Red Star News reported on November 26 that Li Yapeng, a famous artist, was charged with 40 million debts. The retrial was held in Chaoyang District Peoples Court of Beijing at 9 am on November 25. Red Star News reporter from the plaintiff, Beijing Taihe Youlian Investment Co., Ltd. (hereinafter referred to as Taihe Youlian company) Deputy lawyer Nie minchu learned that the formal retrial is over, and the court will pronounce a judgment on an optional date.
Nie Min said that in the trial, the focus of the trial summarized by the judge mainly included the nature of 40 million yuan and whether there was coercion in signing the commitment letter of 40 million yuan.
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 and I can get down.
Li Yapengs defense lawyer said that Li Yapengs recording said he would kneel down because he was coerced by Taihe Youlian company. One side of Taihe Youlian company put forward the documentary evidence to prove that it was Li Yapeng who begged the investment company to sign relevant documents. But this refutation evidence, Li Yapeng thinks, just proved 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 to the case in the first instance, while Li Yapeng responded with the cancelled mainland identity card and appointed a lawyer at the first and second instance. We put forward to the court that we should pay attention to the principle of good faith in this case. Li Yapeng used invalid identity information to answer the lawsuit, which wasted a lot of time of court personnel, lawyers and parties. After two or three years of trial, even the identity information was inaccurate, the peoples court should punish him for his conduct, but the court did not reply to this.
Red Star News reporter called Li Yapeng to verify the matter, and the other party did not accept the Red Star News reporters interview.
According to the previous first trial decision materials, it was found by the court that in 2012, Taihe Youlian signed the project cooperation framework agreement with Lijiang Xueshan Investment Co., Ltd. (hereinafter referred to as Xueshan company) held by LiYapeng, which agreed that both parties cooperate to complete the project. Taihe Youlian company invested 60million yuan for Xueshan company, and obtained 10% of the shares of Xueshan company.
Xueshan company promises that the capital injection will only be used for the purpose related to the project, and shall not be used for other purposes without the unanimous consent of all directors of the company. The two sides also agreed that the development period of the project is 3 years. At the end of the development period, Taihe Youlian company will recover the agreed fixed equity income of RMB 40 million. Subsequently, Taihe Youlian company remitted the agreed RMB 60 million in four times from January to July 2012.
In April 2015, Li Yapeng, his brother Li Yawei and Beijing Zhongshu Investment Holding Co., Ltd. (hereinafter referred to as Zhongshu company) issued a letter of commitment to Taihe Youlian company. According to the letter of commitment, Xueshan company and its former shareholders (Li Yapeng, Li Yawei, Li Yibing) made a commitment to guarantee the due creditors rights of shareholders Li Yapeng and Li Yibing transferred to sunshine group and Taihe Youlian company: to pay the due creditors rights of RMB 40 million no later than December 25, 2015, and Li Yapeng and Zhongshu company will withdraw all their equity in Xueshan company for the creditors rights For equity guarantee.
Since then, the party has not paid the relevant funds. After the call was unsuccessful, Taihe Youlian company sued LiYapeng, liyawei and sinobook company to Chaoyang District Peoples Court of Beijing Municipality to pay the arrears of RMB 40million and interest. After that, the court decided the case on a trial basis, and LiYapeng and liyawei paid 40 million yuan and interest to Taihe Youlian company.
Li Yapeng and Li Yawei appealed against the judgment in March 2018. On March 23, 2018, the second instance of Beijing third intermediate peoples court ruled the case, rejected Li Yapengs appeal and upheld the original judgment.
On April 9, 2018, Li Yapeng was listed as the person to be executed for breach of faith because he had not fulfilled the judgment. After the second trial of the case, Li Yapeng and Li Yawei applied to the Beijing Higher Peoples court for retrial. On December 10, 2018, the Beijing High Court made a civil ruling of (2018) JMS No. 4445, instructing Beijing No. 3 middle court to retrial the case.
Red Star News reporter noted that Li Yapeng is a Hong Kong resident according to the (2019) Jing 03 min Zai No. 5 judgment published by China judicial document website. In September 2019, Beijing No.3 intermediate peoples court ruled to cancel the original judgment after retrial, and the case was sent back to Chaoyang District Peoples Court of Beijing for retrial. Li Yapeng was also removed from the dishonest person subjected to execution because of entering the retrial stage.
Li Yapengs new girlfriend is recommended to join Yanran fund. The reason has nothing to do with the man! Li Yapeng eats roadside stall with post-90s girlfriend? Young 19-year-old girlfriend joined Yanran fund with Li Yapengs copywriting. Source: Red Star News Editor: Feng Xiaoyu_ NBJS12019