Buildings 32 and 33 of the Songpingshan living area involved.
The status quo of Danbang Technology Headquarters Building.
Another dispute case brought the former listed company Shenzhen Danbang Technology Co., Ltd. 002618 formerly known as "Danbang Technology") back to the front of the stage.
Ms. Mao of Shenzhen reported to the reporter of Nandu Bay Finance Society that Mr. Liu, the former chairman of Danbang Technology, and Mr. Xie, the executive of the company, were suspected of "renting more than one room", and after they had paid a total of 25 million yuan in rent and loans, they did not return the loans and did not hand over the building when they expired, and Mr. Gu, the peer who pulled her partner, may also be involved. "It's a well-choreographed show. Ms. Mao thinks.
In November 2022, Ms. Mao has taken the parties Liu, Mr. Xie and Danbang Technology to court. In March this year, he also reported to the public security authorities in the name of contract fraud. As of now, Ms. Mao has not taken possession of the property and has not received a refund.
On December 18, the reporter of Nandu Bay Finance Society successively interviewed Mr. Xie, an executive of Danbang Technology, and Mr. Gu, a companion of Ms. Mao, in an attempt to uncover the truth of the incident from multiple perspectives.
Party. Pay 25 million to rent two buildings.
If the property is not handed over when it expires, the loan will not be repaid
In a conversation with a reporter from the Bay Finance Agency, Ms. Mao regretted more than once that she failed to pay attention to the details of the original contract.
Ms. Mao told the reporter of the Bay Finance Society that around 2021, the charter business in Shenzhen was booming. In early December of the same year, Mr. Gu, an apartment contractor known to Ms. Mao, approached her and asked if she would be willing to partner in contracting two buildings of the listed company Danbang Technology.
According to Ms. Mao's recollection, "Mr. Gu said that one of his fellow countrymen was an intermediary and knew Liu, the chairman of Danbang Technology, and the business sounded very reliable." In addition, the above two buildings are located in the living area of Songpingshan, Shenzhen, with a good geographical location, after comprehensive consideration, Ms. Mao and Mr. Gu went to Danbang Technology together to talk with the chairman of the company, Liu, etc.
The normal charter price is about 4.5 million yuan per year. We only talked once or twice, and they said that 20 million yuan was the rent for five years, and I paid for 'six years', and they readily agreed. In this way, the transaction price is nearly 30% lower than the normal price, and if it is rented out, Ms. Mao roughly estimates that the annual revenue can reach about 5 million.
However, the premise of low rent is that Danbang Technology requires it to pay off the rent of 20 million yuan for 6 years at one time, and also borrows 5 million yuan to Danbang Technology to supplement working capital. It's just that these conditions are not worth mentioning in the case of low rents, high returns, and the endorsement of listed companies. On December 17, 2021, Ms. Mao discussed with Mr. Gu and decided to sign a 10-year Housing Lease Contract and a Loan Contract with Danbang Technology in the name of Mr. Gu's Guoxinye Company (pseudonym).
However, Ms. Mao said that she and Mr. Gu did not implement the relevant cooperation agreement, and after signing the contract, Mr. Gu lost contact and the deposit was not paid for a long time. It was not until January 20, 2022, that Ms. Mao was worried about the invalidation of the contract, so she paid a deposit of 1 million yuan and an advance rent of 4 million yuan to Mr. Xie, an executive of Danbang Technology.
Ms. Mao said that as soon as she paid, Mr. Gu appeared again. "Before I went, I agreed with Lao Gu that one party would invest half of the shares, and each would account for 50% of the equity. But after the payment, Lao Gu changed his mind and asked for 60% of the shares. "In the end, the two sides did not come to an agreement.
The next day, Ms. Mao re-signed the Housing Lease Contract with Danbang Technology in the name of Zhongzhengrong Company (pseudonym), a joint venture with a friend, which indicated that the contract with Guoxinye Company was invalidAt the same time, a new "loan contract" is signed, and the loan period is agreed to be three months.
As for why Mr. Xie's account was taken, it can be seen in the two "Entrusted Payment Letters" issued by Danbang Technology to Zhongzhengrong Company on January 21, the reason is that "the company's account has been frozen by the court for a long time and cannot pay for the goods, in order to ensure the company's operation and capital liquidity".
Mr. Gu withdrew, but the cooperation continued. Ms. Mao said that she successively transferred 16 million yuan to Mr. Xie, but encountered the epidemic in February of that year, and the capital turnover was not effective. "Fearing a default, a supplementary agreement was signed. According to the "Supplementary Agreement", Ms. Mao's payment time was postponed to April 26, and correspondingly, the delivery time of Danbang Technology was also postponed from the end of April to the end of June. Later, Ms. Mao raised 9 million yuan from a friend, successfully paid off the final payment, and got the "receipt" issued by Danbang Technology on April 26.
