On March 19, suppliers disclosed to the Daily Economic News reporter that MicroWhale Technology Co., Ltd. owed them money for services from July 2016 to August 2017.
In response to this statement, the reporter quickly contacted Microwhal Technology. Although the other party admitted that it had arrears, it denied that it was in arrears. Microwhale believes that the company has no refusal to perform and is currently in a normal time period. The inside, after all, has not reached the agreed date.
At the same time, Microwhale Technology also told reporters that the above suppliers were the suppliers that were removed from the company in 2017. The disputes between the two parties on the business had already occurred in 2016. At present, the legal affairs of micro-whale technology are being solved.
Micro-whales and suppliers have disputes over payments
The official website shows that MicroWhale Technology is an Internet technology company focused on home entertainment. It was founded by Li Ruigang and Li Huaiyu in 2015. Chinese culture, Alibaba, and Tencent participated in the founding ensemble of microwhales.
The supplier of the microwhale technology arrears is Nanjing Shengyue Public Relations Planning Co., Ltd. (hereinafter referred to as Shengyue Public Relations). The person in charge of the company presented a report to the reporter of the “Daily Economic News” entitled “Shanghai Jing'an District People’s Court Civilian. Mediation Book (hereinafter referred to as "Conciliation Book").
The "Conciliation Statement" showed that the plaintiff Sheng Yue Public Relations and the defendant Xiao Wei Technology Service Contract dispute case, the hospital after the filing of the case on November 6, 2017, according to the law applies a summary procedure, an open hearing conducted the trial. The plaintiff to the court proceedings Request: 1. The defendant pays the plaintiff arrears for the project and the regular monthly fee is approximately 2.86 million yuan; 2. The plaintiff pays the plaintiff a penalty of approximately RMB 70,300; 3. The litigation fee shall be borne by the defendant. Facts and reasons: July 2016 to 2017 In August of this year, the defendant commissioned the plaintiff to provide public relations planning services for a number of projects of the defendant. The plaintiff has executed the projects according to the contract, but the defendant has not paid the relevant amount to the plaintiff according to the contract.
The "Conciliation Statement" also shows that the defendant argued that "we did not owe the plaintiff's service fee, but there was an objection to the amount of the debt owed. We were willing to negotiate with the plaintiff to settle the dispute. ' After the court presided over the mediation, the parties voluntarily reached the following agreement: The defendant paid a plaintiff service fee of approximately RMB 2.2197 million. The defendant paid RMB 800,000 to the plaintiff before November 30, 2017, paid approximately RMB 221,100 before December 31, 2017, and paid RMB 360,000 before January 31, 2018. , RMB 360,000 was paid before February 28, 2018, and approximately RMB 478,600 was paid before March 31, 2018. Second, if the defendant fails to fulfill its payment obligation for one period according to the above-mentioned time limit and is overdue for more than five working days, The defendant should pay the plaintiff a penalty of 15% of the unpaid amount.
It is noteworthy that the "Conciliation Statement" shows that the plaintiff and the defendant had no other disputes. However, in the course of implementation, the two parties had disputes over whether the "arrears are overdue and whether they refused to implement it."
Lawyer: The debt owed at the end of February already constitutes overdue
'Shengyue cooperated with us (Micro-Whale Technology) in 2015. Both sides had conflicting business issues in 2016. So in 2017, we and them (Shengyue Public Relations) lifted the service contract without using them. Public relations) As a supplier, there will be some money involved. Everyone in the court disagrees with each other and does not agree with each other. Finally, it is normal to go. “Microwhale said in an interview with reporters that the arrears are returning one by one. It has been normal until February of this year, because that time was just in time for the New Year, and there may be some entanglement. The repayment of this period was delayed.
Microwhale also stated that the amount owed was not overdue. The normal time for payment was at the end of March, and only the one in February had not been paid.
