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Attorney Abby Successfully Represented a HK Client Won a Loan Case Worth 30 Million Yen

In 2018 and 2019, a Hong Kong client lent tens of millions of yen to the Japanese company, and the shareholders of the company were required to report regularly on the use of the funds and the balance of the company's deposits, among other things. However, the shareholders of the company failed to comply with the agreement, neither informing the company of the current situation nor repaying the money to the Hong Kong client. The Hong Kong client instructed his solicitor to issue a lawyer's letter to them, but the other party did not respond.



The Hong Kong client had no choice but to contact Abby Wang and her legal team and instructed our lawyers to file an arbitration case with the Arbitration Court, demanding the company and the shareholders for repayment of the loan together with interest and legal fees, etc. The Arbitration Court eventually upheld all our arbitration claims.


In this case, the Japanese company and several shareholders owed the Hong Kong client 30 million yen plus interests. As the other party is a Japanese company and the shareholders are in various cities in Japan and China, it was difficult for our client to defend its rights and recover the loan.


After receiving the assignment, our attorneys quickly clarified the legal relationship of the case and thoroughly studied the legal issues of the joint and several liability of the company and the shareholders and the assignment of debts. In order to ensure the smooth progress of the case, our lawyers actively planned the assignment of claims, investigation of debtor information and other matters, and timely filed the arbitration petition and obtained the arbitration court's decision that the arbitration agreement was valid, which laid the foundation for the court to later invalidate the arbitration agreement filed by one of the shareholders in bad faith.


In this cross-border loan dispute case, our lawyers also encountered many difficulties, but finally, with professional ability and rich experience, we successfully resolved them one by one.


For example, if the company borrowed money and the money should be used for certain business activities, and the agreement stipulated that the shareholders had the obligation to report, but the shareholders failed to comply with the agreement, can the shareholders be held jointly and severally liable for the company's borrowing?


For this focus issue, our lawyers conducted case searches and legal research, and ultimately submitted legal documents to the arbitral tribunal to support our claim.


Another example is that one of the shareholders, after receiving the notice from the Arbitration Court, filed a lawsuit with the court in bad faith to delay the case, asking the court to confirm that the arbitration agreement is invalid and to withdraw the arbitration case we filed.


Because our lawyer applied to the arbitration court in advance to confirm the validity of the arbitration agreement, and the arbitration court also made a decision to determine the validity of the agreement in accordance with the law, the court, after being informed of this matter by our lawyer, dismissed the other party's lawsuit in accordance with the law, speeding up the judicial procedure in this case.


This case fully demonstrates our lawyers' ability to accurately grasp the crux of the case, find out the entry point, and clarify the legal logic, and the professionalism, meticulous preparation and excellent performance of our lawyers have greatly defended the interests of client and won high praise from client.

 

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Mobile: +86 133 4293 1852 Larry

WhatsApp:+86 133 4293 3571 Tammy

E-mail:shichao.zhou@landinglawyer.com

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