Qin Liang (pseudonym), 26, got off to a painful start in 2006. In his senior year, he made a mistake in business and got into a lawsuit. This case, which has been entangled for two years, was finally decided in the second instance recently, and Qin Liang was in legal debt of 6,543,800 yuan.
This is undoubtedly a heavy burden for Qin Liang. He is still unemployed after graduation, but he is infatuated. His dream is still to find opportunities to start a business.
Yesterday, the reporter learned from the only "angel fund" supported by the municipal government that the fund management institutions are strengthening the legal protection of entrepreneurial college students, thus reducing legal risks.
Senior students boldly start their own businesses.
When he was a senior at Shanghai University in 2003, Qin Liang got in touch with Shanghai Meitian Communication Engineering Equipment Co., Ltd., the first-class agent of China Unicom Shanghai Branch, and learned that Meitian was going to promote CDMA campus card business. Qin Liang believes that teachers and students can be mobilized to buy, and profits are almost at your fingertips.
Qin Liang and several students also mobilized their parents to set up a company because America asked them to sign an agreement with the company. Unable to resist the child's pleading, three laid-off mothers registered Shanghai Xiangyun Technology Consulting Co., Ltd. in the Economic Development Zone.
In March, 2003, Qin Liang, Xiangyun Company and Shanghai Meitian signed "CDMA Campus Card Group User Sales Agreement", which stipulated that Xiangyun Company would develop CDMA mobile phones and UIM cards in Shanghai universities for bundled sales, and Xiangyun Company would be responsible for ensuring the authenticity of campus card user data and fulfilling the agreement. Users must purchase with student ID cards and teacher ID cards, one for each person, and so on. If Yunyun Company develops false users, Meitian has the right to stop, and all the arrears of unqualified users shall be borne by Yun Yun.
With the help of classmates and teachers, Qin Liang's "business" immediately flourished. Qin * * * has developed 465,438+096 households. According to the agreement with Meitian, Qin Liang and Xiangyun Company can get a return of 654.38 million yuan.
However, just after Meitian paid Qin Liang 20,000 yuan, from June, 5438 to February, 2003, China Unicom discovered that hundreds of customer data submitted by Xiangyun were false, some of which were not campus users at all, and their ID cards were fraudulently used by others, which eventually led to a large amount of arrears.
To this end, Meitian compensated 442 bad users of China Unicom for more than 520,000 yuan in arrears, and China Unicom also deducted 280,000 yuan and 80,000 yuan in mobile phone subsidies from 406 fake users and bad users of Meitian.
Meitian sued Xiangyun Company and Qin Liang to the court, demanding to bear the above compensation, and compensated Meitian for the subsidy difference of 406 fake and shoddy mobile phones of more than 60,000 yuan, the price of unreturned mobile phones of more than 6,543.8+0.5 million yuan and the card payment of 565.438+0.000 yuan, totaling about 6,543.8+0 million yuan.
One person bears all the debts.
The court of first instance found that Qin Liang signed a sales agreement with Meitian in the name of Xiangyun Company and mobilized dozens of students and teachers to introduce users, but employees of Xiangyun Company did not participate. Therefore, Qin Liang and Xiangyun Company * * * are liable for compensation of 6,543,800 yuan.
Although many people still do business with Qin Liang, Qin Liang doesn't want to implicate others because the agreement with Meitian was signed by the official seals of Qin Liang and Xiangyun. Xiangyun Company was originally established for starting a business. Due to operating losses, its business license has been revoked, so Qin Liang became a debtor.
Qin Liang refused to accept the verdict. He claimed that he couldn't tell the authenticity of the certificate with the naked eye, and he didn't expect someone to cheat him with false certificates. In addition, Meitian's staff is in the business acceptance area, and Meitian Company also has special instruments to identify the authenticity of the certificate. However, Meitian requires itself to bear all the losses, which is obviously unfair in the formulation of the agreement. Therefore, he appealed to the Second Intermediate People's Court for a change of sentence.
Qin Liang, who didn't find a job two years after graduation, applied to the court for deferring legal fees due to difficulties in life, and the court granted it. However, the Second Intermediate People's Court upheld the original judgment after trial. Qin Liang didn't earn a penny, but he was in debt of more than 654.38 million yuan.