Winning Case | Shareholders failed to liquidate and jointly paid off a debt of 450,000!

Case background: When a company is revoked but not liquidated, how can the rights of creditors be protected?

The plaintiff Shenzhen Xiangyi Wood Products Co., Ltd. went to court in 2013 and won the case because the defendant Dongguan Haiqi Wood Products Co., Ltd. (hereinafter referred to as "Haiqi Company") owed more than 450,000 yuan in payment for goods. However, Haiqi Company had no executable property and the case was deadlocked. Key turning point: In 2018, the plaintiff discovered that Haiqi Company had its business license revoked , but shareholders Song Biao and Huang Qingmei did not organize liquidation within the statutory period, resulting in the long-term inability to realize the creditor's rights. The plaintiff entrusted our legal team to pursue the shareholders' joint and several liability for repayment in accordance with the law , and finally successfully recovered more than 450,000 yuan in principal and interest of the debt .

Difficulties in handling cases and strategies for breakthroughs

1.  Core dispute : Did the shareholders cause the company to be unable to repay its debts due to their failure to liquidate?

2.  Legal Basis :

1.  Articles 180 and 183 of the Company Law

2.  Article 18 of the Second Judicial Interpretation of the Company Law

3.  Three highlights of the case : ✅  Accurately lock the chain of evidence : retrieve the industrial and commercial revocation records, execution orders, and judgments to form a complete evidence closed loop. ✅  Break through the dilemma of providing evidence : According to judicial interpretation, the plaintiff only needs to prove the fact of "revocation but not liquidation", successfully transferring the burden of proof to the defendant. ✅  Scientifically calculate the scope of repayment : Accurately calculate the debt principal of more than 450,000 yuan and interest to ensure that the interest claim is fully supported by the court.


Case results: Data-based presentation of the value of winning a case


index

The plaintiff claims

The court ruling supports

Joint repayment of principal

451,847 yuan

451,847 yuan

Interest

Calculated at 6%

Full support

Double late interest

According to legal standards

Full support

Case handling fee

11,546 NTD

The defendant bears

Total recovered losses: over 450,000 yuan (principal + interest + execution fee) Case handling period: 3 months (from filing to winning)

Lessons from this case: The risk of shareholder liquidation liability cannot be ignored

1.  Corporate revocation ≠ debt relief : If shareholders fail to liquidate in a timely manner, creditors can directly pursue liability!

2.  Key points of timeliness :

1.  A liquidation group must be established within 15 days of the company’s dissolution

2.  Creditors can break the execution deadlock with evidence of "revocation but not liquidation"

3.  Professional value : Through this case, we have opened up a new path of "shareholder joint recovery" for corporate creditors, with a recovery rate of 100% .

Why choose us?

 Industry-leading winning rate : In the past three years, the winning rate of cases involving liquidation liability disputes has reached 92% , with a total of over 580 million yuan in claims recovered . Full-process refined services : From evidence collection, legal argumentation to execution and repayment, the entire process is visually followed up. Data-based risk control model : The original "shareholder joint liability feasibility assessment system" was created to issue a rights protection plan within 3 hours.
 

Take action now to defend your creditor's rights!

If your creditor's rights cannot be realized due to problems such as company revocation and shareholder loss of contact, please call the professional team immediately! 24-hour consultation hotline: 0755-32945888 Official website submission: jielv@lawjielv.com


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