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The case of a dispute over the transfer of shares between Zhou and Zou.

Case Name: A Case of Dispute over Equity Transfer between Zhou and Zou

Cause of action: equity transfer dispute

Category: Equity Transfer

The verdict: all of Zou's claims were rejected, safeguarding the interests of the client.

　　Difficulties in the case:

1. What is the nature of the Equity Transfer Agreement signed by the parties?

2. Does the plaintiff have the right to unilaterally request the termination of the Equity Transfer Agreement and the refund of the capital contribution?

3. Is there a factual and legal basis for the interest, liquidated damages and attorney's fees claimed by the plaintiff?

Basic case: On August 6, 2022, the original and the defendant signed the Equity Transfer Agreement, stipulating that the defendant was a shareholder of a foot bath city in Xishan District. The project investment was 2.2 million yuan, accounting for 100 of the company's total share capital. The defendant was willing to sell 220000 yuan of shares to the plaintiff, accounting for 10% of the company's total share capital. The plaintiff promised to transfer the contract shares in cash: after negotiation between both parties, the purchase price of the shares was 220000 yuan. If the plaintiff breaches the contract and the contract cannot be performed, it shall pay 5% of the total contract price to the breaching party. On August 4, 2022, the plaintiff transferred 210000 yuan to the defendant. On November 18, 2022, the Foot Bath City opened. During the operation, the defendant sent the plaintiff several times relevant data on the operation of Yuelai Foot Bath City in Xishan District. On July 25, 2023, the defendant transferred 9637 yuan to the plaintiff. On September 8, 2023, the defendant transferred 10649 yuan to the plaintiff. However, the two parties are in fact a partnership, the nature of the Equity Transfer Agreement should be a partnership agreement, there is no withdrawal agreement between the two parties, and there is no settlement or liquidation of the withdrawal. In the end, the first instance supported our relevant claims and rejected all of Zou's claims.

Legal Tips: Relevant evidence should be kept in time and legal weapons should be taken up to protect their rights and interests.

Lawyers handling the case: Chai Lin and Li Xue

Professional field: partnership contract disputes

Industry field: civil and commercial

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A case of a dispute over a decoration contract between a company in Shantou and a company in Xishan District