Zhilin News | Two typical cases of major loan disputes involving listed companies represented by Zhilin have been supported by the Supreme People's Procuratorate's appeal application, and the final appeal was successful, setting a benchmark for handling s Time:2025-09-01 Hits:242
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Recently, Zhilin Law Firm represented two major loan dispute cases involving listed company Zhejiang Jindun Wind Turbine Co., Ltd. (hereinafter referred to as "Jindun Co., Ltd."), which were supported by the Supreme People's Procuratorate's appeal and ultimately succeeded, setting a benchmark for the handling of such cases.

After the Supreme People's Procuratorate filed a protest, the Supreme People's Court designated the Zhejiang Provincial High People's Court for retrial, and the two civil lending disputes between Jindun Co., Ltd. and a certain investment company and natural person Zhang have finally reached the final verdict. The Zhejiang Provincial High People's Court has made a ruling allowing the two plaintiffs to withdraw their lawsuit against Jindun Shares and revoke the relevant content of the original judgment regarding Jindun Shares' liability for compensation due to improper management.
After going through the first and second trials, facing the unfavorable situation of the retrial application being rejected, Jindun Shares entrusted Zhilin Law Firm to represent the case, with Zhilin Senior Partner and Doctor of Civil and Commercial Law Wang Danfeng as the lead lawyer, to apply for prosecutorial supervision to the Supreme People's Procuratorate in accordance with the law. In the end, the case was supported by the Supreme People's Procuratorate and appealed to the Supreme People's Court, laying a solid foundation for the retrial and fair judgment of the case, effectively avoiding bankruptcy risks for Jindun Shares, and restoring the company's credit.
Lawyer Wang Danfeng believes that the appellant in this case, Jindun Co., Ltd., is a listed company, and the handling of the case involves more than 10000 innocent shareholders, the maintenance of security and order in the securities market, and other public interests. It will also have a chain reaction on the handling of other contract cases of the listed company, ultimately endangering its life and death and triggering a mass event that affects social stability. In addition, the original judgment established the rule that the chairman and actual controller of the company have the right to represent the company, which will have a huge impact on China's legal representative system and company guarantee system. If the chairman and other executives of a listed company, as well as the actual controller, are allowed to sign guarantee contracts and other contracts on behalf of the company with forged official seals, even if the contracts are invalid, the listed company shall bear the liability for compensation. So, listed companies will easily be delisted and bankrupt. The original verdict of this case pushed the listed company to the dangerous situation of delisting and bankruptcy, ultimately making tens of thousands of innocent shareholders pay for the illegal and criminal behavior of the company's executives. This result is unfair. At the same time, in order to avoid confusion in the application of laws by legal representatives, representatives, and agents in judicial practice, the original judgment of this case mistakenly identified the unauthorized representation of the chairman and actual controller as an unauthorized representative, which should also be corrected.
During the case handling process, Lawyer Wang Danfeng mainly conducted research on the application of law, collected multiple similar cases, and organized an expert discussion meeting with five senior professionals in domestic fields such as company law and guarantee law. The opinions of the attending experts are highly consistent, and they all believe that the original judgment was incorrect and should be corrected.
In the end, Zhilin, on behalf of Jindun Shares, submitted appeal materials such as agency opinions, expert opinions, similar cases, and academic papers that were consistent with the expert opinions to the Supreme People's Procuratorate, and communicated with the handling prosecutor multiple times to exchange opinions. During the severe period of the epidemic, the case lasted for one year and three months. The appeal opinions of the two cases were finally supported by the Supreme People's Procuratorate and were appealed to the Supreme People's Court in August 2023. After learning the news, the parties were deeply moved and immediately flew from Zhejiang to Beijing to express their gratitude to Lawyer Zhilin. Accompanied by Lawyer Zhilin, they presented a banner to the Supreme People's Procuratorate.
These two typical dispute cases have attracted widespread attention and discussion from all sectors of society. The successful completion of the case not only safeguards the legitimate rights and interests of listed companies in accordance with the law, but also has a positive demonstration significance for the relevant legal application rules of unifying the acts of unauthorized agents of non legal representatives.

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