However, in May of that year, Ms. Mao discovered that the two buildings she had rented were undergoing extensive renovations. At the end of May, Danbang Technology announced that it was about to be delisted. In June, the then chairman Liu was dismissed. The tenants of the two buildings, which were supposed to be delivered on June 30, have not moved out, and their interiors are being renovated as usual and rented as usual, and they cannot be delivered.
Ms. Mao also found that in the previous "Loan Contract", Danbang Technology had used two residences as guarantees, but she inquired in the Shenzhen Real Estate Information System and learned that the two residences had been mortgaged in April 2021 and were seized by the Shenzhen Intermediate People's Court in February 2022.
In addition, Ms. Mao learned from people familiar with the matter that Danbang Technology's contract with the original tenant was in existence when she signed the contract, and it renewed the contract with the original tenant for another 10 years in 2022. In this way, Ms. Mao decided that Danbang Technology had "one room for more rent", and she had encountered fraud.
She also pointed out that Mr. Gu temporarily changed his mind and made unreasonable demands, and after quitting, he acted as a matchmaker but did not ask for a penny of commission, which made her suspect that Mr. Gu's purpose was to lure her into the game.
Copartner. Participating in the "game" is slander.
Ms. Mao bypassed him and signed the contract unilaterally
From Ms. Mao's point of view, Mr. Gu is undoubtedly "inviting you into the urn", what is Mr. Gu's explanation for this?On December 18, a reporter from Nandu Bay Finance Society dialed his ** and learned another version of the incident from his story.
Slurification!Now I'm going to sue her. Speaking of Ms. Mao's accusation of participating in the "game", Mr. Gu seemed a little excited in **.
Mr. Gu said that he and Ms. Mao had known each other as early as 2020, and later Ms. Mao asked him to cooperate, but several businesses were not completed. "There is a car dealership opposite my apartment, and at the end of 2022, the car dealership introduced an agent and recommended the Danbang Technology project to me. This project happened to be near Ms. Mao's (chartered) apartment, I didn't know, but she said it could be done. Mr. Gu said that they first went to talk with the agent, but then Ms. Mao asked the agent to leave it alone, not wanting to pay the agent, and the two of them went to talk about the project later. "I don't know that agent well. Mr. Gu said.
Regarding the dispute over equity distribution, Mr. Gu told the reporter of Wancai Society that the "rules of the game" are all set by Ms. Mao, "She said that whoever is in business will account for 10% of the dry shares." There was no negotiation later, and she left without making a sound. "In Mr. Gu's place, the main actor who doesn't answer the ** and doesn't reply to the message has become Ms. Mao.
It is worth noting that when Ms. Tou**, a reporter from Wancai Society, made the first payment on January 20, 2022, Mr. Gu was very surprised, "Did she pay on that day?"”
Immediately afterwards, Mr. Gu told reporters, "Two or three days after signing the contract, Danbang asked me to pay." Until January 19th, I sent her a message and said, 'Sister, what do you say, people are urging for a deposit', she replied to me, 'You can do it', I asked her, 'Do it or how', and there was no reply until January 20th. ”
Mr. Gu said that on January 20, he sent several long voice messages in a row, and finally sent a message saying, "If you don't do it, I'll do it myself," but Ms. Mao still did not respond.
Mr. Gu also admitted to the reporter of the Bay Finance Society that he really did not have the money to do this project alone, and on the same day, he sent the contract to another person with investment intentions, "The other party said that Danbang Technology has too many foreign debts and dare not do it." After that, I sent the contract back (Danbang Technology) to destroy it. I don't even know how she (Ms. Mao) secretly signed the contract. ”
Mr. Gu said, "This year, after investigating and beating ** to understand the situation, I also went to make a record, only to know that she signed the contract." However, as for the relevant evidence of the above content, Mr. Gu said that it is inconvenient to send it directly online, and hopes to communicate offline.
Lessor. There is an agreement in the signed contract.
If you can't pay the rent, you should borrow money
What does the other party directly involved in the incident say about this?On the same day, a reporter from Nandu Bay Finance Agency contacted Mr. Xie, an executive of Danbang Technology, who had previously handled the matter, through **.
Mr. Xie said that he was still the general manager of the company at the time of the signing, but he did not participate in the negotiation process of the lease, "At first, they negotiated with Liu, and then asked me to handle it, and I was present when the contract was signed." ”
At that time, the lease to someone else had not expired, and there were a few months left, but it could be terminated early from the contract. She knew it. Mr. Xie said that after signing the contract, Liu promised to let the original tenant return to Ms. Mao in advance.
