyin Wood, with claims including: - Case 1: Claim for 500,000 yuan plus interest [7][8]. - Case 2: Claim for 5 million yuan plus interest [9][10]. - Case 3: Claim for 7,076,498 yuan plus interest [11][12][13]. Company’s Response - The company is closely monitoring the situation and has committed to fulfilling its information disclosure obligations as required by regulations [16].
ST景谷: 关于控股子公司资产被采取财产保全措施的公告
Zheng Quan Zhi Xing· 2025-08-13 16:23
Core Viewpoint - Yunnan Jinggu Forestry Co., Ltd. is facing significant legal challenges, with its subsidiary, Tangxian Huiyin Wood Industry Co., Ltd., involved in multiple lawsuits that could impact its financial stability and operations [1][2][8]. Summary by Sections Legal Proceedings - The subsidiary Huiyin Wood Industry has received a civil ruling from the Zhengding County People's Court to freeze bank deposits of 4 million yuan or equivalent assets due to a lawsuit initiated by Gao Aiping and Liu Yan [1][5]. - As of the announcement date, Huiyin Wood Industry is involved in a total of 7 lawsuits, with a cumulative amount of approximately 70.9 million yuan, representing 74.55% of the company's latest audited net assets attributable to shareholders [2][6]. Financial Impact - The company has identified additional outstanding loans totaling approximately 30.89 million yuan from former controlling shareholders, which may increase as creditors pursue claims through litigation [2][7]. - The freezing of assets, including a density board sanding production line, is expected to adversely affect Huiyin Wood Industry's normal production and sales operations [8]. Company Response - The company has established a special task force to verify the authenticity and completeness of the related loans and has engaged litigation lawyers to actively respond to the lawsuits [9]. - The company is committed to protecting its legal rights and will take legal measures to mitigate the impact of these issues on its operations and shareholder interests [9].