Overnight, this fitness club, which has been open for six years, locked the door and "ran away". Ten days ago, the fitness club just held the "Double Twelve" large-scale marketing activity, which attracted more than one million yuan.
The Red Star reporter learned that Wang Yuanjiang, the owner of Orbis Fitness Club, is also one of the founders of Chengdu Leisure Fitness Service Industry Association and serves as the executive vice president of the association. When the association was founded, the first president said in an interview that "(the purpose of the association) is to give consumers a channel for complaints and supervision, and customers no longer need to worry about' running away' after the gym is recharged."
How does the vice president of the association "run away" first? Red Star journalists recently conducted a survey for this purpose.
At present, Orbis Fitness Club has been closed.
① Close the store.
Member: Just recharged 40,000 yuan, and the fitness club "boss ran away"
Ms. Luo was drawn into the rights protection group by her fitness coach. "They said the gym ran away." When we entered the rights protection group, there were already hundreds of people who claimed to be consumers in the group. With more and more people joining the group, we set up Rights Protection Group 2 and Rights Protection Group.
This club named Ou Bisi Fitness (Kuanzhai Lane Store) is located near Chengdu Kuanzhai Lane, less than 200 meters from Exit C of Tonghuimen Station of Metro Line 2, which attracts many consumers due to its convenient transportation. According to incomplete statistics, when the health club closed, there were more than 2,000 members.
Consumer Mr. Huang also has dozens of private classes, plus the annual card, and the loss cost is nearly 20,000 yuan. He remembers very clearly that the closing time of the gym was 65438+ February 26th last year. When he woke up in the morning, he saw the news that the gym was "running away".
Because of his proximity, when he went to the gym, dozens of consumers and fitness instructors were surrounded downstairs, while the door leading to the fitness club on the second floor was locked by a big lock, and sporadic staff members walked back and forth. They shouted at the door, "The boss has run away ..."
↑ rights group chat record
Mr. Huang has not suffered the most. According to a fitness instructor, during the "Double Twelfth" activity last year, they opened two big orders of more than 70,000 yuan.
In the rights protection group, a female consumer who didn't want to be named said that due to the great preferential treatment of the "Double Twelve" gym, she recharged 40,000 yuan in one breath, and with the unfinished classes, there were still more than 60,000 yuan left in her account.
She said that she had been exercising here for two or three years. "I didn't expect a good gym. Why did you run away overnight without any warning? "
Coach: I was owed my salary two months before closing.
"It's not without warning." A fitness coach surnamed Zhang in the fitness club is also in the rights protection group. She is defending her rights because the club owes her two months' salary of 35,000 yuan. She told reporters that as early as two months before closing, the club had already started to default on wages. "The basic salary was 5438+065438+ 10, and it was due on February 20, 65438, but it was still not paid."
According to coach Zhang, on February 22, last year, at 65438, employees talked with their boss Wang Yuanjiang. "He said that he had no money and would not pay (salary) in the future. You can open this store if you want, or you can't open it if you don't want. " Zhang said that they also tried many ways to negotiate with Wang Yuanjiang, but he didn't agree. "If he doesn't agree, we will have to stop working." So on February 25th last year, 12, employees collectively stopped work and closed the store.
↑ Orbis Fitness Club Kuanzhai Lane Store, operating for 6 years.
Zhang said that Orbis Fitness Kuanzhai Lane Store has been open for six years, and she has worked here for four years. However, she said, in fact, the fitness club can continue to open, because in the "Double Eleven" and "Double Twelve", the club has made a strong marketing campaign-buying classes to send classes, and the price of last year's card can be bought for one and a half years. Among them, "Double Eleven" sold more than half a million, and "Double Twelve" sold more than one million.
"But less than 10 days after the' Double Twelve', the boss said that there was no money to pay wages. Where did the money go?" Coach Zhang said that before the activity started, Wang Yuanjiang's son (manager) also discussed with employees how to do a good job in the "Double Twelve" marketing activities, but after more than ten days, he closed the door and left. "Why do you want to sell so many classes when you know you want to close the door? Isn't this an obvious fraud? "
Employees said that not only did they not get paid, but they were also accused by members. They hope that the boss Wang Yuanjiang can take responsibility.