The annual rent of the original tenant is more than 5 million, and the ** rent to Ms. Mao is more than 3 million. As for why he gave such a low **, Mr. Xie said frankly, "At that time, Danbang needed money. ”
Mr. Xie explained that on the one hand, Danbang had repeatedly sent letters asking the original tenant to return the lease, but the original tenant had also lent money to Danbang, and the other party said that it was okay to quit the rent, and the money should be returned first, so Danbang Technology could not force people to evict people.
On the other hand, Mr. Xie told the reporter of the Bay Finance Society that because Liu "engaged" the company from the market, the company's shareholders asked to remove him and not allow him to participate in the operation and management, and the decision he made was reconsidered by the shareholders, and the final decision was to lease the original tenant.
Mr. Xie said that in the consideration of the new shareholders, the low ** is only part of the reason, the main reason is that the "supplementary agreement" between Ms. Mao and Danbang has agreed that if the building cannot be handed over when due, the advance payment of 20 million yuan can be converted into a loan.
According to the supplementary agreement, if Danbang Technology is unable to deliver the property as scheduled before June 30, it needs to return the 25 million yuan that Zhongzhengrong Company has prepaid before July 31, and compensate for 3 months' rent according to the terms of the main contract breach of contract, and 25 million yuan will be calculated on a daily basis. If you still can't repay 25 million yuan or deliver the house before July 31, the interest will be automatically converted to 3% monthly interest, which will be paid before the 5th of each month.
In order to avoid trouble, the new shareholder only had to fulfill the default obligation of the loan, for which the new shareholder also sent a "confirmation letter" to Ms. Mao in August 2022 to confirm the creditor's relationship, but due to financial problems, the relevant interest has not been paid so far.
We must admit this money, after all, it is real, no matter which ** East will admit it, but the new shareholder is unwilling to give her the building (Ms. Mao). Mr. Xie said that there was no bureau, no fraud, they and Gu did not know each other at all, and there was no so-called "one room with multiple rents".
Whether it was the rental situation of the property at that time, or the mortgage status of the two secured residences in the "Loan Contract", Ms. Mao was aware. told her in advance that the two suites could not be mortgaged, and she said that she only needed to write the contract, and there was no need to actually go through the mortgage procedures. Mr. Xie said.
Since she did not hand over the house to Ms. Mao, where did the 25 million she paid go?Mr. Xie said that they were used to pay the company's utility bills, employee salaries and some payments due, "and each one was very clear." I didn't use this account myself at all, I didn't have a penny on it, and I didn't embezzle anything. He said that the investigation had already investigated it.
Mr. Xie said that at that time, the bank seized all the accounts of Danbang, including the personal account of Liu, who was jointly and severally guarantor, and there was no account to make money, "only my account as the general manager can be used." To be honest, I don't want to, but I don't know who to use, and ordinary employees are even more inappropriate. Regarding some of the evidence of the above content, Mr. Xie also said that it was inconvenient to display and could be communicated on the spot.
Lawyer's statement. Is it an economic dispute or an economic crime?Lawyer: At present, the relevant evidence is insufficient.
In November 2022, Ms. Mao took the parties Liu, Mr. Xie and Danbang Technology to court. In March this year, she also reported to the public security organs in the name of contract fraud, and according to Ms. Mao, in May, the public security organs made a decision not to file the case, and Ms. Mao applied for reconsideration and review, but the original decision was upheld by the public security organs.
Zhu Yicong, a senior equity partner at Beijing Yingke (Shenzhen) Law Firm, said that the distinction between economic crimes and economic disputes has always been controversial in practice. As far as this case is concerned, it can be seen from the entrustment payment letter issued by Danbang Technology Company that it clearly stated that the company's account had been frozen by the court for a long time, and the accused did not deliberately conceal the basic situation that the company had encountered difficulties in operation when negotiating the execution of the contract. Therefore, it is difficult to establish the accusation that the accused concealed his true economic situation, and the precondition for fraud of the criminal suspect to fabricate facts and conceal the truth is flawed.
In addition, Zhu Yicong believes that in terms of specific loan matters, the existence of defects in the rights of the collateral does not constitute a sufficient condition for criminal fraud. To file a loan as a criminal fraud case, more sufficient proof conditions are required.
On the other hand, Zhu Yicong also pointed out that for lease contracts, there are a large number of civil judgments on the phenomenon of multiple rents for one room. In addition, there are a large number of economic disputes at the practical level, and the public security organs have carried out a comprehensive investigation with a prudent attitude in handling such dispute cases to avoid criminal interference in economic disputes.
In order to avoid the occurrence of such cases, Zhu Yicong suggested that the more specific conditions should be stipulated in the contract, the easier it is to prosecute criminal prosecution, including requiring the other party to indicate the current status of the collateral, the current status of the leased property, the current status of the borrower, the purpose of the loan, and the restrictions. In the process of criminal accusation, it is necessary to conduct sufficient communication, keep abreast of changes in the thinking of the case-handling unit and update the evidence, so as to conduct full discussion and explanation. Moreover, the possible defense of the accused should be predicted in advance, and the evacuation and blocking should be carried out in advance. In this way, we can better protect our rights and interests.
