Shulou(Shulou.com)11/24 Report--

CTOnews.com December 30 news, 29 evening, Gome retail issued an announcement said, The company's subsidiary Gome recently received Beijing City First Intermediate People's Court notice, Shenyang Shengxingda Kitchen and Toilet Products Co., Ltd., Liaoning Supor Cooking Electric Sales Co., Ltd., Harbin Supor Cooking Appliance Sales Co., Ltd. and Changchun Supor Cooking Appliance Sales Co., Ltd.(collectively referred to as "applicants") on the grounds that Gome can not pay off the outstanding payment, They filed bankruptcy liquidation petitions against Gome to the court respectively.

Gome Retail said that after internal verification of the company, the applicant is the supplier of Dalian Gome Supply Chain Management Co., Ltd., Anshan Yongle Household Appliances Co., Ltd., Shenyang Gome Supply Chain Management Co., Ltd., Heilongjiang Gome Black Swan Supply Chain Management Co., Ltd. and Jilin Gome Supply Chain Management Co., Ltd., which are subsidiaries of the company.

The announcement also said that the applicant claimed that the above-mentioned subsidiaries owed a total of about RMB 4.706 million yuan, but these claims and debts have not been confirmed by effective legal documents. There is no direct business transaction between the applicant and Gome, and Gome does not owe the applicant the payment. Gome will object to the petition in accordance with Article 10 of the Enterprise Bankruptcy Law of the People's Republic of China, and the court will decide whether to accept the petition after the expiration of the objection period.

On November 29 this year, the Center for Important Cases of the Central City Court said on Weibo that Gome Electrical Appliances Co., Ltd. had been filed for bankruptcy liquidation with the bankruptcy court of the First Intermediate People's Court of Beijing City due to its failure to repay millions of dollars in arrears with suppliers, and the court had started review, chinanews. com reported. In this incident, the Center for Important Cases of Zhongcheng Hospital was entrusted by Gome's supplier to safeguard rights, which submitted Gome's bankruptcy application.

For Gome's announcement, the Central City Court Key Case Center issued a document on the 30th, saying that the era when large enterprises abused the independent status of corporate legal persons and limited liability of shareholders to evade debts has passed.

The Center for Important Cases of the Central City Court believes that the board of directors of Gome Retail is suspected of misleading investors. According to the provisions of Articles 2 and 7 of the current Enterprise Bankruptcy Law and relevant judicial interpretations, the creditor's right on which the creditor applies for the debtor's bankruptcy liquidation office only needs to be the due debt that has not been paid off, and the confirmation of the effective judgment of the court is not a necessary condition; In this case, all parties have signed a legal and valid agreement, and there are also evidence of actual performance, and the payment of Gome has indeed been obviously delayed, which belongs to the situation that the due debt cannot be paid off.

Secondly, the Gome announcement that there is no direct business transaction between the applicant and Gome does not conform to the facts. The supply agreement involved in this case is firstly a framework agreement signed by the superior units of both parties, and then an implementation agreement signed by specific units. Gome Electrical Appliances Co., Ltd. is the signatory to this framework agreement. Therefore, once the subsidiary company fails to pay on schedule, Gome Electrical Appliances shall bear joint and several liability for payment.

In addition, the third paragraph of Article 20 of China's current Company Law clearly stipulates that if the shareholders of a company abuse the independent status of corporate legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company, they shall bear joint and several liabilities for the debts of the company. Even though Gome has a complex system, many levels and a wide range of branches, in the end, it still uses Gome offline stores and online trading platforms to do electrical appliance middlemen, sharing a brand and being controlled by an organization center. It shows that the white dot is the entity controlled by Huang Guangyu family. In the face of debt, it should be treated as a whole, otherwise, large enterprises are easy to maliciously use the independent legal person status of the company and the limited liability of shareholders to evade debts, while most of the suppliers who are owed are small, medium and micro enterprises, which are in an isolated and weak position. In the long run, the business environment will be destroyed destructively.

The Center for Important Cases of the Central City Court also said that in this case, the four so-called subsidiary companies responsible for the specific execution, after the plaintiff's litigation preservation measures, can be seen that the book only dozens of yuan, as if it is empty shell, no property for execution, they are just the entities controlled by Gome headquarters, completely lost independence, Gome even Gome retail should bear joint responsibility for their debts.

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