Unlike being an actor, the real estate developer Li Yapeng tried everything and failed to create a classic work. His “belief” is still nowhere to be placed: Zhengzhou China Wengu exists in name only, and the future of Ganzhou China Wengu is uncertain. Five years later, he is still the defendant Li Yapeng of “40 million in debt.” This article is from the WeChat official account:City (ID: ishijie2018), author : Tao Ting, editor: Liao Ying, head picture from: Visual China
For 5 years, Li Yapeng is still struggling with 40 million debts.
On November 25, Li Yapeng was charged with “40 million in debts” for the third time.
The debt of 40 million yuan began when Li Yapeng was a local producer for the first time. This is also the first test paper handed over by real estate businessman Li Yapeng. But obviously, he got a bad score.
Li Yapeng’s Snow Mountain Art Town has been transferred to Sunshine 100 for 5 years. In the five years that have been long and short, Li Yapeng, who has not yet succeeded in his career, still does not give up. He continues to walk on the road of tourism real estate with the “cultural utopia” he has always wanted to create.
But unlike being an actor, Li Yapeng, a real estate developer, did everything and failed to create a classic work. His “belief” is still nowhere to be placed: Zhengzhou China Wengu exists in name only, and the future of Ganzhou China Wengu is unknown.
The star Li Yapeng and the businessman Li Yapeng, separated by two words, are two heavens.
1. 40 million in debt
A few years ago, in response to “listed as a person to be enforced due to 40 million debts”, Li Yapeng wrote in the circle of friends: “It has not been in the judicial proceedings of the High Court to appeal. .”
However, Li Yapeng in these years has not been well, at least on November 25.
At 9 a.m. on the 25th, at the People’s Court of Chaoyang District, Beijing, Li Yapeng was charged with “40 million in debt”. After several setbacks, the defendant Li Yapeng agreed to mediation, while the plaintiff Beijing Taihe Youlian Investment Co., Ltd. did not agree to mediation.
“The mediation needs to be adjusted early, and the delay in the case has been too long.”The plaintiff’s lawyer Nie Min told the city.
Nie Min spent 5 years fighting this case. After December, it will be the sixth year. In Nie Min’s words, this case is like a pancake, turning it over and over.
This is the third trial. After losing the first two cases, Li Yapeng filed another appeal.
In January 2012, Lijiang Snow Mountain Investment Co., Ltd. and Taihe Youlian signed the “Agreement” stipulating that the two parties cooperated to complete the “Snow Mountain Wenyuan”(雪山艺术小 Town) project. Taihe Youlian invested 60 million yuan to inject capital into Snow Mountain Company, and obtained a 10% stake in Snow Mountain Company accordingly. After that, Taihe Union transferred 60 million yuan in three installments.
The “Agreement” also stipulates that if the project suffers a loss, the actual loss will be entirely the original shareholder of Snow Mountain Company (Li Yapeng, Li Yawei, Li Yibing) Taken independently. If the actual profit of the project is lower than the financial report provided by Xueshan Company when signing the agreement, Xueshan Company will ensure that the total equity actually obtained by Taihe Youlian is not less than 100 million yuan, and the project development cycle is 3 years.
If the development cycle exceeds 3 years, taking into account the capital and financial cost of Taihe Union’s capital contribution, at the end of the 3-year development cycle, Taihe Union will first recover the agreed fixed equity income of 40 million yuan.
However, in April 2015, just three years ago, Li Yapeng told Taihe Youlian that he had no funds and wanted to transfer himself, his brother Li Yawei, and his related parties, such as Snow Mountain Art held by Zhongshu Holdings. A total of 51% of the shares in the town were transferred to Sunshine 100 at a low price.
In the eyes of Taihe Youlian, it can’t agree to this plan at all. This is equivalent to a stock bought at a high price. After three years, not only will it not get the promised profit, but it will also be sold at a low price. This makes no sense or reason.
But Li Yapeng did not give up. He continued to persuade Taihe Union: “I promised you 100 million in the early days, and now I can give you 40 million, as long as you agree to give up the right of first refusal.”
Even so, Taihe Union, which believed that its shares had shrunk significantly, did not agree until Li Yapeng said in the work group: “What kind of guarantee do you need from me? What kind of guarantee do you need? I can kneel or get down, I can, I beg you.”
Under Li Yapeng’s sincere words, Taihe Union considered that the listed real estate company Sunshine 100 is more powerful and did not want Snow Mountain to collapse, so it agreed to Li Yapeng’s request.
At this time, Taihe Youlian did not expect that this normal work communication WeChat “voice” would become a “tool” for the other party in the future.
On April 17, 2015, Taihe Union received the “Letter of Commitment” issued by Li Yapeng: The original shareholder of Lijiang Snow Mountain Company promised to pay 40 million yuan due to the debt in July 2015, if there are difficulties, it can continue The payment must be paid before December 25 of that year, and Li Yapeng and Zhongshu Company provide equity guarantee.
However, Li Yapeng has never fulfilled his promise. In the same year, Taihe Union took Li Yapeng to court. Li Yapeng appealed successively, and the two verdicts were both: Taihe Youlian should pay 40 million yuan and interest.
The “plea” voice that helped Taihe Youlian agree to was originally used by Taihe Youlian to refute Li Yapeng’s evidence, but it became one of the explanations for Li Yapeng’s “coercive behavior in signing the 40 million pledge letter.”
In the trial on November 25, on the issue of “whether coercion is involved in signing the 40 million pledge letter”, lawyer Li Yapengfang stated that “the recording shows that you are kneeling, and what is not called coercion”. Nie Min believes that the so-called “recording” by the other party just contradicts the fact that “Li Yapeng himself begged the investment company to sign relevant documents.”
This