In 1994, Cao Dewang, the founder of Fuyao Glass, stood in the defendant's seat and patiently stated that when he heard the court chief Sun Yimin mocking "you Cao Dewang is better than a lawyer", Cao Dewang's anger could no longer be contained. Cao Dewang pointed at Sun Yimin and angrily rebuked: "I know you took 2 million packs and they won, don't think I will surrender." ”
In fact, in terms of fighting lawsuits, Cao Dewang is not an ordinary person, he has won anti-dumping lawsuits with the United States and Canada, and has become the "first person to win a lawsuit" after China's accession to the WTO. Cao Dewang has been operating in good faith all his life and is committed to building Chinese his own national glass brand. China's first good, the glass king, the Buddhist merchant, are all the labels on Cao Dewang's body,
But why would such an excellent entrepreneur of a national entity lose a lawsuit at his doorstep?
<h1 class= "pgc-h-arrow-right" > first, good things become bad</h1> things
In 1991, Fuyao Glass raised more than 20 million yuan just after its listing. Cao Dewang was so rich for the first time, and he didn't know how to spend it. Employees have offered ideas, some say real estate, some say car maintenance, and some say it's hot and do the Internet. Finally, the local leaders hoped that Cao Dewang could build an industrial village for his hometown, and Cao Dewang agreed without saying a word.
In order to support Fuyao Glass, the local government contributed 500 acres of land. The leaders also introduced Fujian First Construction Company (later known as "Provincial First Construction") as the general contractor of the project. The overall planning of Fuyao Industrial Village is very clear, with factories and dormitories as the core, and supporting measures such as gas stations, commercial and trade centers, and highways are built in the surrounding areas. Local leaders expect that Fuyao Industrial Village will be made into an image project of Fuqing City.
But things have gone wrong on the side of the province.
1. Illegal outsourcing
Normally speaking, the project should be constructed by the engineering team directly under the provincial first construction, but the first thing that the provincial first construction did after getting the first advance payment from Fuyao Glass was to outsource the project to a third party.
2. The operation is not standardized
According to the operating specifications, the concrete must be poured at close range, but the province poured cement from the ground into the ground 5.5m deep, resulting in uneven cement coverage and honeycomb-shaped everywhere.
3. Serious delay in the construction period
The original 18-month project was built in 2 years.
4. Unqualified acceptance
When Cao Dewang went to the scene to inspect, he found that the beams and columns of the foundation were also crooked and oblique, and the leakage was very serious.
Cao Dewang sent someone to inform the provincial first construction of the breach of contract, and xia zong of the provincial first construction apologized one after another after seeing the project, and wrote an apology letter. Later, Cao Dewang proposed that the provincial construction withdraw from the project, repair the unqualified places, and then pay the balance, and the other party initially agreed. But later, when the construction team of the provincial construction team entered the site again, it was found that the balance was only a few million, and the maintenance of the basement cost at least 8 million, and the provincial construction decided to fight a lawsuit to get the balance, so the engineering team stopped working only two days after entering the site.
Youfuyao's employees reported to Cao Dewang that there was a foreman surnamed Zhong in the province, and his classmates were the president of the court, saying that they could win the case with 2 million yuan.
Cao Dewang did not take it seriously after listening to it, but he did not think that 2 million could reverse black and white!
<h1 class= "pgc-h-arrow-right" > second, Cao Dewang lost the case</h1>
A week after the suspension of work in the province, Cao Dewang received a summons from the court. The content of the summons is: Provincial Yijian sued Fuyao Glass for arrears of project payments.
After receiving the summons, Cao Dewang went to the lawyer appointed by the court and asked what materials were needed, and the lawyer said that no materials were needed. Cao Dewang's intuition felt wrong, because normal legal defense needs to be defended, why would this lawyer ask for nothing to prepare?
On the day of the court defense, the lawyer appointed by the court basically did not make any defense, but Cao Dewang, who was standing in the defendant's seat, kept giving evidence. Cao Dewang claimed: "The provincial construction default is first, and the contract is 31 million, including the basement and the two floors above the ground." Now that the basement has not been completed, Fuyao has already given 33 million. ”
But the court's presiding judge, Sun Yimin, avoided the heavy and said, "I only ask you if you are in arrears in the payment of the project?" ”
Cao Dewang argued according to reason: "The other party breached the contract, the facts are clear, and there is also an apology letter from the provincial first jianxia general." ”
Sun Yimin said contemptuously: "Cao Dewang, you are better than a lawyer!" ”
Cao Dewang heard the voiceover, and the employee reported that it was indeed correct, there were lawyers in front of him who did not cooperate, and now the president of the court is sheltered in court. Cao Dewang's anger could no longer be suppressed, and he pointed directly at the court chief Sun Yimin and roared angrily: "Didn't you just collect 2 million yuan for me to lose?" Hit the United Nations and I will fight! ”
But Cao Dewang's anger was to no avail, and two days later, the court's verdict came down, and Fuyao lost the case and had to pay the project money. Cao Dewang appealed later, but was beaten back.
< h1 class = "pgc-h-arrow-right" > third, Cao Dewang's counterattack</h1>
At this time, a friend of the Beijing law firm told Cao Dewang that since the court only cared about the project money, you would sue him for the quality of the project. Find the most authoritative institution in China to do quality appraisal and see how the province responds to the lawsuit.
Subsequently, Cao Dewang invited the State Administration of Technical Supervision to do the appraisal and filed a lawsuit for preservation. "Litigation preservation" means that in order to ensure that the defendant has sufficient funds to compensate the plaintiff, the assets of the defendant will be frozen.
Some time ago, Tesla sued a few network big V to use the self-media platform to publicly slander Tesla, demanding 5 million compensation and applying for litigation preservation. For a time, "litigation preservation" became a hot word, in fact, 20 years ago, Cao Dewang was already using it. The purpose of Cao Dewang's lawsuit preservation is to freeze the final payment of Fuyao to the provincial first construction, and then use the compensation to pay the final payment of the provincial first construction after winning the lawsuit.
This time, Fuyao won.
The province was not willing, and they also had 2 million "pleased" Sun Yimin. However, this time Sun Yimin did not dare to make another time, and finally the Supreme Court came forward to adjust, and Cao Dewang and Provincial Yijian each took a step back.
The Fuyao Industrial Village project, which was started in 1994, was originally scheduled to be completed in two years, and finally dragged on to 2000. The leak in the basement was finally repaired by Cao Dewang with other engineering teams.
<h1 class="pgc-h-arrow-right" >4</h1>
Afterwards, some people counted the fuyao industrial village project, and fuyao group paid nearly 100 million yuan in expenses, and wasted 6 years of time. Some people say that Cao Dewang is too real, some people say that he should have a relationship earlier, and some people say that Cao Dewang is used to it.
Cao Dewang's response was: "I am not for money, I am for a truth." ”
Cao Dewang founded Fuyao Group in 1987, and now has surpassed Japan's Asahi Whistle to become the world's largest automotive glass manufacturer, Cao Dewang relies on integrity management. If we retreat and tolerate it, can Fuyao Group still become the vanguard force of China's industry?
As Cao Dewang firmly believes: fairness and justice are never late.