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Written by: Li Huina
2020-12-23 21:15
Last update date: 2020-12-23 21:16
The film star Stephen Chow's ex-girlfriend Yu Wenfeng, after breaking up, demanded that the other party pay a 10% dividend on investments such as the luxury house "Tianbi Gao", involving more than 80 million yuan, but the High Court today (23rd) ruled that the case was lost.
Judge Gao Haowen believed that the dialogue on the dividend agreement that year was only a daily conversation between couples, not a legally valid commercial discussion, and that it was not commercially reasonable to receive a 10% dividend without having to bear the risk of losing money.
He also believes that he has a rich family and works for Zhou only because of his love affair. He doesn't mind the remuneration or bears too much income. He ruled that the agreement reached by the two parties has no legal effect and believes that Zhou's promised dividends are only gifts.
The plaintiff, Yu Wenfeng, and the defendant, Zhou Xingchi.
Yu said that he has a business partner relationship with Zhou You, and has invested in Zhou’s investment including three independent houses with parking spaces in the Peak Mansion, Beverly Hills, Tai Po, and investment funds, requesting to get back the 10% commission promised by Zhou , That is, more than 80 million yuan.
Verbal promises are like empty paper
Although this case involves legal issues, Judge Gao Haowen, at the beginning of his sentence, quoting interestingly a proverb often referred to as a movie giant: "An oral promise is like a dead letter", which brings out the biggest controversy in this case. The point is whether Yu and Zhou intend to reach a legally binding agreement.
Family background makes investment knowledge
The judge believed that she had done her best to tell what she remembered when she gave her testimony, and she did not think she was "cheater", and she also believed that Zhou gave an honest testimony in court.
The judge pointed out that although she had little experience in property investment when the two were dating, her family background and working experience at the Hong Kong Stock Exchange meant that she should have a certain knowledge of investment. She had no compensation before 2002. Helping Zhou deal with finances is obviously because of their love affair.
Yu Wenfeng and Zhou Xingchi had their own views on the incident. (See the picture below for details)
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The contract has never been stated in the dividend clause
Although Yu said that before she signed a financial advisory contract with Zhou’s company in 2002, the two parties had a "consensus" that they would receive dividends, but the judge considered that there was no reason for both parties to sign the contract and not specify that they would receive dividends. Provisions, even though the contract was revised several times later, there were no relevant clauses.
The judge believed that Yu wanted to work for Zhou only based on the relationship between the two. She didn't mind how much money she could get, because her family was rich and she would not worry too much about how much she could get at work.
When talking about promises, it's like a couple's daily life
The judge was satisfied that the dialogue between the two discussing dividends was derived from the discussion of Christmas gifts, but did not believe that the two discussed in English, because Yu Ming knew that Zhou was not used to communicating in English and had to train Zhou's English ability.
However, regardless of whether the conversation is conducted over the phone or in Zhou’s hilltop mansion, the nature of the conversation is only a daily conversation between lovers, not a legally binding business discussion.
Furthermore, the alleged terms of the agreement are not commercially reasonable and too vague.
There was chaos when Stephen Chow appeared in court to testify. (See the picture below for details)
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Investment does not have to bear the risk. Commercially unreasonable
The judge also pointed out that Zhou has to pay money and bear investment risks. The work done by Zhou is worth 10% of dividends and does not have to bear the risk of losing money. This is not commercially reasonable.
The judge believed that Yu was only working for Zhou because of their relationship, and did not want to be paid. He also pointed to various evidences showing that Zhou Zeng's payment to Yu seemed to be a gift.
Xin Zhou wants to live in house No. 12 in Tian Bi Gao
As for the "Tian Bi Gao" project, the judge pointed out that Zhou lived next to "Tian Bi Gao" and regarded "Tian Bi Gao" as a "dream house". He had been paying attention to the property waiting for the opportunity to purchase. Bi Gao" and Zhou bought "Tian Bi Gao" only because he has sufficient financial resources.
In addition, based on Zhou's special trip to hire an Italian designer for the interior design of House 12, and the decoration cost is far higher than the other three houses, the judge is also satisfied that starting from Monday, he intends to use House 12 for self-occupation instead of investment.
Think Zhou buys property according to his own ideas
Regarding the Beverly Hills property, the judge said that the property was not introduced to Zhou, and Zhou had "visited the property" before buying it, and liked the architectural concept of the property, believing that he bought the property based on his own ideas.
Case number: HCA 1584/2012, HCA1243/2017
Three days after Stephen Chow came to the court to give evidence, many fans also came to the court to chase "stars." (See the picture below for details)
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Zhou Xingchi was pursued by Yu Wenfeng for an 80 million dividend case, and the case of Zhou Wang was ruled to an end.
Yu Wenfeng was sentenced to lose 70 million yuan in the pursuit of Zhou Xingchi
Zhou Xingchi was pursued by Yu Wenfeng | Zhou said that after he had a new boyfriend, he fully understood that his current friends no longer
Zhou Xingchi was pursued by Yu Wenfeng. Zhou pointed out that Yu's statement was not in line with commercial principles.
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Stephen Chow's interpretation of the court's judgments on commercial disputes