Zhejiang businessman Lin Sun Zhong went to Xi'an to do business, took the cooperation project from Changan University more than 10 years ago, and invested a lot of money. The project was completed in 2013 and is now known locally as the Xi'an International Shopping Centre (hereinafter referred to as \"Saige Mall \").
In the 2018 National Mall Sales Ranking, listed by an agency, Saige Mall ranks fifth in the country with nearly 7.1 billion yuan in annual sales, and first in the west, ahead of many famous shopping malls in many first-tier cities such as Beijing's Chaoyang Grand Yuecheng.
In recent years, Saigon has reportedly made hundreds of millions of yuan a year in profits, while Lin Sun-chung, a project investor, has not received a penny from the project in more than a decade. The reason is that he has 49% of the shares and should benefit from the project, shaanxi zhele trade co., ltd.(\" zhele company \"), into a shareholder rights dispute, and he also lost control of zhele company.
In 2018, the Supreme People's Court made a civil ruling that the proceeds from the operation of the Saige mall should be delivered to Zhejiang Le Company, and the case of the shareholder's rights and interests dispute was sent back to the Shaanxi Provincial High Court for retrial. That means mr lin is finally expected to reap the benefits of investing in the mall. However, during the retrial, the Xi'an City Intermediate People's Court suddenly ruled to accept the liquidation of Zhejiang Le Company.
Bankruptcy is fast advancing, but in front of the re-examination of the case, around the first shopping mall in western China again fell into a mystery. \"Justice is the best business environment,\" Lin Sun-chung, who has been defending his rights for many years, lamented in a sad interview with reporters at the China Times.
December 12,2019 is an ordinary Thursday and a working day for most Xi'an citizens. In the afternoon, the \"chinese times\" reporter saw in the seig shopping mall, the food and beverage layer is surging, a snack area is hard to find. The mall has a super-long escalator through the first to sixth floors, crowded with customers. Next to the \"Asia First Ladder\" sign, marking the length of the escalator meters, is Asia's first indoor escalator, over Tokyo, Japan.
Today's shopping malls are still a site for development at chang'an university in 2004. Zhejiang music company was registered in that year, the company's original shareholders for Lin Sunzhong and other three people.
At that time, according to the overall plan of the campus of Chang'an University, Chang'an University intends to comprehensively develop the southwest corner of the school headquarters, and adopt the form of bidding to attract investment. After the bidding procedure, Zhejiang Le Company meets the bidding requirements and is identified as the winning bidder.
Between 2008 and 2009, changan university and zhele company signed a related cooperation agreement, initially determined the project plan: the main building on the ground 24 floors, underground 2 floors; skirt 5 floors. The project construction fund accounting is about 100 million yuan.
Lin Sun-chung told the Huaxia Times that after learning of the news, Xi'an Saige Trading Co., Ltd., which operates the Saige Computer City in Xi'an (hereinafter referred to as \"Saige Trading Company \"), found Lin Sun-chung and put forward the idea of taking a stake in the Zhejiang Music Company and building a joint business project between the two sides.
In august 2010, mr. seig bought a 51% stake in zhele. Its shareholders became mr. seig and mr. lin,49%.
In the same month, Saige Trading Company and Lin Sun-chung signed the \"Zhejiang Music Business Follow-up Business Agreement \", which agreed: A and B agreed that Zhejiang Music Company, in accordance with the new management framework, formed a new leading body, responsible for project construction and operation. After the project was completed and put into operation, the two sides agreed to implement the business model of \"separation of ownership and management right \", and jointly entrusted the professional management company of one party of Saige Trading Company to be fully responsible for the planning, investment and future property operation of the project.
In 2011, changan university signed a series of agreements with seig trade company, lin sunzhong, respectively, to clarify the project property rights provided by changan university, which is responsible for the investment and organization of project construction and the right to management and benefit from investment for 20 years. The tripartite agreement, by the Saige trade company concrete organization implements the project construction.
