For this result, she worked hard 18 months.
From 2065438 to September 2006, this single mother became a "creditor". The debtor's name was Xie, who was the actual person in charge of An Wei Food Circle Hotel Management Co., Ltd. At that time, she borrowed 420,000 yuan from her for four months with an agreed interest of 80,000 yuan.
"Money belongs to parents." Zhang Ying hesitated. Xie "transferred" the company to and promised not to pay it back when it expires, and handled the "Aerospace Snack City" operated by the company.
In this way, Zhang Ying officially became the legal representative of Xi An Wei food circle hotel management co., ltd on 10/0/6+10. At first, she was practical. "After all, she holds a stake in a company."
But soon, she learned that Xie was wanted online for fraud. The company she took over was heavily in debt and involved in many lawsuits.
Subsequently, Xie lost contact and the principal of 420,000 yuan was not settled. Zhang Ying was in a hurry. But what worries her more is that as soon as she became the legal representative of the company, she became an "old lai" and was restricted from spending.
"Losing his wife and losing his soldiers", Zhang Ying thinks that money can be dispensed with, but the name of "legal representative" must be discarded.
18 months later, she finally got what she wanted. Only Xie still lost contact, and the loan of 420,000 yuan has not yet landed.
420,000 yuan loan, in exchange for a "legal representative"
Zhang Ying has repeatedly stressed that she is just a single mother who usually takes care of her children and doesn't want to get herself involved in the stall. Unexpectedly, things have found her.
She said that her parents are old and have some savings, and they want to borrow money to earn interest. At this point, Xie Zheng is in urgent need of "using money" and has a sincere attitude. "No one can see him like that." People familiar with the matter said that when the snack city was renovated, his brother provided decoration materials and had more contact with Xie. Xie expressed the idea of "financing" many times.
Xie said that his nephew (the legal representative of the company) entrusted An Snack Circle Hotel Management Co., Ltd. to operate. He even took out the power of attorney and promised that if he borrowed money, he could temporarily transfer all the shares of the company, and the legal representative could also change them.
"My brother often plays cards, so my parents put the company under my name." Zhang Ying thinks that although she is a "creditor", she just helps her parents.
According to the civil judgment (20 17) No.6531made by the People's Court of Chang 'an District, xi, An Wei Food Circle Hotel Management Co., Ltd. was established on March 6, 2006, and its legal representative is Xie Ke. At the same time, a power of attorney obtained by Red Star News confirmed that the actual operator of the company was Uncle Xie.
It was found through court trial that on September 27, 2006, Xie Xiang borrowed 420,000 yuan, with a loan term of 4 months and agreed interest of 80,000 yuan. In the loan agreement, the total principal and interest of the loan amount is 500,000 yuan.
In the agreement, Xie promised to change the legal representative of An Wei Food Circle Hotel Management Co., Ltd. to. This made brinton relaxed her vigilance. After signing the agreement, according to Xie's prompt, 420,000 yuan will be remitted to the designated account. At the same time, Xie and signed another IOU and signed an equity transfer agreement with.
13 days later, Zhang Ying is no longer a single mother, but the legal representative of a company with a registered capital of1000000 yuan.
Recalling the situation when signing the contract, he told Red Star News, "At that time, Xie said that the company could not move and had to pay rent and so on. About 4 months, you can turn around. I was still hesitating at that time, but my brother said that one of Xie's partners was Zhao Feng from the neighboring village. So, I believe. "
Many frauds were exposed and borrowers were traced.
At the end of 20 16 10, Zhao Feng's words kept Zhang Ying awake. "He said that Xie might be a Lao Lai. Suddenly, I was nervous. I don't know what to do. "
But it was too late, Xie had lost contact with him, the phone could not be dialed, and he was not seen in the snack city. In addition, more news about Xie's fraud in a similar way came.
It is hard to imagine that seven days before signing the contract with himself, Xie mortgaged the snack city to another person in a similar way and borrowed 300 thousand yuan, but did not change the legal representative.
At the same time, the "Fugitive Registration Information Form" provided by the police to several victims showed that Xie borrowed 2.3 million yuan on 20 1654381October 5, with the right to operate a fitness club in weiyang district as collateral, and absconded after the maturity.
Although creditor Ma Jun won the visit, he has not recovered the debt so far. "I drove around looking for someone and finally found it in Ankang. However, after the court wrote the repayment plan, (Xie) lost contact again. I've spent 200 thousand to find him. Keep it. "
Ma Jun told Red Star News that during his debt evasion, Xie defrauded more than 3 million in Ankang in a similar way. A staff member of Hanbin police in Ankang confirmed that Xie was still wanted online for fraud.
Another creditor in Ankang told Red Star News that most of Xie's fraud methods were similar, he opened a new store, found someone to "buy shares", mortgaged his equity, and then disappeared. The creditor said that Xie shirked it several times. After being discovered, he knelt down and even gave me his ID card, but it was useless. Now, I still can't contact him. "
Zhang Ying finally determined that she had been cheated. She said that although she is a legal representative, she has never actually participated in the operation. When she rushed to the snack city to find the landlord, many stall owners also claimed that they had been cheated, and her Zhang Ying was the object of debt collection by those people.
