Recently, many citizens in Nanning reported that a few months ago, they signed up to learn martial arts at a martial arts gym in Yonghe Street, Liangqing District, Nanning City, and paid tuition fees ranging from more than 1,000 yuan to thousands of yuan in advance. The martial arts center suddenly closed, and the coach in charge of charging could not be contacted. Dozens of trainees suffered losses, with losses of more than 100,000 yuan. On September 15, the legal representative of the company to which the martial arts hall belongs responded that he was not aware of this.
The internal situation of the martial arts museum when it is open. Courtesy of respondents
Student: Before I went to class after paying the fee, the martial arts hall closed
On September 14, Mr. Lin, a student, introduced to reporters that at the beginning of March this year, he learned that there was a company called Honglong Guoshu Museum in Yonghe Street, Liangqing District, which opened at the end of last year, and the head coach Zhang Mou was a first-class coach with a professional Muay Thai background and good teaching ability. Honglong Guoshu Museum was opened for Guangxi Honglong Sports Development Co., Ltd. and was established on December 16, 2020. After Mr. Lin's field visit, he thought that the martial arts museum was more formal, so he paid Zhang a prepayment fee of 1800 yuan through WeChat transfer and applied for a one-year study card.
"I didn't even go to class, and the martial arts hall closed." Mr. Lin said that because of his work, after paying the fee for several months, he did not have time to go to class. Previously, Zhang said that the "one-year" deadline was calculated from the first class, so he wanted to wait for enough time to study. However, since mid-July, the martial arts hall has frequently closed classes, and Zhang mou explained that the time of the annual pass will be extended accordingly. After a while, the martial arts hall was completely closed.
Mr. Wang, who lives near the martial arts hall, introduced that in March this year, he saw that the coach Zhang Mou taught well, had a business license, and was close to home, so he let his 6-year-old son sign up for the martial arts hall and paid Zhang a prepaid 2680 yuan a year's study fee. Unexpectedly, the martial arts hall suddenly closed its doors. At the beginning, the trainees were also able to contact Zhang by phone, but recently they could not be contacted.
Receipt of the student's prepaid fee. Courtesy of respondents
Survey: Most of the trainees are primary and secondary school students, involving dozens of people
According to Mr. Lin, there are nearly 30 students who went to the martial arts hall with him to learn Muay Thai, mainly primary school students, junior high school students, and some adults, and the students all paid Zhang a tuition fee ranging from more than 1,000 yuan to 6,000 yuan, some with receipts, some without.
In June this year, Zhang Mou also borrowed money from different parents of students in his personal name on the grounds that he urgently needed money, and the amount of money borrowed ranged from a few hundred yuan to a few thousand yuan.
According to preliminary statistics, Zhang has collected tuition fees and personal loans paid in advance by students, such as nearly 160,000 yuan, involving more than 30 people.
On September 15, the client reporter of the Southern Morning Post saw that the signboard of the martial arts museum had not been removed, and the gate was closed. According to the landlord, the martial arts center has been in arrears for several months of rent, and now it is impossible to contact the relevant person in charge.
On September 15, the gates of the martial arts hall were closed.
During the interview, the reporter dialed Zhang's mobile phone number many times and found that he had been in a state of no one answering.
Zhang once showed a Chinese martial arts instructor card to the trainees. According to the documents, Zhang Mou's coaching project is martial arts sanda, and he was awarded a first-class coach by the Chinese Wushu Association in 2019.
Zhang Mou showed the Certificate of Chinese Martial Arts Instructor. Courtesy of respondents
Response: It is not clear about the operation of the martial arts center, and it will be handled after verification
A copy of the business license provided by Mr. Lin and others shows that the legal representative of the company is Yang Mou. What is the relationship between Yang and Zhang?
On September 15, according to Yang, he was a martial arts enthusiast who met Zhang while practicing boxing. At that time, Zhang said that he wanted to open a martial arts hall, but the funds were not enough, and he hoped that Yang would invest. Zhang claimed that he was responsible for managing the martial arts hall, and after there was income, he would return the funds to Yang, and Yang agreed.
"I don't know what zhang's situation is now." Yang mou said that out of trust in Zhang, after operating from the martial arts hall, he almost did not ask questions, did not know how many students Zhang brought, how much tuition fees were charged, until the parents reflected to him, did not know about this matter. In operation, as long as Zhang Mou proposed insufficient funds or urgent need for money, he would give financial support, but he never received Zhang Mou's money.
Since some of the students' parents paid the tuition fees by WeChat transfer, Zhang did not provide a stamped receipt, and only a few students held the receipt. Yang said that for the stamped receipt, the remaining class hours can be compensated or the remaining fees can be refunded according to how many classes have been attended; for students without receipts, they need to wait until they contact Zhang and verify the situation before processing.
For Zhang to borrow money, Yang suggested that the trainees take legal channels to solve it.
Yang said that at present, he is cooperating with the parents of other students to collect evidence to report to the police, and will also take legal channels to protect their rights and interests.
Lawyer: The prepayment has exceeded the prescribed amount, and the student can negotiate a refund with the company
According to Mai Yingxiong, a public interest lawyer for legal aid in the southern country, according to the relevant provisions of the Regulations on the Protection of Consumer Rights and Interests in Guangxi Zhuang Autonomous Region, the amount of a single bearer prepaid voucher provided by a legal person shall not exceed 5,000 yuan, and the amount of a single bearer prepaid voucher shall not exceed 1,000 yuan; the amount of registered prepaid voucher provided by other business operators such as self-employed households to the same consumer shall not exceed 2,000 yuan, and the amount of a single bearer prepaid voucher shall not exceed 500 yuan. Obviously, most of the prepaid tuition fees that Zhang originally collected from students exceeded the prescribed amount.
"There are two contracts in this case." Mai Yingxiong believes that the first is that the trainees and Guangxi Honglong Sports Development Co., Ltd. have a service contract for learning Qin Fist, and the contract stipulates the learning time, but the company has not completed the service period, and it will close down and stop providing services to the trainees, which constitutes a fundamental breach of contract. Therefore, the trainee can negotiate with the company to request a refund of the relevant fees, and if the negotiation fails, the trainee can file a lawsuit with the court to request the termination of the contract and the refund of the relevant fees.
The second is Zhang's act of borrowing money from the trainees in his personal name, which constitutes a loan contract, which has nothing to do with the company, and the company is not aware of Zhang's borrowing from the trainees, so the lending trainees can sue Zhang X to the court to repay the loan according to the evidence.
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