Cooperation to this point is quite smooth. According to lin sun-chung in court, he has since handed over all the company's seal, accounting books, accounts and so on, all assigned to the seig trading company management custody, resulting in he lost control of zhe music company and the project.
In the relevant litigation documents, Lin Sun-chung said that during the period of actual control and exercise of the management right of Zhejiang Le Company, Saige Trading Company, using its controlling shareholder status and without forming a resolution of the effective shareholders'meeting, signed the \"letter of entrustment operation agreement\" on January 3,2013 in the name of Zhejiang Le Company and Xi'an Saige Commercial Operation Management Co., Ltd.(hereinafter referred to as \"Saige Operation Company \"), and handed over the project to Saige Operation Company for a period of 20 years.
According to the company, the company used the project to collect money from businesses including prepayments, decoration deposits, rent and property charges. Mr Lam, as an investor in the project, is not aware of and has mastered the total amount of money that Saige operates to collect such fees, and the direction where Saige operates to collect such fees. Lin Sunzhong did not even grasp the relevant accounts of Zhejiang Le Company.
In mr lin's view, the project has since left the zhe music company, which has been linked to itself, and its earnings have been \"cut off\" by others, all dominated by controlling shareholders.
On december 12, the huaxia times reporter saw at the scene that the seig mall has a unique indoor water landscape, starting from several floors of the mall, down the escalator pouring down, at the bottom of the formation of a direct flow of waterfalls, up to 4 stories.
In the relevant judgment, Saige Operations revealed that after the opening of the Saige International Shopping Center, the total number of employees employed nearly 20,000, business area of nearly 250,000 square meters, more than 1300 businesses, shopping malls and Metro Line 2,3 successfully docked.
According to the initial cooperation plan, Zhejiang Le company should enjoy all the operating income of Saige mall, and then share the shares to Lin Sunzhong dividends. For many years, Lin Sun-chung hasn't reaped a penny from Saige's operations.
In February 2014, the Shaanxi Provincial High Court accepted the case of Lin Sunzhong v. Saige Trading Company, Saige Operating Company and the third party Zhejiang Le Company in the case of liability for damages to shareholders'interests. In the case, Lin Sun-chung, citing his shareholders'interests and the damage to the rights and interests of Zhejiang Music Company, demanded that the above-mentioned \"Agreement on the Operation of Entrustment\" be revoked, and ordered Saige Operations Company to return 60 million yuan of operating income to Zhejiang Music Company (the final figure is based on the judicial audit).
First, the company quickly took Zhejiang Le, Saige Trade and Lin Sun Chung to court, demanding confirmation of the legality of the Agreement. In July of that year, the people's court of Beilin District ruled before the Supreme Court of Shaanxi Province, confirming that the agreement was valid. The judgment then became the basis for the case of the Shaanxi Provincial High Court.
Second, in September of that year, the case is still in the provincial high court trial, Zhejiang Le and Saige operating company signed a supplementary agreement on the entrustment agreement, the most core management fee of the commissioned operation made an agreement - in the first ten years of operation, Saige operating company only need to pay Zhejiang Le company 2 million yuan a year to obtain all the income of the mall.
Lin told the Huaxia Times that he was a shareholder in the company and didn't know that the agreement had been signed between the company and Saige Operations, only to be seen for the first time in the case. \"The supplementary agreement was signed by Saige Trading Company in the name of Zhejiang Music Company using its controlling shareholder status. The supplemental agreement directly swallowed the company's legitimate rights and interests in the project. Lin said.