Background. The chairman of the board who has been "kicked out" by the delisted "circuit board" expert.
As one of the very few manufacturers in the world that has mastered the manufacturing process of high-end thin film insulation materials, Danbang Technology has always been concerned about the news that is related to the negative.
It has been terminated for more than a year and has been fined tens of millions by the regulatory authorities
According to official information, Danbang Technology was founded in 2001 and went public in September 2011. Since its listing, the company's revenue has been rising year by year, reaching an all-time peak in 2014 with a revenue of 50.2 billion yuan, net profit attributable to the parent company of 90.93 million. Since then, the revenue has declined until 2020, when the revenue fell off a cliff to less than 50 million yuan, and the net profit attributable to the parent company recorded a loss of up to 800 million yuan.
Also in 2020, the former executives of Danbang Technology reported that the chairman of the company, Liu, had falsified his academic qualifications, which eventually led to Liu's doctoral graduation certificate and degree certificate being recovered by Central South University.
In April 2021, due to the company's 2020 financial report being issued with an audit report that could not express an opinion, coupled with a negative net profit attributable to the parent company and a revenue of less than 100 million, the company was "wearing a hat with stars". Later, due to the audit report of the 2021 annual report that could not express an opinion, on May 24, 2022, the company announced that the Shenzhen Stock Exchange decided to terminate the company's ** listing.
The delisting directly led to the removal of Liu as chairman of the board. Mr. Xie said. In June 2022, Liu's proposal to remove the chairman of the board was voted by shareholders.
Ms. Mao always believed that Liu's removal was nominal. At that time, to be honest, he was 'kicked out', and the two sides had a conflict and almost a fight. For this matter, I also got the community mediation police office. Mr. Xie said.
After the delisting, the catastrophe of Danbang Technology has not yet come to an end. In November this year, the Shenzhen Supervision Bureau of the China Securities Regulatory Commission imposed administrative penalties on Danbang Technology, Liu, Xie and others for inflating its huge operating income and profits from 2018 to the first half of 2020 through illegal acts, with a total fine of 20.9 million yuan, of which the former chairman Liu was given a warning and fined 8 million yuan, and the executive Mr. Xie was given a warning and fined 2 million yuan.
It is still in operation, with a monthly output value of several hundred thousand and a foreign debt of more than 400 million, and it is expected to promote restructuring
The once glorious listed company is now mired in a quagmire. On December 14th, a reporter from Nandu Bay Finance Society visited the Danbang Science and Technology Headquarters Building located on the North Road of Science and Technology in Nanshan District. It was four o'clock in the afternoon, but there was silence in the building. Circling the park, there are security guards at each of the two entrances, and there are some cars parked in the open spaces, and one car is coming in from the main entrance. The reporter of the Bay Finance Society learned from the guard at the main gate that only a few people in the building are currently working, and Mr. Xie is also here. Speaking of Liu, the doorman did not react immediately, and then said, "He didn't ...... a long time ago."I was out of here for a long time. ”
In a conversation with Mr. Xie on December 18, he also introduced the current situation of Danbang Technology to the reporter of Wancai Society. Mr. Xie said that Danbang Technology is still operating, but due to financial problems, most of the employees have been laid off, and now there are less than 100 people left, and there will be more people in the Dongguan Songshan Lake production base, with seventy or eighty;There are fewer than 10 people left in the headquarters building.
The problem that the company is facing now is insufficient funds", Mr. Xie said, at present, the production line of Danbang Technology is still doing circuit boards to generate income, but because of insufficient capital investment and insufficient manpower, it only makes hundreds of thousands of output value a month.
Among them, the headquarters building is not rented out, and the dormitory buildings are already rented out and no new income is generated. "In the past, the disbandment of the team had to be paid, and everything that should be used was used, and several of us who are now working have not even received last year's salary, so we can only say that we are here for a while. The company is still operating, and the shareholders also want to keep some people here to maintain the operation, and the funds are gradually being resolved. Mr. Xie said.
According to Mr. Xie, the foreign debts of Danbang Technology mainly come from several major banks, with a total of more than 400 million yuan, and the arrears of other financial institutions and individuals are very small, and the amount owed to ** merchants is only more than 20 million yuan.
When it comes to future repayment arrangements, Mr. Xie said that repayment must only be made at the company level, after all, it is not a personal loan. "The basic idea of the company was to restructure. Now there are several companies talking, and it's hard to say whether it can be settled, but it's just that these jobs are being done. Mr. Xie revealed.
Written by: Chen Jing'an, reporter of Nandu Bay Finance Agency.