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□ Evening News correspondent Cheng Yi correspondent reported the Yankee dollar
Ms. Wang three times recorded $ 2.8 million by the Shanghai Wan Shan Asset Management Limited (Wan Shan companies) Financial results forced open only 426,000 yuan. Wang sued the court, asked to confirm the contract null and void, and press about the return of investment funds 2.374 million yuan and 56,000 yuan consulting fees. Minhang District Court in depth analysis on the basis of mutually agreed that the signed agreement is valid, the company made recently square Shan 1.172 million yuan compensation for the loss of first instance judgment and dismissed the remaining claims of Ms. Wang.
Huge investment from candle to Yin
July 2, 2009, Ms. Wang open capital account, and Wan Shan, the company signed a "management contracts" discretionary account agreement Wan Shan,http://www.fbsolar.com/news/html/?482616.html,abercrombie pas cher,http://237.newfine.net/home.php?mod=spacecp&ac=blog&blogid=, the company responsible for investment management and business, Wang pay management fees. After signing the contract, Ms. Wang on July 7,escarpin louboutin pas cher, 2009 to inject capital of 100 million accounts, according to pay about 2%, that is 20,000 yuan consulting fees. Produce good yields because of the initial investment, the two sides signed a supplementary agreement the two will increase the account funds to 280 million yuan. To this end, Ms. Wang paid a total consulting fees 56,000 yuan.
However,louboutin soldes, after the operation was transferred from the candle Yin, all the way to the loss account. To this end, the two sides signed an agreement on December 21 the same year, due to hit the stop position and agreed to terminate the original signing of the "management contracts." December 23, 2010, the two sides signed a "management contract", agreed to fund $ 2.8 million total accounts, valid until June 16,http://nbspmh.com/forum.php?mod=viewthread&tid=113442, 2011. On the same day, also signed the "supplementary clause" agreed Ms. Wang interests such as lower than December 17,http://www.59xiaoqu.com/forum.php?mod=viewthread&tid=321407, 2009 the day of the interests of customers that is 1.598 million yuan, Wan Shan companies bear some of the losses that amount or less, 30% of the net profit of the company as ten thousand Shan Account performance fee.
However, still a loss into account. To prevent the loss of further expansion of Wang, on March 7, 2011 to all its futures contracts to close out the capital account, the balance of funds 426,boutique louboutin paris,000 yuan. Since then, Wan Shan company no longer operates the account. To claim back the loss, Ms. Wang Wan Shan companies will be taken to court. Litigation, Ms. Wang will be returned to investment funds 2.8 million yuan of claims changed to return investment funds 2.374 million yuan and 56,000 yuan consulting fees.
Wan Shan company argued that management contracts and agreements real and effective,http://www.huatai123.cn/home.php?mod=spacecp&ac=blog&blogid=,scarpe hogan donna,http://weike.wimdigital.com/forum.php?mod=viewthread&tid=180324, consulting fees should be returned. According to December 23, 2010 agreement, the account balance can subtract 1.598 million yuan in compensation on the basis of 425,000 yuan. Litigation, Ms. Wang said if the court finds that the contract is valid, requires ten thousand Shan undertook 1.598 million yuan loss in part on the following December 23, 2010, "Additional Terms" agreement.
Effective consultancy contract should not be returned
The court held that Wang will own trading account discretionary Wan Shan management, so in fact the two sides trust management contract relationship. Wan Shan Company's non-financial institutions, but with Wang signed a "management contracts", using their expertise to operate futures fund accounts, the conduct, both true intention, does not violate the mandatory provisions of laws and regulations, nor to national financial adversely affect the market, the contract should be valid. Ms. Wang asked to confirm the two sides "management contract" invalid the claims can not be established.
A loss due to the operation, the two sides on December 21, 2009 signed an agreement to the original "management contract" due to hit stop-loss terminate the agreement, and the agreement to December 16, 2010, if the interests of customers was less than 2009 December 17 Day on the interests of customers 1.598 million yuan, Wan Shan companies bear some of the losses that amount or less. The agreement is essentially a continuation of "management contracts",http://www.iyingxiao.org/thread-27634-1-1.html, is the result of ten thousand company Wang Shan loss remedies, intended to recoup their losses. The two sides on December 23, 2010 to re-sign the "management contracts" and "Additional Terms", is also a continuation of the original management contracts and supplemental agreements. Agreement and supplementary provisions in the text, there are the interests of customers such as less than 1.598 million yuan, Wan Shan undertook the following amounts expressed in this part of the loss. Ten thousand Shan undertook loss amount less agreement, is causing loss remedy, so the agreement does not commit insurance proceeds Guarantee Clause, does not belong to an invalid, for ten thousand Shan company binding. Until March 7, 2011,http://www.jevazin.com/phpwind/read.php?tid=424976&ds=1, Ms. Wang all contracts in its capital account open, after closing its capital account fund balance of only 426,000 yuan, much lower than the 1.598 million yuan. Ms. Wang's unraveling is to prevent further loss, inappropriate. Since then, Wan Shan company then did not operate on the capital account.
It is believed that contracts and agreements signed by both parties is not a void, Wan Shan company agreed to pay damages shall be December 23, 2010 additional provisions shall bear a loss of 1.598 million yuan less dollars 1.172 million yuan. Another result of the contracts is not a void, Wan Shan consulting fees charged by contract basis.
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發表於 2015-7-14 13:00:21
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