It is understood that the remaining amount in the member account is currently several million. After the incident, the members reported the case to the local Huangwa Street police station for fraud. The fitness club owes its employees about 600,000 yuan in wages. The employees have applied for labor arbitration, but they still haven't been paid. "They applied for enforcement, but he just had no money."
After the clubhouse closed, some employees and consumers said they heard some rumors, saying that before the "Double Twelve" event, Wang Yuanjiang divorced his wife in advance, sold his car, transferred all the houses and restaurants to his wife's name, and filed for bankruptcy. Wang Yuanjiang's son has opened a new gym in chenghua district. "Dad's shop ran away, and my son went to open a shop again. Will they cheat again in this way? " Some consumers have expressed such concerns.
② investigation
As a legal person, orbis company was issued a consumption restriction order.
Red Star News reporter learned from "Tianyancha" that Wang Yuanjiang is the legal representative of Chengdu Orbis Sports Culture Communication Co., Ltd. (hereinafter referred to as "Orbis Company"), which was established on 20 14 with a registered capital of RMB 2 million. At present, the company is in a state of existence. It has three branches, Wuhou, Qingyang and Chenghua, of Chengdu Ou Bisi Sports Culture Communication Co., Ltd., but in the risk warning, the company was suggested as high risk, with three early warnings and 23 external risks.
↑ orbis is listed as a height-limited enterprise.
The reporter saw that in June 5438+1October 65438+February, 2020, due to a dispute over private lending, Xiao Moumou took Ou Bisi Company to court, and the execution target was 29. 147 1 10,000 yuan. Finally, due to the failure to pay the arrears, the legal person Wang Yuanjiang was issued a consumption restriction order by the Jinniu District People's Court in Chengdu. On February 4th, 20021year, chenghua district People's Court held a court session to hear a case about Ou Bisi Company, and the amount of execution bid was 460,000 yuan, which has not been paid yet. Qingyang Branch of Ou Bisi Company (Kuanzhai Lane Store) was also enforced by the court for failing to fulfill its legal obligations on time.
In the past few days, Red Star journalists have visited and investigated.
According to informed sources, Wang Yuanjiang's ex-wife Feng's restaurant is located near Daqing Road. On the afternoon of March 7, the reporter came to the store. A male employee said that the boss is indeed surnamed Feng, but the boss has a good relationship with her husband Wang Yuanjiang. The employees don't know about the divorce. "In addition to Feng coming to the store every day, his husband will come to help every once in a while." According to male employees, this nearly 100 square meters shop is also Feng's.
In this regard, Feng told reporters that the store was rented, not purchased.
Wang Yuanjiang: We are deeply sorry that the company stopped operating.
Red Star News reporter inquired that the legal person Wang Yuanjiang is also one of the founders and executive vice president of Chengdu Leisure Fitness Service Industry Association. According to media reports, in August, 2065438+2006, the association was established at the initiative of the heads of six fitness enterprises in Chengdu.
When talking about the reasons for the establishment of industry associations, the first president Qin Dachuan once said in an interview that "the establishment of third-party industry associations can urge the industry to be self-disciplined. After the normal operation of the association, there are channels for complaints and supervision, and customers no longer have to worry about the gym' running the road' after recharging. "
On March 8, the Red Star journalist contacted Wang Yuanjiang. On the phone, regarding the police investigation, he admitted that after the incident, the public security, procuratorial, legal and other relevant departments were involved in the investigation. "Since you can still get through to me now, it means that I don't have any financial problems." At present, the company is closed, and he deeply apologizes to members and employees for this kind of thing.
Wang Yuanjiang said that he personally lost more than 7 million yuan from the gym. "So the company finally closed down, and the biggest victim must be me." He said that 20 14 began to invest in the gym. At the height of its popularity, Orbis opened five gyms in Chengdu, but for various reasons, the other four were closed or transferred in 20 19 and 2020, leaving only one store in Kuanzhai Lane.
= Wang Yuanjiang
"It was difficult to operate last year, and I hope employees can tide over the difficulties together."
Why is Orbis Fitness Club (Kuanzhai Lane Store) closed now? He said that last year, due to the epidemic, the gym was closed from June 5438 to April, but he paid the employees' wages, social security and rent as usual. On June 5438+065438+ 10, the epidemic situation showed signs again, which had a great impact on the company and caused operational difficulties. He sold his car last September in order to pay the rent.
