是股权转让还是合伙（Equity transfer or partnership）.docVIP

是股权转让还是合伙（Equity transfer or partnership） Equity transfer or partnership? Author: Wang Jiliang release time: 2010-04-12 09:35:54 I. Introduction of the case: Plaintiff (counterclaim) Yang Minquan. Defendant (counterclaim) Wang Junhu. The plaintiff (counterclaim people) v.says, Baishui County Xigu town of Dongxing coal limited liability company is jointly funded by the plaintiff and the defendant. In March 2, 2005, in order to confirm that the two sides share and contribution, the town is Hugh Xigu Village Party Jinsuo said, signed an agreement. The agreement was confirmed on both the share of investment and the proportion of shares, namely the shares accounted for 80% the proportion of investment of 2 million 400 thousand yuan; 20% shares accounted for the proportion of the colliery, investment amounted to 600 thousand yuan. At the same time the agreement, from April 1, 2005 to April 1, 2008 by the coal mine in the coal contract, not less than 70 yuan per ton, less than 150 yuan, a year is calculated for ten months, 20 days per month by the defendant to pay the plaintiff 55 thousand yuan. If the payment is not made on time, the payment of liquidated damages is 10 thousand yuan, and the agreement also provides for other matters. After the agreement was signed, in the first two months, the defendant paid the plaintiff 110 thousand yuan on time. Since then, the defendant has not been paid on the grounds of financial tension. By the end of March 2007, in the eighteen month contract fee of 990 thousand yuan, the plaintiff repeatedly bombarded. The plaintiff in January 2007 to the Baishui County Peoples court proceedings, but due to the illness can not appear in court and withdrawal. Now the body has been restored, and the payment is still not taken to court, asked the defendant to pay 990 thousand yuan by the end of March 2007 before the contract fee, and pay 160 thousand yuan of liquidated damages. The evidence provided by the plaintiff: 1, March 2, 2005 the two sides s