Peng Beijing incident.

The cement plant suddenly changed. The market price of cement has fallen sharply, and the selling price has dropped from more than 400 yuan per ton to more than 200 yuan.

Peng said that Huang thought the risk was too great and asked to withdraw his shares many times. Because the company law does not allow shareholders to withdraw their shares, he had to sign an internal share transfer agreement with Huang. According to the agreement, since the establishment of Yuxi Cement Company, Huang has invested 2.6 million yuan in shares and borrowed 6.5438+0.7 million yuan for a long time, totaling 4.3 million yuan. After deducting the balance of payment for goods obtained from Yuxi Cement, the interest will be calculated to 1 end of the month 1996 at the monthly interest rate of 3.4% according to the time and amount of investment, and all procedures will be handed over by Peng to Huang as the legal basis for the creditor's rights and debts of both parties. The two sides agreed on the time and date of installment payment.

However, the agreement was not implemented later-after signing the Share Transfer Agreement, Huang and Peng failed to clean up the financial accounts in time and go through the relevant settlement procedures, nor did they go through the formalities of change registration with the administrative department for industry and commerce.

Since1June, 1996 17, Huang has received property from cement companies for many times. In addition, Huang also issued a power of attorney to the company to handle the debt problem with Yuxi Cement Company. After that, the cash received by Huang Xiaoyu or the receipt directly related to the payment of cement goods was marked as "cash (or cement) received by Yuxi Cement Company".

According to the financial data, from 1 February 1996 to 19991September 9, Huang and Yu Xi Cement Company withdrew 4.2 million yuan in cash and in kind. Yuxi Cement Company refused Huang's request to extract cement from the company when it was determined that Huang's funds were about to run out.

On June 7, the same year, Huang sued the Intermediate People's Court of Chenzhou City on the grounds that Peng Beijing failed to fulfill the share transfer agreement signed with him, demanding Peng to pay his share transfer fee and loan principal and interest totaling 6.44 million yuan. The Intermediate People's Court of Chenzhou City has repeatedly tried the case of dispute over the share transfer contract between Huang and Peng. The court of first instance held that although the share transfer agreement signed by both parties was not decided by the board of directors, the third shareholder Chengnan Township Enterprise Office did not object, so the agreement was valid. Huang's investment in Yuxi Cement Company should be based on the settlement book issued by Yuxi Cement Company, and the interest of Peng Beijing's debt owed to Huang should be calculated as agreed. The Share Transfer Agreement signed by Huang and Peng is an expression of the true meaning of both parties.

The court said that Chengnan Township Enterprise Office, another shareholder of Yuxi Cement Company, did not participate in the signing of the agreement, but actually recognized the transfer agreement signed by Huang Peng. After Huang quit the company, Peng didn't go through the formalities of shareholder change registration during the operation of Yuxi Cement Company, but Peng actually performed as agreed, which did not affect his power to manage the company, so it was considered that the transfer agreement was legal and valid. The first instance of Chenzhou Intermediate People's Court ruled that the Internal Share Transfer Agreement signed by Huang and Peng Beijing was valid. Peng Beijing should pay Huang the internal share transfer debt of1588,047 yuan, as well as the penalty interest of 3 1588 17 yuan and the late payment fee of 257,264 yuan, * * which is 5004 129 yuan. After deducting other loans from Huang Xiang, Peng should repay the debt principal and interest of 4,992,282 yuan.

Peng Beijing believes that the first-instance judgment found that the facts and applicable laws were wrong, which violated legal procedures and the judgment was unfair. Therefore, the Higher People's Court of Hunan Province in Xiang Peng filed an appeal. The Higher People's Court of Hunan Province made a final judgment, dismissed the appeal and upheld the original judgment. Afterwards, Chenzhou Intermediate People's Court froze the bank deposit of 2 million yuan of Yuxi Cement Company and sealed up all the assets, account books and factory buildings of the company.

Peng Beijing applied to Hunan High Court for retrial. Hunan Higher People's Court upheld the original judgment on 2001131. The Supreme Court issued a civil ruling, instructing Hunan High Court to retry the case; During the retrial, the original judgment was suspended. In June 2003, the Hunan Provincial High Court again upheld the original judgment.

In June 2000, Chenzhou Intermediate People's Court issued the enforcement notice (2000)No. 16 and the civil ruling (2000)No. 16, freezing the bank deposits of Yuxi Cement Co., Ltd. in Yizhang County, and even the personal deposit of a deputy director recruited by the company was forcibly taken away.

The Higher People's Court of Hunan Province made a decision (2000) No.26 on the supervision of Hunan Law, and suspended the execution of the civil judgment of our hospital (1999) No.0/51. 200 1, 1 1, after the retrial judgment of Hunan Higher People's Court, Chenzhou Intermediate People's Court resumed execution and auctioned the company's management right for 9 years as a whole.

After the announcement, the Hunan Provincial People's Procuratorate proposed to the Provincial High Court to suspend the execution. In August of the same year, the Executive Board of Chenzhou Intermediate People's Court led dozens of people to Yuxi Cement Co., Ltd. to auction the company's nine-year management right.