For enterprises to develop, they cannot do without the support of the society, and they cannot do without the public's approval, and they cannot do without their own honesty and trustworthiness. With the development of the times, the influence of the brand can not be ignored, and the foundation of the brand is based on integrity. Integrity is a kind of capital for business management, an intangible driving force for enterprise development, and it has a great promotion effect on the long-term development of enterprises. Returning to the lighting industry, the industrial development is becoming more and more mature. More and more enterprises have relied on honest management to establish a good corporate image and thus enhance their competitiveness. However, there is a saying that "the forest is big, what birds are there", there are also many non-integrity management phenomena in the lighting industry. Of course, these companies or individuals will eventually escape the legal sanctions. Philips (China) Investment Co., Ltd. and Foshan Tianhao Taipu Trading Co., Ltd., Foshan Guangtongliang Lighting Co., Ltd., Foshan Nanhai Ao Leilang Lighting Technology Co., Ltd. (hereinafter referred to as "Tianlu Taipu Company, etc." ") There is a long-term business relationship. Since the three companies, such as Tianhao Taipu, have a large amount of unpaid futures, Philips filed a lawsuit against the three companies including Tianzhu Taipu for the sale of the contract. After long-term evidence from both sides, most of the litigation requirements of Philips were approved by the court in the first-instance judgment. The first trial order was as follows: 1. The three companies, such as Tianyi Taipu, were ordered to pay off the debts to Philips; 2. Huang Weiming Foshan Nanhai Ao Leilang Lighting Technology Co., Ltd. is not responsible for the debt. In this judgment, Philips and Tianzhu Taipu both appealed. In Philips' appeal request, it was clearly hoped that Huang Weiming would be liable for the joint debts of Ao Leilang’s debt. On September 21, 2017, the Shanghai Higher People's Court issued a second-instance judgment on the disputes between the three companies including Philips and Tianpu Taipu and Huang Weiming. In the judgment of the second instance, the court ruled that the reasons for the appeal of the three companies, such as Tianzhu Taipu, could not be established, and they should jointly assume the responsibility for repayment to Philips. More importantly, the court also found that the evidence provided by Huang Weiming was not sufficient to prove that the property between Ao Leilang and Huang Weiming was independent of each other. Huang Weiming was legally responsible for the joint liability of the company to Philips' debt. In fact, individual shareholders have joint and several liability cases in China. In August 2006, the oil tanker of Dongguan Qiancheng Transportation Company smashed the bridge of Dongguan City Comprehensive Administration Bureau, and the court awarded the company compensation of 2.5 million yuan. In order to evade liability, Panyu and Zou, the shareholders of the tanker company, sold all the property of the company, resulting in the failure to implement the traffic accident compensation. The Dongguan City Comprehensive Administration then filed a lawsuit with the Dongguan First People's Court, requesting that the two defendants be jointly and severally liable for compensation. After the trial, the court held that in the case, the shareholders used the independent status of the company legal person to infringe on the interests of the creditors. The shareholders should bear the joint liability for the creditors of the traffic accident creditors, and the two judges should jointly and severally compensate the company's debts. The above two case judgments show that when encountering a commercial dispute, sometimes it will not only be responsible for the company, but also the individual. With the gradual improvement of the domestic legal mechanism, all enterprises need to operate in good faith; for cases that have already been involved, they cannot be lucky, delay or transfer problems, and delay will only bring more serious accountability.
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February 13, 2023