Red Star News reported on November 26 that the well-known artist Li Yapeng was charged with "debts of 40 million". The retrial of the case was held at the People's Court of Chaoyang District, Beijing at 9 am on November 25. The Red Star News reporter learned from the plaintiff and Beijing Taihe Youlian Investment Co., Ltd. (hereinafter referred to as "Taihe Youlian Company") attorney Nie Min that the retrial is over and the court will announce the verdict at a fixed time.
Nie Min said that during the trial, the judge's main focus of the trial was 40 million yuan, and whether there was coercive behavior in signing a 40 million yuan undertaking.
Taihe Youlian Company once submitted a recording of Li Yapeng to the court. In the recording, Li Yapeng claimed, "What kind of protection do you need? What kind of protection do I give you? I need to kneel down or get down. "
Li Yapeng’s defense lawyer said that Li Yapeng’s recording said that he was about to kneel down because of the coercion of the Taihe Union Company. One of the Taihe Union Company provided counter-corroboration recording evidence, proving that Li Yapeng himself asked the investment company to sign relevant documents. But this rebuttal evidence, lawyer Li Yapeng believes, just proves the existence of coercion.
Nie Min also pointed out that Li Yapeng had cancelled his Mainland ID card and became a Hong Kong resident before responding in the first instance, while Li Yapeng responded with the cancelled Mainland ID card and appointed a lawyer in the first and second instances. “We raised the issue of the principle of good faith in this case. Li Yapeng used invalid identity information to respond to the lawsuit, wasting a lot of court personnel, lawyers, and parties’ time. He participated in two or three years of court hearings with inaccurate identity information. Punishment was imposed on his behavior, but the court did not respond to it. The red star reporter called Li Yapeng to verify the matter, and the other party did not accept an interview from the red star reporter. Review of the case of
: According to the first-instance judgment materials of the previous case, the court showed that The trial found that in 2012, Taihe Union Company and Lijiang Snow Mountain Investment Co., Ltd. (hereinafter referred to as "Xueshan Company") held by Li Yapeng signed the "Project Cooperation Framework Agreement", agreeing that the two parties will cooperate to complete the "Snow Mountain Wenyuan" project. The associated company injected 60 million yuan into Snow Mountain Company and obtained 10% of the shares of Snow Mountain Company.
Snow Mountain Company promised that this capital injection will only be used for project-related purposes and shall not be used for other purposes without the unanimous resolution of all directors of the company. The two parties also agreed that the project development cycle is 3 years. When the development cycle expires, Taihe Youlian Company will first recover the agreed fixed equity income of 40 million yuan. Subsequently, Taihe Youlian Company will divide it into 4 times from January to July 2012 The agreed 60 million yuan was transferred.
In April 2015, Li Yapeng, his brother Li Yawei, and Beijing Zhongshu Investment Holdings Co., Ltd. (hereinafter referred to as "Zhongshu Company") issued a "Letter of Commitment" to Taihe Union. The "Letter of Commitment" shows , Xueshan Company and the original shareholders (Li Yapeng, Li Yawei, Li Yibing) made a commitment to guarantee the maturity of the creditor’s rights of shareholders Li Yapeng and Li Yibing’s equity transfer to Sunshine Group and Taihe Union Company: at the latest by December 25, 2015, to pay 40 million Li Yapeng and Zhongshu Company provided equity guarantee for the debt due to Yuan Yuan with all their equity in Xueshan Company.
Since then, Li Yapeng has not paid the relevant payment. Taihe Youlian Company will Li Yapeng after the dunning failed. , Li Yawei and Zhongshu Company sued the Chaoyang District People’s Court of Beijing, demanding that they pay 40 million yuan in arrears and interest. After that, the Chaoyang Court decided in the first instance of the case, and Li Yapeng and Li Yawei paid 40 million yuan to Taihe Union Company. Interest.
Li Yapeng and Li Yawei filed an appeal in March 2018 due to dissatisfaction with the judgment. On March 23, 2018, Beijing No. 3 Intermediate People's Court pronounced the case in the second instance, dismissed Li Yapeng’s appeal request and upheld the original judgment.
2018 4 On 9th, Li Yapeng was listed as a "distrust executor" because he had not fulfilled the judgment. After the second instance of the case, Li Yapeng and Li Yawei applied to the Beijing Higher People's Court for retrial. The Beijing Higher People's Court made a decision on December 10, 2018 (2018 ) Jingmin Shen 44Civil ruling No. 45 ordered the Beijing Third Intermediate Court to retry the case. The
Red Star News reporter noticed that according to the (2019) Jing 03 Min Zai No. 5 judgment published by the China Judgment Document Network, Li Yapeng is a Hong Kong resident. In September 2019, the Beijing Third Intermediate People's Court ruled to revoke the original judgment after a retrial. The case was sent back to the Beijing Chaoyang District People's Court for a retrial. As it entered the retrial stage, Li Yapeng was also removed from the "distrustworthy person subject to enforcement."
(Original title: Li Yapeng, a well-known artist accused of "40 million debts" case, was not sentenced in the retrial, saying he signed a promise under duress)
(responsible editor: Feng Xiaoyu_NBJS12019)