In this regard, Shengyue public relations official told reporters, 'I. The court mediation book is a real and objective existence, the micro-whales acknowledge the debt, the court decided that they should be repaid in five; Second, the micro-whale returned three, the remaining two The breach of contract has not yet been returned. This is also an objective reality. Third, after the breach of contract, we actively contacted the whale docker twice. The matchee said that it was still not. As of now, no one has communicated with us about the repayment; , After the other party breached the contract, the only time it took the initiative to contact us, or because of follow-up reports; 5. We did not make any evaluation of the operation of the micro-whale from start to finish. We do not plan to make an evaluation at this time. All of us waited on April 5 to apply for coercion. After implementation, look at the degree of cooperation in the microwhales. Finally, we never want to force our whale, after all, it is a former partner. It's just that the money has been dragging on for too long. Our appeal is very simple. Whales follow the judgment of the court and fulfill their obligation to repay.
"The "Conciliation Book" has come into effect. If there are still two funds that fail to pay in accordance with the contents of the mediation book, they can apply for enforcement. 'According to Zhao Chao, an attorney of Beijing Zhilin Law Firm, this money has already become overdue. According to the contents of the mediation paper, if overdue for more than 5 working days, 15% of the amount should be paid as liquidated damages. As for the specific reasons for the overdue, it is not important. The key is the overdue fact.
In addition, Zhao Occupied did not believe that the matter was controversial. He said that the "Conciliation Statement" was written very clearly and has already entered into force. It is legally binding. If one party fails to perform it, the other party can apply to the court for enforcement. The "Conciliation Statement" also does not specify that both parties need to keep this confidentiality, so even if the "Conciliation Statement" is publicly disclosed, it may not be appropriate, but it is not illegal.
According to Zhao Occupation, once a company has defaulted on payments from its suppliers, there are generally a number of possibilities: 1. The internal financial payment approval process is relatively long, resulting in overdue payment; 2. The company's funds are temporarily tight; 3. The partner is considered The service provided is relatively poor, and it does not achieve the desired results, so I do not want to pay, or do not want to pay in full and on time; 4. The two partners are noisy and deliberately not paying.
Most internet color TV brands are down
Previously, the color TV industry was unprecedented. Following LeTV's 'reversal' of traditional TVs, millet, storm, popular and other big Internet companies also joined the war and quickly expanded.
Liu Buchen, an economist and commentator, said in an interview with the reporter of the “Daily Economic News” that the micro-whale technology is consistent with LeTV’s model, that is, selling hardware at a low price, subsidizing content through hardware, etc. He said that such a model has not been successful. The precedent, so far, the global mainstream color TV profit model is still relying on hardware to profit, not software profit.
However, according to the microwhale technology, the microwhale has given up its money-burning model since 2017, striving to transform and adjust its structure. Currently, all the affairs are actively promoted. The microwhale CEO Li Huaiyu also said in an interview with the media before, 'Now The entire industry has burst from the bubble and entered a re-establishing benign industrial structure. 'He believes that the money-burning model has ended and hardware must be profitable. In response, Liu Buchen believes that Li Huaiyu's reflection is rational.
In addition, according to the annual analysis report of Ovid Cloud Network Color TV Industry, last year China's domestic color TV market suffered, panel costs rose, and Internet brand weakness was two major reasons. The overall share of Internet TV fell by 6 percentage points to 13%.
The senior research manager of Ove Cloud Network Black Division said that the main reason for the decline in Internet brands (shares) in 2017 was the change in the environment of capital and costs, and that the previous operating model of Internet brands could not continue. He pointed out that Low-cost loss sales can achieve user acquisition in the short term, but it is not conducive to the establishment of brand image and long-term operation. It is necessary to change the growth mode at the right node.
According to the above, most Internet brands are currently in a state of continuous recession. The main reason is that before the previous operating model was overturned, a new model has not yet been established and capital remains cautious. The development of Internet TV brand in 2018 Limiting conditions still exist, making a good product is the most important opportunity to break through.'