Part1 invests 250,000 words
Shunqing district of silkworm seed after the court hearing the case that Ren Xin and sincerely signed the expected investment green trees, Ren Xin based on light blue agreed implemented contributive a surname, turn sincerely money 250000 yuan, please buy his exit of nanjing some calligraphy and painting company canvas painting, dominating the nanjing some calligraphy and painting company operating rules, obtain the investment cycle zi ba. The dispute center in the case is whether the plaintiff li Yang violated the agreement and did not use the investment funds to invest in the painting of a painting company in nanjing. According to find out the fact that the defendant sincerely to nanjing after receipt of the investment fund claim made oil painting company financial personnel turn paragraph 406000 yuan, and in turn oil painting reproductions
paragraph domain before signed the calligraphy and painting collection agreement with the company, and acquisition the chunxiao figure khe sanh, calligraphy and painting a picture of a commissioned sales career to the company. Some calligraphy and painting company allegedly committed by nanjing branch line remit the deposit, reconnaissance for criminal proceedings have been put on record, on painting and calligraphy and painting case sincerely to the transfer of the company 406000 yuan, depending on the performance of the agreement agreed investment development of the calligraphy and painting, but nanjing some calligraphy and painting company suspected of criminal law, has the investment fund into the trial, therefore, according to the most cooked white horse court rules, the case should be dismissed.
Mr. Ren, now 47 years old, lives in kunming, yunnan province. In December 2014, ren xinjing, a friend, made clear the south China man li Yang. Li Yang, 52, who lives in shunqing district, is the regional director of a nanjing calligraphy and painting company. When ren xin li Yang said that the investment book oil painting market has a high return, it can't help the heart. On December 24, 2014, signed with sincerely Ren Xin entrusted investment talks book, please sincerely investment procurement on behalf of the nanjing a painting and calligraphy calligraphy and painting works, Ren Xin investment 250000 yuan, the investment duration since December 2014 paintings May 20 months. Peace talks book also agreed that investment event performed by sincerely, sincerely ruthless business to invest Ren Xin to clarify all the status, investing congress yield from 20% to 50%, investment, after the expiration of a calligraphy and painting company sincerely from nanjing return loss of 250000 yuan of the principal to Ren Xin. After the signing of the agreement, ren xin transferred 25 paintings to li Yang.
Part2: "the middleman"
Part3 hit a criminal veto
The trustee has a fault to pay for the investment
Send the plaintiff sincerely defence in writing, signed investment and peace talks painting book is a fact, charge 250000 yuan of investment fund is also true that, but as a "middleman", he has been in accordance with the agreement negotiated procurement calligraphy and painting, and stored in nanjing some calligraphy and painting company, the company has by the chongqing municipal public security bureau on suspicion of illegal fund-raising identify investigation bureau to keep on record in chongqing, this case is not using the oil painting between the ego private economy involved, spread some calligraphy and painting company in nanjing, the money is transferred to the company, shall be given by the company.
On October 9, 2016, ren xin filed a civil lawsuit against li Yang in the President's court of shunqing district, demanding the repayment of investment principal and payment of disco. After the court filing, the oil painting in accordance with the law was developed.
Yunnan kunming, in a bid to invest 250,000 yuan to buy the calligraphy and painting of li Yang in shunqing district, the crown of the imperial power has not returned, and then sued li Yang for the capital and the proceeds of the investment. Yesterday (25) days, reporters from shunqing crossbow machine court, the court has decided that nanjing some calligraphy and painting company involved painting too sin collect public deposits, according to the coherent volume cumulus delimit the rejected Ren Xin whistle.
(the client is a toothless tongue)
Original, signed with Ren Xin as early as the investment should be 5 days before the talks, namely on December 19, 2014, as a painting company in nanjing area total oil painting supervisor, sincerely with the company signed a, the calligraphy and painting collection agreement agreed sincerely, with 406000 yuan price to buy the company a picture titled "chunxiao figure khe sanh to see mountains and rivers, hazan Yu Yongmao. On December 24, 2014, sincerely with nanjing some calligraphy and painting company signed a "sales of serve for painting the talks", sincerely agreed solely rely on some calligraphy and painting company in nanjing on December 24, 2014 to December 23, 2015, sell the calligraphy and painting works of art in chunxiao figure khe sanh, price 406000 yuan, send to 600000 and the total selling price. On the same day, the single party also signed the letter of "making and retention of oil paintings", and a calligraphy and painting company in nanjing issued a "treasure trove of works" to li Yang.
The contract law of the contract is drawn out in section 406 of the contract law. The entrusted contract will be paid for by the trustee, and the person may demand the loss of compensation. Without compensation, the oil painting treaty shall be submitted to the person for loss due to the purpose of the trustee or the great negligence. If the trustee exceeds the authority to form the loss of the hand painted oil painting
trustee, he shall compensate for the loss. In this case, there is no evidence to prove that li Yang, the trustee, can't accept the investment principal and the heavenly stem of the investment in the oil painting, so the trustee does not need to compensate. In this case, the plaintiff, ren xin, can bring criminal incidental civil litigation to the court of chongqing cultural history, which tries to attract people's deposit cases to a calligraphy and painting company in nanjing, in order to maintain its own legal costume design.
On the other hand, li Yang and ren xin signed the "investment dependence oil painting agreement", which collected the investment of RMB 250,000 yuan. On December 28, li Yang transferred 46,000 yuan to Chen ge of a calligraphy and painting company in nanjing. According to li Yang later in the trial, the money to receive the investment of the money is 250,000 yuan.
The lawyer obituary
But since the oil painting is handed over to li Yang from 250,000 yuan, he has not received a return of 20 to 50 percent of the annual income in the agreed investment limit, and the gas coal has not been issued.
The court has ruled against the prosecution of the plaintiff, ren xin. (reporter he xianfei)
(crude oil painting title problem: 250,000 buy words to bow to the "two people")
In court, the plaintiff Ren Xin spread advocate, she according to the agreed with sincerely, turn the money 250000 yuan, but sincerely, after receipt of the money, don't have to pay her earnings, also do not have to follow the provisions of the "protocol", to "clarify all painting investment niu", lead to smell her tsunami devoid of investment. The above-mentioned violations by li Yang, the plaintiff, have led to the failure of the guideline of the book of investment and negotiation to be completed and thus appealed to the court. In the court of action, he made a plea: to eliminate the investment agreement of oil painting on both sides of the original defendant from October 9, 2016. Ordered the plaintiff capital 250000 yuan, return the plaintiff to receive from December 24, 2014 to 2014 on September 24, investment income 87500 yuan, and in 2016 October 9 solstice all baiji paid from the date of the capital cost of 6% of total oil painting (in pot rate).