It is understood that the case has been in Beijing to do a legal expert argumentation, attended by famous jurists Jiang Ping, Cui Jianyuan, Zhao Xudong, Yao Hui, Gan Peizhong and so on. According to the legal opinion issued by the experts, the Agreement of Entrusting Business is not in accordance with the procedural provisions of the articles of association of Zhejiang Music Company, and its contents are also in conflict with the provisions of the Agreement of Subsequent Business, and Saige Trading Company shall be liable for breach of contract by Lin Sun-chung. \"The Agreement on the Assignment of Business and the Supplementary Agreement are the product of malicious collusion by the related parties, and seriously harm the interests of third parties and are seriously unfair, and the courts should find them null and void.\"
The civil order of the Supreme People's Court of 2018 found that Saige Operating Company should deliver the proceeds from the entrusted operation to Zhele Company, and the specific amount of the entrusted operating income was the basic fact that the case should be ascertained. The Supreme People's Court ruled that the original civil judgment of the Shaanxi Provincial High Court was revoked and sent back to the Shaanxi Provincial High Court for retrial.
The case took another turn during the retrial of the Shaanxi Provincial High Court. In August 2019, Zhejiang Le signed a second Supplementary Agreement with Saige Operations, saying that the two parties had agreed to rescind the original Supplementary Agreement on the Entrusted Operation Agreement, and that the Zhejiang Le Company leased the Saige International Shopping Center to Saige Operations Company at a monthly rent of 49 yuan per square meter, plus a parking lot, a total annual rent of 73.03 million yuan, and the revenue of the mall was returned to Saige Operations.
Reporters noticed that whether the previous annual rent of 2 million yuan agreement, or then the annual rent of 73.03 million yuan agreement, the signing of the Zhejiang music company is not Lin Sunzhong. In addition, for the same project, the rent difference between the two parties is 36 times.
Lin, who did not endorse the agreement, insisted that the Supreme People's Court of Shaanxi Province enforce the ruling and conduct a judicial audit of the commissioned revenue.
On September 17,2019, Lin Sun-chung suddenly received the notice of claim declaration, and the court ruled on September 12,2019 to accept the case of Chengdu Longyiyuan Investment Co., Ltd.(hereinafter referred to as \"Longyiyuan Company \") for the bankruptcy liquidation of Zhejiang Le Company, and appointed a law firm as the bankruptcy administrator of Zhejiang Le Company on September 17. The creditors of Zhejiang Le Company should declare their claims to the administrator before October 25,2019.
In zhele company accounts are unknown, the market income has not yet been determined, xi'an city court has identified zhele company insolvent, and the rapid promotion of zhele company bankruptcy liquidation, puzzling.
Sky-eye survey shows that long yiyuan company or with the saig trading company, there is a link: saig business a holding subsidiary of the board of supervisors named pangna, with the same name as long yiyuan company's former liaison pangna. Is Seger Business using affiliated companies to apply for bankruptcy of Zhejiang Le Company, thus hindering judicial audit?
To verify the situation, the reporter called Pune's phone number, the voice prompt is empty. And on the related website and telephone platform, the number is still marked as Longyiyuan company phone.
Recently, the \"Huaxia Times\" reporter repeatedly telephone contact in charge of the bankruptcy case judge Luo Zhenzhong. After the call, the operator first admitted that he was luo zhenzhong, but after hearing the identity of the reporter, he said he was not luo zhenzhong, and quickly hung up the phone. The reporter called again, changed to a female staff member to answer the phone, said luo zhenzhong is not there, and said that just answered the phone is \"justice zhang.\"
Reporters call Saige Trade Company Supervisor Zhao Gui's two phone numbers, cannot be connected. The reporter sent him a text message and was not answered. The reporter also failed to call Saige Trading Company.
Saige operations staff told reporters that they have just come to the company is not aware of the situation, it recommended that reporters send interviews in the form of mail. The reporter sent the mail to the company's business registration mailbox, was returned to say that someone will contact the reporter later. As of the press release, the reporter did not receive a call from the relevant personnel.
In response to previous media reports of the dispute, Saigon Mall posted statements on its website and WeChat public number. The statement said that the seig shopping mall operates independently according to law and has nothing to do with the shareholder dispute of zhele company; the shareholder dispute of zhele company has entered the judicial procedure, and the case is still in trial period,\" it is the responsibility of every citizen, including the media, to respect the judiciary and ensure the people's court to exercise the right of trial independently according to law \".