At the end of last year, some employees didn't get paid. "After work on February 25th, 65438, employees put a big lock on the gate and closed it." Wang Yuanjiang said that he also reported the police at that time. After entering the door, I found that the office monitoring was destroyed and the documents were stolen, so I could not continue to operate.
He stressed, "I didn't take the initiative to close the door. I was communicating with employees three days ago, hoping that employees could tide over the difficulties with the company, but some employees didn't want to, so they locked the door and forced me to see if I could get the money. But I was really in trouble, so I stopped my business. "
At the same time, he said that before closing the door, he also went to the owners of all the large chain gyms in Chengdu. "They all say that the rent is too high to afford."
Why do you do activities before closing the door and absorb more than 6.5438 million yuan in membership fees? Wang Yuanjiang said, first of all, the company never does activities, only once a year in the "Double Twelve". Secondly, the company really lacks funds, including his loan from the bank, just to keep the gym running; Thirdly, employees who do activities can also make money. "Every year from 65438 to February, I earn a' high salary'." However, Wang Yuanjiang also admitted, "In fact, this more than one million can't solve the problem. If it can be solved, that's right. "
Regarding where the 6.5438+0 million yuan was used, Wang Yuanjiang said that the company had some liabilities in its early operation, so it paid off this part of the money, paid off the rent and paid off some employees' salaries.
Under the building, there are still signs indicating the health club.
"Divorce has nothing to do with the company and has not filed for bankruptcy."
In addition, regarding the rumors of divorce and property transfer, Wang Yuanjiang said that he did divorce his wife about three months before closing the store, and the time was September 18, 2020. He stressed that the reason for the divorce had nothing to do with private property, because he borrowed money from his wife's relatives to invest in the gym and failed to repay it, so he had an unpleasant quarrel with his wife and finally divorced. He said: "I am a limited liability company and a paid-in system. Even if I have hundreds of millions of assets, the company's debt has nothing to do with me, and there is no need to divorce. "
He said that after the divorce, the marital property was clearly divided. They have a Mercedes-Benz and a house of 100 square meters in jinniu district. "The house is hers, but this house was mortgaged and made a second mortgage. She still has a loan of 1 more than ten thousand in her name. Mercedes-Benz was bought in full and belongs to me. Finally, in order to maintain the operation of the gym, the car sold 520,000 and I invested 500,000. "
And why does he often go to his ex-wife's shop after divorce? He said, "I just went to the store to get something to eat. I am alone now. It's hard for her to see me. It's impossible not to let me eat. If they can't win, I will help them. After all, they have lived together for more than 20 years. If they can't get a divorce, they will regard me as an enemy. "
Regarding the statement that the company filed for bankruptcy before the gym closed, Wang Yuanjiang said "never applied". In this regard, the reporter also verified from the jinniu district court.
Wang Yuanjiang said that as far as he knows, there are 40-50 cases against him now, and he suggested that members exercise their rights and take legal channels to solve the money. "But I can't sue because there is no executable property under my name. The worst result is that I limit the height. "
He said that after this incident, he also lost his head overnight. "My ex-wife and son hate me, and I brought them into the abyss. I wanted to kill myself, but my friends comforted me. Suicide is suicide because of fear of sin. " He said, "I will bear all the responsibilities I should bear, including sentencing."
③ Police
Funds exceeding1100,000 yuan will not be filed if the direction is clear.
Is Wang Yuanjiang suspected of fraud? In this regard, the Red Star journalist learned from the Huangwa Street Police Station in Qingyang District that the case has been handed over to the Economic Investigation Brigade of Qingyang District Public Security Bureau for investigation. Whether it is suspected of economic crimes or not, the whistleblower will be notified.
On March 1 1, the reporter learned from the police department in charge of the case of the Economic Investigation Brigade of Qingyang District Public Security Bureau that after the incident, the public security organs conducted a detailed investigation of the case in a responsible manner. The public security organs investigated Wang Yuanjiang's consumption records and gym operation since 20 19. "First of all, this person didn't leave the store here, but opened it for many years, and the lease with the landlord was signed after closing time and has been operating."
