Ma Yi, who claimed to be the founder of South Beauty, sued Zhang Lan, the chairman of South Beauty, to the Chaoyang District People's Court in Beijing for a contract dispute. The court said that since the case was filed in September, Zhang Lan had never been contacted and the summons was returned, so the rumor of Zhang Lan's "mysterious disappearance" came out.
According to the statement released by South Beauty yesterday, Zhang Lan, the chairman of the board of directors, is undergoing knee treatment, which is not the so-called mysterious disappearance.
South Beauty said in a statement that the company has contacted Ma Yi and will actively assist the judicial department to properly handle it. Zhang Lan is being treated for his knee, which is not the so-called mysterious disappearance. His son Wang Xiaofei also confirmed this statement to reporters in Weibo.
Although South Beauty issued a statement, it was still difficult to issue a subpoena. The reporter from the National Business Daily learned from the Chaoyang court that the court only has the Zhang Lan household registration address and mobile phone given by Ma Yi at that time. However, the mobile phone could not be connected and the account address was cancelled. Unless Zhang Lan takes the initiative to contact Chaoyang Court, the summons cannot be issued. "Although South Beauty made a statement, they didn't say which hospital Zhang Lan was in and didn't contact the court. As for the address and telephone number given by Ma Yi at present, we can't contact Zhang Lan. " .
According to Ma Yi's introduction when he filed the case in September, he was one of the founders of South Beauty, and left his job many years ago for physical reasons. From June 5438 to February 2004, he signed two resignation compensation agreements with Zhang Lan and South Beauty, one of which stipulated that Zhang Lan, as the legal representative and major shareholder of the company, voluntarily promised to give him appropriate compensation in his own name to ensure the realization of his economic interests. Among many compensations, it is agreed that Zhang Lan will transfer a house in Chaoyang District to him, and the house loan will be borne by Zhang Lan.
Ma Yi said that after the signing of the agreement, he has been living in the house under the name of Zhang Lan, and the loan of the house has also been paid in Zhang Lan, but he has not gone through the transfer formalities so far.
Yesterday afternoon, the reporter sent a short message to ask Zhao Wei, the person in charge of South Beauty, whether South Beauty wants to settle, when Zhang Lan will solve the property dispute and when he will receive a court summons. Zhao Wei said that Zhang Lan was being treated. "After seeing Dong Zhang, we will communicate with her." .
Tracking "South Beauty Zhang Lan's cancellation summons was returned"
According to CCTV reports, according to the Chaoyang District People's Court, on the morning of1October 20th, 20 1 165438, the court received a phone call claiming to be Zhang Lan's agent, saying that it would complete the entrustment formalities entrusted to him by Zhang Lan as soon as possible. Zhang Lan is no longer a citizen of China, but they will continue to look for effective delivery methods. Even if they change their nationality, they can still deliver goods nationwide.
Zhang Lan, the chairman of South Beauty, was sued by Mr. Ma, one of the founders of South Beauty, to Chaoyang court for a contract dispute. Yesterday, Chaoyang court revealed that Zhang Lan had not been in contact since the case was filed in September. The summons and indictment issued by the court were all returned, and it was found that Zhang Lan had cancelled his account at the local police station on September 12.
The court may consider the service of foreign-related announcements.
The relevant staff of the Chaoyang District People's Court in Beijing said that on the one hand, the court can inquire about Zhang Lan from other embassies and consulates and entry-exit areas to confirm the identity change information; On the other hand, if all means of service have been exhausted, the court may consider serving the announcement on Zhang Lan, but the announcement may be served by external means.
expert opinion/advice
Foreign-related litigation increases litigation costs
Zhang Lan immigrants, in such a lawsuit, is it reasonable and legal?
In this regard, Ye Lin, a professor at the Law School of Renmin University of China, believes that in principle, there is no explicit provision in the law, that is, in the course of litigation, the parties may not change their nationality or identity, so this does not violate the direct provisions of the law.
Ye Lin believes that if she comes from China, ordinary civil proceedings can be applied. If she is a foreigner, it may involve the application of law to foreign-related civil legal relations, so the litigation procedure has changed. For example, if you are a foreigner, the delivery time may be longer, because ordinary foreigners don't live in China.
In addition, there have been some changes in legal procedures. Some courts cannot accept foreign-related cases, but can only accept cases involving energy, so there are some changes in specific procedures involving time limit, jurisdiction and notification.
South Beauty admitted that Zhang Lan had changed its nationality and the company became a foreign company in 2008.