Counterfeit bill becomes key evidence; Zhiming lawyer helps Shanxi coal company recover huge assets.
After the verdict was handed down, Wang Mougang quietly opened his phone and sent a text message to Jia Runlian, a lawyer at Guangdong Zhiming Law Firm: Thank you!
In 2008, Wang Mougang, the legal representative of Jinmou Coal Industry Co., Ltd. (hereinafter referred to as "Jinmou Company"), was introduced to Ma Mouping, the legal representative of Senmou Materials Trading Co., Ltd. (hereinafter referred to as "Senmou Company"), and they began cooperating: Senmou Company purchased clean coal from Jinmou Company through cash, bank drafts, and other means. After several rounds of cooperation, Jinmou Company received a 5 million yuan bank draft issued by Senmou Company. Subsequently, when Jinmou Company demanded payment for the goods, Senmou Company responded with evasive and perfunctory excuses. Left with no alternative, Wang Mougang, the legal representative of Jinmou Company, entrusted Jia Runlian, a lawyer from Guangdong Zhiming Law Firm, to file a lawsuit against Senmou Company in court.
In court, Ma Mouping, the legal representative of the defendant Senmou Company, argued that the plaintiff Wang Mougang had conducted clean coal transactions with Senmou Company and that the issuance of the fake draft was the act of an individual employee of Senmou Company, unrelated to himself. Lawyer Jia Runlian refuted this in court, stating: According to Article 74 of the "Payment Settlement Measures" issued by the People's Bank of China, commercial drafts can only be used between legal entities and other organizations that have opened deposit accounts in banks if there is a genuine transaction relationship or creditor-debt relationship. Therefore, the defendant Ma Mouping's commercial conduct was in the performance of his duties, and thus the losses of the plaintiff Jinmou Company should be borne by the defendant Ma Mouping.
In the end, the court adopted the litigation opinion of attorney Jia Runlian and ruled that Senmou Company must repay the货款 and interest to Jinmou Company, thereby recovering significant losses for Jinmou Company.
