Top news reporter Zheng Xu.
On December 11, Li Qiankun, a citizen of Hong'an County, Huanggang, Hubei Province, was owed 58,320 yuan by Qili Material Company of Hong'an County Material Bureau, and the matter of recovering for nearly 30 years attracted attention on the Internet.
According to ** report, when collecting arrears, the company used the first floor of a three-story building as a "debt payment" for Li Qiankun to occupy first, and then solve the debt problem in the future. But now, the house has been identified as a dilapidated house and is facing eviction.
On the morning of the 12th, the top news reporter learned from Li QiankunHe has already gotten 580,000 yuan in cash, this matter has been satisfactorily resolved. Some legal sources said that for this incident, signing a contract with a state-owned enterprise is a relatively standardized practice.
Meals that are owed.
Li Qiankun, a native of Qiliping Township, Hong'an County, Hubei Province, opened a restaurant there in 1992. Beginning in 1995, the personnel of the Qili Material Company of the Hong'an County Material Bureau repeatedly consumed in its restaurants until 1999. According to Li Qiankun, the company's staff often hang accounts when they eat and then settle the accounts at the end of the year. "But it was a normal thing in those days, so I didn't pay much attention to it. Li Qiankun said.
According to ** reports, in the 4-year account of Qili Material Company of Hong'an County Material Bureau, a total of more than 60,000 meals are owed. Although the meals were settled in the first few years, from 1995 to 1999, only 3,000 yuan was settled, and the rest was never settled.
According to the IOU provided by the parties, which was signed by Gu Lanping, the legal representative of the company, the total amount owed was 58,320 yuan.
The top news reporter inquired and learned that Hong'an County Materials Bureau Qili Materials Company is a 100% controlled enterprise by Hong'an County Materials Bureau, registered in 1990 and revoked in December 2015.
According to the Xiaoxiang Morning News,Mr. Li said that every time he collected a debt, he was told that he had no money to pay. "In 2008, Gu Lanping told me that the unit collapsed and there was no way to give the money, so he gave me the key to the first floor of the three-story building of the Qili Material Company of the Hong'an County Material Bureau, which was about 180 square meters, and said that I would occupy it first, and also said that the house was a state-owned asset, and the debt would be solved after the house was in my hands. ”
Subsequently, Hong'an County was restructured, and the house occupied by Li Qiankun was taken over by the Hong'an County Commerce, Trade and Economic Federation. Regarding the issue of arrears, Li Qiankun also approached the federation about this, but the response he received was still "occupy the house first".
In September 2023, because the house was identified as a dilapidated house, the Hong'an County Federation of Commerce, Trade and Economics approached Li Qiankun and asked him to clear the site, but he did not reach an agreement with Li Qiankun on the matter of arrears for meals, but Li Qiankun did not agree.
On September 26, the Hong'an County Federation of Commerce, Trade and Economics issued a clearance notice to Li Qiankun. The content said: In 2008, you orally negotiated with the parties of the original company to occupy the company's street store to offset the original arrears because the Hong'an County Qili Material Company owed you a meal fee. Now Qili ** supervises the safety issues, and the house is identified as a dangerous house, in order to eliminate potential safety hazards, it is decided to clear and rectify the house within a time limit. For this reason, the Federation of Commerce, Trade and Economics has communicated with you many times without success, and intends to prepare for removal in accordance with relevant legal procedures.
Parties: The amount owed has been received
On the morning of December 12, the top news reporter contacted Li Qiankun, the party involved in the incident, and he told reporters that the superior department of the Hong'an County Commerce and Trade Economic FederationAlready counted 5The arrears of more than 80,000 yuan were repaid to him in cash. "The money has been received, thanks for your attention. Li Qiankun said.
Subsequently, the reporter called Cai Junfeng, the legal representative of the Hong'an County Federation of Commerce and Economics, but it was not connected. Previously, he said in an interview with ** that due to the age, it was impossible to determine whether the IOU was true. They also looked for Gu Lanping, but due to physical reasons, his mind was not very clear.
Fu Jian, director of Henan Zejin Law Firm, told top news reporters that for issues involving multi-year IOUs, it is necessary to comprehensively consider many factors. First of all, even if the IOU is stamped with the official seal, its authenticity cannot be judged solely by the authenticity of the official seal. Because factors such as the order of the official seal and the text, the date of the formation of the text, etc., also have an important impact on the authenticity of the agreement.
Fu Jian said,In specific cases, if there is a significant dispute over the authenticity of an IOU or IOU, it may be necessary to apply for a handwriting test to confirm the authenticity. In addition, according to the relevant cases and adjudication ideas of the Supreme People's Court, the key to the validity of the official seal to the contract is not the authenticity of the official seal, but whether the person who affixes the seal has the right of representation or the right of **. If the person who affixes the seal is the legal representative or the person who has the right to seal, even if he does not seal the contract or even affixes a false seal, as long as his signature on the contract is true, or can prove that the fake seal is stamped by himself or agrees to be stamped by others, it should still be regarded as a corporate act, and the company shall bear the legal consequences.
In the case of Li Qiankun, in Fu Jian's view, although he claimed that he had made a verbal promise to "pay off debts" with the house first, it was a relatively standardized practice to sign a contract with a state-owned enterprise when dealing with such issues. "The contract should specify the rights and obligations of both parties, as well as the specific details and conditions for the use of the assets. Doing so can not only ensure the legality of the operation, but also protect the rights and interests of both parties. Before any transaction, sufficient market research and legal advice should be carried out to ensure the transparency and legitimacy of the transaction and avoid possible illegal acts。Fu Jian said.