After the incident, the landlord of the snack city said in an interview with Shaanxi TV that he was cheated the worst. "2065438+In September 2005, Xie and signed a lease contract. August 20 16, snack city opened. He owed over 700,000 yuan in rent. Moreover, after returning the business funds to the merchants and returning the prepaid cards to the customers, they put in more than 200,000 ... "
Xie's "partner" Zhao Feng also claimed that he had been cheated. He told me that at 20 15, he was idle and went to run Didi. "Xie to package the car for two days, to see if there is a suitable hotel to run. So, (we) met. Later, he took a fancy to the snack city, and it happened to be near my home, so I invested 300 thousand. "
Zhao Feng bluntly said that he didn't know how to operate, and it was all thanks. "I went on the opening day and it was very popular."
But it was not until Xie ran away that Zhao Feng realized that he had been cheated. "Someone told me before that Xie is a liar, but I don't believe it. Who would have thought that he was cheated at home. "
Before running, Xie called Zhao Feng and said, "I can't do it anymore. I'll pay you back when I'm done. " But until now, there is no news of Xie.
As soon as he became a legal representative, he became an old lai and was restricted from spending.
Xie ran away, and "legal representative" Zhang Ying was on Lao Lai's list.
On April 20 1717, the People's Court of Chang 'an District of Xi City issued an "Execution Decision", which included Zhang Ying in the list of persons subjected to execution due to dishonesty.
Zhang Ying said that she was just a single mother and knew nothing about the management company. But now, after she became the legal representative of the company, she has become "Lao Lai".
Zhang Ying's world was changed overnight.
This "Execution Decision" shows that a tenant in the snack city stalls sued Xi An Wei Food Circle Hotel Management Co., Ltd. and its legal representative Zhang Ying for a deposit of 1 1000 yuan and a penalty of 1000 yuan, and won the case, but Zhang Ying failed to fulfill his repayment obligations.
As a result, she was punished by credit. At one time, her bank card was frozen, which greatly affected her life. Life is full of debt collection, litigation and fear. She has no sense of security, and when she walks, she will inadvertently scan the surrounding environment. When you speak, you will occasionally lower your voice and look around.
She took out six mobile phones from her backpack and put them on the table one by one. "You see, I changed a few mobile phones? I have to. " But her phone is difficult to dial, either turned off or out of service.
She knows that as long as she doesn't step down from the position of "legal representative", she will have no peace.
A number of deceived victims told Red Star News, "He is a liar and an old lai. He cheated everywhere for so many years. Why? "
After failing to find Xie, she took her nephew to court. She appealed to cancel the previous equity transfer agreement with Xie Ke and others, and changed the name of the legal representative. Zhang Ying wants to get rid of the burden of "legal representative". "Even if I can't get my parents' money back, even if they say I'm unfilial, I won't be the legal representative. "
Xie Ke argued that Xi An Wei Food Circle Hotel Management Co., Ltd. was legally established, and the agreement involved was also an expression of the true meaning of both parties and should be legal and valid. The debts incurred after the transfer of the company cannot be used as the reason for the defendant's fraud.
In the end, the court held that when Zhang Ying signed the contract, there were obvious defects in his understanding of important matters related to the legal effect of the contract, which could not achieve his purpose of concluding the contract. In addition, Xi An Wei Food Circle Hotel Management Co., Ltd. was heavily in debt before the transfer, involving many civil cases. Xie Ke intentionally concealed the truth subjectively, and used fraudulent means to make Zhang Ying sign the equity transfer agreement against his true intention.
Therefore, from 2065438 to September 25th, 2007, the court ruled that the equity transfer agreement signed by both parties was invalid, and Xie Ke needed to assist Zhang Ying to change its legal representative.
The legal representative has changed, but the fraud case has not progressed.
The process of renaming lasted for more than half a year. I felt, "I was thanked and cheated."
At the end of last year, Zhang Ying filed an application for enforcement with the People's Court of Chang 'an District, Xi, and again requested to rename the legal representative of the company.
A few days ago, the "baggage" was finally unloaded. It was no longer "Manager Zhang", but the mother of a child and the daughters of two old people.
But Xie is still at large. Although his nephew Xie Ke's telephone number can be dialed, he denied his identity.
In fact, on May 8, 2007, 2065438, the case of "Xie Fraud" was put on file. In the column of cause of action, the National Civil Aerospace Industry Base Branch of Xi Public Security Bureau wrote, "Our bureau believes that there are criminal facts and it is necessary to investigate the criminal responsibility of the criminal suspect."
But as of now, the case has not progressed. No one answered the phone of the police handling the case.
Red Star News didn't see any logo in the registered place of An Wei Food Circle Hotel Management Co., Ltd. The original "Aerospace Snack City" has long been renamed, but "Xie Falsification" is still being talked about by people around.
Many staff members of the property company where the snack city is located confirmed that Zhang Ying did not actually operate the snack city. At the same time, they all know about Xie's fraud, "no one can be found."
Now, the landlord has rented out the snack city. The person in charge now is a man in his thirties. He told Red Star News that after Xie left, he rented a house from the landlord and renovated it. "After opening, Xie Cai know scam. But he is his and I am mine. "
Now, the snack city is still on the second floor, about 200-300 square meters. Every meal, nine stalls are crowded with people. Everyone gets together, and everything is as usual.
But after this incident, Zhang Ying once felt that her life was ruined.