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Disputes over millions of assets: brawls, verdicts, lies, and the helplessness of third parties

author:Cambodia single network APP

At the Jinwanguan Market, 20 kilometers from No. 4 Road in Ganla Province, the iron door of the Zhonghai Construction Building Materials (Phnom Penh) Processing Plant was closed, and the once bright and neat propaganda materials were broken due to wind and rain, leaving only a little building material at the door. It is understood that the store has been seized by the primary court of Ganla Province.

The three former Chinese partners, Duan Yongping, Xiao Qiuhe and Xing Xibin, are now unhappy and scattered, facing the court. Among them, Duan Yongping and Xiao Qiuhe had a conflict, which gradually escalated to accusing the other party of stealing materials, intentionally injuring and even the relatives of one party being sentenced to prison, and eventually led to the closure of the factory's suspension of stores. Xing Xibin, one of the shareholders who invested 500,000 yuan, and Su Zong, the manager of the store, were very helpless about this and hoped that they would solve the problem as soon as possible.

On December 2, Duan Yongping contacted a reporter from Cambodian Single Network. However, in the process of investigation, the Cambodian single network reporter found that the two sides had their own opinions.

Investigative reporter: Xie Shanlong Wei Qimeng

Two verdicts

Former partners have been courted many times

On September 20, 2019, Duan Yongping leased a façade of Jinwanguan Market, 20 kilometers from No. 4 Road, to deal in resin tiles and building materials. In November, Xiao Qiuhe and Xing Xibin officially joined, and the three began to cooperate in the production and sales of steel. In the first few months of the company's normal operation, Xiao Qiuhe was mainly responsible for production, Duan Yongping was responsible for sales and finance, and Xing Xibin invested 500,000 yuan.

From the financial statements sent by Duan Yongping to Xiao Qiuhe, it can be seen that every input, expenditure and income are in order, the purchase of equipment and materials, the rental and decoration of store plants are all advancing in an orderly manner, and the operating income is gradually increasing.

Although there have been some disputes due to the theft of store materials and the belief that the other party has reported false accounts, the company's operation as a whole is still developing in a good direction. But last June, Duan Yongping returned to China, and the contradictions between the two sides suddenly developed to a fever pitch. Among them, two verdicts are the key.

On June 29, 2020, Duan Yongping's fellow villager Duan Yuxing beat Xiao Qiuhe and was sentenced to two years in prison. On January 18, 2021, Duan Yongping's uncle Duan Tongxiang was sentenced to 1 year in prison for removing store materials.

Disputes over millions of assets: brawls, verdicts, lies, and the helplessness of third parties

Duan Yuxing's court judgment

In the "Fact Sheet" sent by Duan Yongping to reporters, it was written: After I returned to China in June, some employees informed Xiao Qiuhe that he had repeatedly secretly sold goods and materials, taken the factory business for himself, and wanted to encroach on the assets of his and Xing Xibin's factory.

Xiao Qiuhe, on the other hand, retorted tit-for-tat: After Duan Yongping left, he let his compatriot Duan Yuxing manage the factory stores. But as soon as Duan Yuxing arrived at the factory, Duan Yongping cleared all the bank cards that he had given him before returning to China. Duan Yongping admitted that there was such a thing, but said that the reason was that Xiao Qiuhe's expenses did not meet his expectations.

The conflict intensified, eventually leading to physical clashes between Duan Yuxing and Xiao Qiuhe, which were later ruled by the court that Duan Yuxing would need to be imprisoned for two years for intentional injury, and that he would be serving his sentence on June 29, 2020. More than twenty days later, Duan Yuxing was released.

In late July, Xiao Qiuhe and several people went to the factory to lock the factory, on the grounds that "Duan Yuxing stole the materials and equipment from the factory." It was later dealt with by the police and sealed up due to controversy. However, both sides accused the other of continuing to sell equipment and materials in the factory.

Disputes over millions of assets: brawls, verdicts, lies, and the helplessness of third parties

Locked factory doors

On January 28, 2021, Duan Yongping's uncle Duan Tongxiang went to the store to pull goods at the behest of Duan Yongping, and was again intercepted by Xiao Qiuhe and his car. After the alarm was handled, it was handed over to the court, after which the court ruled that Duan Tongxiang stole the company's materials and was sentenced to one year.

Although both sides have repeatedly called the police and even filed a lawsuit against the court, there are countless disputes about the ownership of the storefront, the factory, or the allegations of stealing materials.

Two diametrically opposed stories

Who's lying?

Whether it is the ownership of factories and stores, or mutual accusations of stealing and selling materials and equipment, all the contradictions begin with the contract that was not signed in time. After Xiao Qiuhe and Xing Xibin were invited by Duan Yongping to join the company in November, the three parties did not sign a contract in time to clarify their respective investment shares and profit distribution, resulting in a lack of conclusive evidence after the dispute arose.

In the narration of the incident, the two sides have completely opposite interpretations on many issues, and even the time of acquaintance is different. Based on the relevant evidence provided by both sides, the Cambodian single network reporter sorted out two key points.

First, who does the store, factory, materials, and equipment belong to?

