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A Sino-foreign joint venture wine enterprise owes about 7.93 million yuan, and the legal representative is "limited in height"

author:WBO Wines

Recently, the People's Court of Zhifu District, Yantai City, disclosed an announcement that Yantai Oulinjue Wine Co., Ltd. (hereinafter referred to as Oulinjue) executed the target 15857903 yuan and failed to fulfill the target 7928911 yuan.

In the investigation, WBO also found that the company's financial loan contract disputes, private lending disputes, bank card disputes, loan contract disputes and various debt disputes were found in Aiqicha. At present, Ou Linjue has become a dishonest person subject to execution, and his legal representative is "restricted". How did the company get to this point?

01

There were a number of debt disputes, including a loan of 3.98 million yuan, but only 10 yuan of principal was repaid

It is understood that Ou Linjue was established in April 2012, is a Sino-foreign joint venture wine enterprise, by Shanghai Runliang Trading Co., Ltd. and French Jonigu Co., Ltd. joint venture. According to Aiqicha, the company was involved in a number of debt disputes from 2019 to 2022. In 2021, Ou Linjue has borrowed money from Penglai Defeng Microfinance Co., Ltd., which shows that it is difficult for Ou Linjue to borrow money in the bank.

A Sino-foreign joint venture wine enterprise owes about 7.93 million yuan, and the legal representative is "limited in height"

A previous loan from Shandong Laiyang Rural Commercial Bank Co., Ltd. (hereinafter referred to as Laiyang Rural Commercial Bank). The loan period is from March 21, 2019 to March 18, 2020, and the borrowing interest rate is 9.4395% per annum, and the interest rate remains unchanged during the validity period of the contract. According to relevant sources, the benchmark interest rate of corporate loan interest rates in 2019 should be between 5% and 7%, and the rural commercial bank can rise by 30%, and its annual interest rate of 9.4395% is in a very high range.

Laiyang Rural Commercial Bank will pay the loan principal of 3.98 million yuan to the borrower's designated collection account on the day of signing the contract. After borrowing, Ou Linjue failed to repay the principal and interest of the loan in accordance with the contract, and as of April 21, 2021, he still owed the principal of the loan of 3,969,934.95 yuan and the interest of 826,700.22 yuan, with a total of 4,796,635.17 yuan of principal and interest. On September 9, 2021, Ou Linjue only repaid the loan principal of 10 yuan, and the remaining loan principal of 3,969,924.95 yuan has not been repaid. Subsequently, Laiyang Rural Commercial Bank sued Ou Linjue, the guarantor Wanxin Company, Luan, Zhao, Wang and others.

Since the above-mentioned persons involved in the case voluntarily signed the "Guarantee Contract" with Laiyang Rural Commercial Bank to bear joint and several liability guarantees for the above-mentioned debts, it was determined that the above-mentioned guarantors were aware of the fact that the loans involved in the case were repaid with new loans when they provided the guarantees. The court held that after the above-mentioned defendants assumed joint and several guarantee liability, they had the right to recover from Ou Linjue within the scope of their respective settlements.

In 2024, due to a number of debts, the company will become the person subject to execution, and its legal representative Wang will be applied for "height limit" by multiple units, individuals, and institutions in 2021, 2022, and 2024.

At present, Tianyancha shows that the company is still open, but it has been discontinued in 2020. At the same time, on the website of the Beijing Equity Exchange, Ou Linjue is seeking the transfer of creditor's rights assets.

A Sino-foreign joint venture wine enterprise owes about 7.93 million yuan, and the legal representative is "limited in height"

02

He was fined for illegally occupying land

According to relevant information, Ou Linjue's winery is located in Ou Linjue Vineyard Park, Yudian Town, Laiyang City, Shandong Province, with a registered capital of 90 million yuan and a total area of about 2,000 acres.

According to the disclosure of the judgment document network, in 2015, the Laiyang Municipal Bureau of Land and Resources applied for the enforcement of the administrative punishment of Ou Linjue, the person subject to execution. The reason is the newly built buildings and other facilities on the 2,362 square meters of land illegally occupied by Ou Linjue; and imposed a fine of 23,620 yuan.

A Sino-foreign joint venture wine enterprise owes about 7.93 million yuan, and the legal representative is "limited in height"

In addition, Tianyan check shows that Ou Linjue still owes 78,336 yuan in urban land use tax and 127.05 yuan in personal income tax in 2023. It is unknown whether the payment will be made back at this time.

As a Sino-foreign joint venture, foreign capital accounts for only 2%. At the same time, its official promotional materials show that it owns a winery in the Cahors region of southwest France, but the WBO has not found its specific winery name.

In addition, WBO saw a product called Ou Linjue Eleanor on its official public account, but this product has not been queried in major e-commerce companies. WBO also asked some importers and distributors, but they had not heard of this product.

WBO inquired on the website of an auction company about the auction information of Ou Lin Jue's related products in 2020: Ou Lin Jue Eleanor dry red 1800 bottles, Ou Lin Jue Valente dry red 2100 bottles, Ou Lin Jue Centurion dry red 3000 bottles. The reference price is 688,200 yuan. According to the auction information, the auction price is close to 100 yuan per bottle. And the company auctioned its products in 2020, most likely because of debt.

Since the beginning of this year, a number of wineries and wine companies have been "restricted" due to debts, and even the news of bankruptcy auctions has been disclosed. In the current environment, the wine industry is facing a difficult situation.

Some industry experts said that the company's crisis did not break out suddenly, it gradually fell into a debt vortex around 2019, and the difficult stage of the market environment in 2020 became the fuse that triggered the outbreak of its crisis. Coupled with the lack of brand power in the company's products. There is also a lack of product exposure in online and offline channels, a small market circulation scope of products, and no competitiveness in the industry knockout competition, which has led the company to this situation for a variety of reasons.

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