The police said that at that time, the police also expressed doubts about his behavior of charging 1 more than 10,000 yuan from consumers in the last two or three months. "He told the police that the money was used to pay off debts." Finally, the police also found the whereabouts of funds of 6.5438+0 million yuan. "The direction of funds is very clear. Before the money was collected centrally, three people lent him money for various production and operation expenses (of the company), including rent, water and electricity, employee salaries, etc. Then he used the money to repay these three people. " The case handler said, "If the money is used for production and operation, it is a normal business behavior. If it is used for profligacy and criminal behavior, it is a crime. Moreover, economic crimes must be subjective and intentional. "
Huangwajie police station
In the early stage of "running the road", Wang Yuanjiang also interviewed the heads of three gyms (other brands), hoping that they could continue to operate, but for various reasons, the other party was unwilling to invest, and the police also verified these heads.
The police said that, therefore, the police combined the above situation and evidence to judge that he had subjective intention, so he made a decision not to file a case.
As for Wang Yuanjiang, he has divorced his wife, and the house once under the name of husband and wife also belongs to his ex-wife. The case handler said: "The court will make a judgment." He suggested that consumers sue and recover losses through civil litigation.
④ Lawyer
Members can bring a civil lawsuit to the court.
Then, ten days before the fitness club "ran away", it was "sucking money" for millions. Is it possible that it was a deliberate fund-raising flight? Lawyer Chen Fengfeng, senior partner and deputy director of Sichuan Ying Ji Law Firm, said that according to the actual situation of this incident, if Orbis Fitness Club has provided services to its members in accordance with the contract in recent years, and the escape is due to objective reasons such as poor management, then the problems of its members are civil disputes, and the best way for members to defend their rights is to file a lawsuit with the court.
Lawyer Zhu Jieping, the founding partner of Taikun Lawyer, said that in this case, consumers can file a civil lawsuit and ask the gym to refund the relevant fees. If the operator is willing to mediate, he may also ask the relevant mediation organization to mediate.
However, lawyer Chen Fengfeng also said that ten days before the gym "ran", it was still doing activities, attracting millions of yuan. The public security organ should intervene in the investigation and investigate whether the company has the purpose of intentionally raising funds and absconding. If the above situation exists, it can be characterized as contract fraud. This is a criminal act that the public security organs put on record for investigation. Therefore, it is very important for public security organs to investigate the process of absorbing funds before closing stores (running away).
Regarding the theory that limited liability companies undertake "limited liability", Zhu Jieping said that it is the company that signs contracts with consumers, not the legal representative of the company, Wang Yuanjiang, and the company is a limited liability company. If the legal representative, Wang Yuanjiang, has actually contributed the subscribed shares, the shareholders of the limited liability company shall be liable only to the extent of the contribution, so the legal person, Wang Yuanjiang, is not required to pay off the debts of the company with the property under his name. In this context, whether the debt can be paid off depends on whether the company still has executable property. If there are high-value properties, it is still possible for consumers to get the execution money after winning the case.
Prepaid consumption should not be recharged in large quantities.
Was it suspected that the legal person divorced his wife before closing the store? Lawyer Zhu Jieping said that if the equity subscribed by Wang Yuanjiang in a limited liability company running a gym has been paid in full, even if the company is in debt, he does not need to repay it with his own property, so whether the legal representative is divorced or not does not constitute a property transfer.
If Wang Yuanjiang fails to pay the registered capital or withdraws his capital contribution after payment, the shareholders shall be liable to the extent of the subscribed capital contribution. However, whether there is a problem of transferring property under the guise of divorce depends on whether the debts are joint debts of husband and wife. This is the premise. If you do have debts with * * * and transfer the property to the woman through divorce, it is a malicious transfer of property.
Finally, lawyer Chen Fengfeng said that at present, overnight absconding behaviors such as barbershops, gyms and early education classes occur from time to time, and functional departments should actively act in advance and strengthen supervision.
At the same time, it also reminds consumers to consume rationally. Speaking of prepaid consumption, don't recharge a lot. It's best to check whether the merchant has filed a record in the commercial department first, and understand the merchant, credit status, deposit compliance and other related matters.
Red Star News reporter Zhang Ling's photo report
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