Is it true that Jiangxi Fenghe construction group has been sued for maliciously encroaching on the bidding deposit for four years?

Jie Jiagang, general manager of Jiangxi Fenghe Construction Group Co., Ltd. (Image Source: Jiangxi Fenghe)

Jiangxi Fenghe Construction Group Co., Ltd. is a family-owned company headed by chairman Jie Bao Ru and general manager Jie Jian gang. The company has a registered capital of 0.3 billion yuan, which is a large private enterprise in Jiangxi. Recently, the defendant went to court on suspicion of encroaching on another person for a deposit of more than 0.3 million yuan for four years.

In June December 2012, Zhang, a builder in Danzhou, Anhui province, commissioned his friend sun to search for a construction company and decided to bid for a real estate development project in Yinzhou city, Anhui province. With the help of Zhu, Jiangxi Fenghe Construction Group Co., Ltd. agreed to participate in the bidding for the project. Both parties agreed that, if the project won the bidding, Zhang would pay 1.3% of the marked price to Jiangxi Fenghe group as the management fee; if the bid is not received, the deposit of 2.8 million of the bid and the risk of the letter of guarantee shall be refunded to Zhang.

Zhang undertook all the expenses for bidding, and paid 15 thousand yuan for the staff of Jiangxi Fenghe Construction Group Co., Ltd. to participate in the bidding.

However, after the opening of the bidding, Jiangxi Fenghe Construction Group Co., Ltd. did not win the bidding, and they ranked second among the bidding companies. Xu Xuming, the legal representative of Jiangxi Fenghe Construction Group Co., Ltd. Anhui Branch, asked Zhang to report the first winner. Zhang did not agree. "Most people who participate in the bidding are local people who know each other and report to others. Later, Xu Ming insisted on reporting, and we reported the report, but no problems were found after the investigation by the relevant departments. Jie Xuming was very unhappy, so he deducted my so-called 40 thousand yuan service fee on the grounds of causing losses to their company. I was forced to endure in order to get back the deposit, but Jie Xuming was not satisfied yet, and then I deducted 2.8 million yuan from the deposit of 0.35 million yuan, which has not yet been returned to me. We have asked for it many times, but Xueming won't give it, and then the phone will not receive it ."

On October 11, the reporter attended the trial. James revealed that he deducted the money to compensate for the loss of his expected interests.

The judge questioned: if the company did not win the bid, how could Jiangxi Fenghe Construction Group Co., Ltd. cause economic losses?

Jie Xuming replied that if they win the bid, they will get 1.3% as the management fee. If Zhang reports the first place according to his requirements, he will become the winner and realize his expected benefits.

Zhang's attorney pointed out: the fact that Fenghe construction group in Jiangxi province did not win the bid is true. Even if he reports the first winner, he may not be able to report the bid. Even if he reports the bid, the second winner won the bid, because there is also the possibility of rejection of the subject; in addition, assume that Jiangxi Fenghe Construction Group is the winning bidder, the third, fourth, or even the first reported person may report back to Jiangxi Fenghe Construction Group Co., Ltd. Of course, these are all assumptions, and the expected benefits proposed by Xueming are also hypothetical, and the law cannot hold on. The fact that Jiangxi Fenghe Construction Group Co., Ltd. did not win the bid was not a result of the loss. They should refund the money they did not belong to Zhang. In comparison, Zhang has suffered tangible losses due to his logo placement ."

In court, Zhang angrily said: "I have invested a lot of money in this project and have not won the bidding, we also paid RMB 40 thousand in service fees and RMB 15 thousand in service fees to Fenghe Construction Group Co., Ltd. of Jiangxi province. In addition, we also paid a lot of hospitality fees. I am good enough for you. You asked me to report the first winner. Why don't you report it yourself? How many hundred thousand should I be deducted for this reason? Is there such an industry rule ?"

Figure: bad records of Fenghe construction group in Jiangxi province during the period from

It is understood that Jiangxi Fenghe construction group Anhui branch was registered soon after the establishment of the legal person Jie Xuming left, during this period, due to integrity and other issues they did not receive project in Anhui. The reporter found in the Hefei City Bureau that the company had no tax records in Anhui. Fenghe Construction Group of Jiangxi province refunded Zhang's tender deposit three months after the opening date. After several reminders from Zhang, the deposit was returned.

Four years later, Zhang repeatedly urged the money to be encroached on, but Jiangxi Fenghe construction group had been dragging on.

On the day of the trial, Jiangxi Fenghe construction group commissioned a staff member to unveil the cloud and propose a negotiated solution, but she did not show sincerity.

The reporter called to uncover the cloud and heard the reporter ask about the matter. First, I chatted briefly. Then, if no answer was given to the question raised by the reporter, she said that the phone would be suspended if the signal was bad. Then I will not answer the reporter's call. The reporter also contacted Jiangxi Fenghe Construction Group chairman Jie Bao Ru and general manager Jie Jiangang and Jiangxi Fenghe construction group Anhui branch original manager Jie Xuming, but they did not answer the reporter's phone number, reporters sent text messages to receive interviews, and they did not reply.

At present, the court has not yet made a decision on this case. I believe it will take a long time to understand this case. This newspaper will continue to pay attention to the problems related to the continued delay of litigation and integrity management of Fenghe construction group in Jiangxi province.

Source: China Internet rule of law