Duan Yongping said in the "Fact Sheet" that he rented the storefront on September 20, 2019, and met Xiao Qiuhe on September 27, while the cooperation with Xiao Qiuhe began in November and was limited to the factory, and the store should belong to him.

Disputes over millions of assets: brawls, verdicts, lies, and the helplessness of third parties

Before and after comparison of stores

However, Xiao Qiuhe and Xing Xibin both pointed out that Duan and Xiao met in China. And the deposit of 2,000 US dollars paid by renting the storefront (later as rent), and the decoration cost of the storefront of 2,000 US dollars are part of the company's expenses, which are recorded in the "Duan Yongping Flowing Account" sent by Duan Yongping to Xiao Qiuhe, which shows that the storefront does not belong to Duan and Xiao any one, but belongs to the company of three people.

According to the "Shareholder Investment Table" sent by Duan Yongping to Xiao Qiuhe, Xiao Qiuhe invested a total of nearly 1.25 million yuan, including equipment costs, purchase of materials and 100,000 yuan in cash.

However, Duan Yongping said that the prices of equipment and materials were provided by Xiao Qiuhe himself, and had not yet been confirmed by shareholders, and the table was only used as a record.

As for the investment of 100,000 yuan, Duan Yongping admitted that he had received Xiao Qiu and 100,000 yuan, but it was a mistake to write it as a shareholding, because the 100,000 yuan was lent to the company by an employee (the "old third" in the group chat) through Xiao Qiuhe, that is, the funds had been transferred to Xiao Qiu and his son Xiao Cong's account. So Xiao Qiuhe did not have cash to buy shares.

Xiao Qiuhe denied this statement: the 100,000 yuan he invested in was not the same as the 100,000 yuan lent by employees to the company. However, no evidence has been provided.

However, it is obvious that Duan Yongping's statement in the "Fact Sheet" that "taking shares with old equipment" is inconsistent with the facts, and Xiao Qiuhe's investment share includes at least two parts: equipment and materials.

According to the existing evidence, it can be seen that the stores, factories, equipment and materials are all joint investments of the three parties and should belong to the company's property.

Second, who is stealing equipment and materials from factories and stores?

Duan Yongping, Xiao Qiuhe all said that the main reason for the conflict was that the other side stole materials and equipment from stores and factories.

Disputes over millions of assets: brawls, verdicts, lies, and the helplessness of third parties

Xiao Qiu and Intercept Duan Yuxing handled factory materials

Both sides provided some evidence and witnesses.

Duan Yongping provided witness Lin Mou, Li Mou's factory building is one kilometer away from Xiao and Duan factory, after the original plant was sealed, xiao Qiuhe was introduced to the factory next door to him, he said that he had repeatedly witnessed Xiao Qiuhe move the factory equipment that had been sealed into his current factory for sale or self-use, and pointed out that the equipment sold by Xiao Qiu and the circle of friends and the equipment in the current plant were the equipment in the factory they cooperated with. But Xiao said Li denied this in the confrontation with him. Li cannot be contacted at this time.

Xiao Qiuhe provided videos and photos, and in the middle of the video, Duan Yuxing was transporting materials and was intercepted by Xiao Qiuhe. At the same time, it means that the equipment sold belongs to itself.

Regarding the materials carried by Duan Yongping's uncle Duan Tongxiang on January 18, 2021, the court ruled that there were indeed Xiao Qiuhe's materials in the storefront, and Duan Tongxiang constituted theft and was sentenced to one year in prison.

Disputes over millions of assets: brawls, verdicts, lies, and the helplessness of third parties

Xiao Qiu and the vehicle stopped in front of Duan Tongxiang driving the vehicle

Duan Yongping questioned the judgment: the judgment said that Duan Tongxiang had 70 tons of original materials, and finally only 5 tons were left, but there were no 70 tons of materials in the storefront, where did this data come from? Moreover, the chat records provided by Duan Yongping with the store manager Su Zong show that the police had informed Su Yongping that Duan Yongping had the right to operate normally and the store.

However, Duan Yongping did not obtain an official notice from the police, and did not notify Xiao Qiuhe to transport the materials, because he believed that the materials and storefront belonged to him. Although he expressed dissatisfaction with the verdict, Duan Yongping did not choose to continue to appeal.

The manager of the store, Mr. Su, told reporters that he was completely "a god fighting mortals suffered", and the store received a total of 3456 US dollars in rent in 2020, but after the store was closed, even if many people intended to rent a house, they could not carry out it, and the loss was very large. Xing Xibin, another shareholder of the company, is also hoping that Duan and Xiao can solve the problem as soon as possible and not let their 500,000 blood be lost.

Nowadays, the factory and the store have been sealed for a long time, and there is not much equipment and material left, and the seals posted on the door of the store have been weathered to the point that they have almost fallen off, leaving only the advertising banners on the side of the road next to the factory, and also recording the years of cooperation between Duan Yongping and Xiao Qiuhe...

(This content is the original work of the "Cambodia Single Network APP" client, please contact customer service Xiao Qian for authorization, reproduced without permission, it will be regarded as plagiarism infringement)

【Further reading】

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