问文律师事务所

Gu Peng

Gu Peng 
Areas of Practice: Financial Business, Foreign Affair;
Education: Ocean University of China Degree: Master Degree in Law


 Profile

From 2016 to 2019, acted as attorney for two civil and criminal cross type letter of credit disputes of Bank of communications Qingdao Branch, one case was settled through mediation, the subject matter was about 20 million yuan, and all advances were recovered; The first trial and second trial of another case, even the retrial of the Supreme Court all won, and the subject matter of the lawsuit was about 190 million yuan. Application for recognition and enforcement of Foreign Arbitral Awards: Participated in the hearing and negotiation of application for recognition and enforcement of foreign arbitral awards between HNA Group and a large Korean shipping enterprise in 2017, analyzed the financial analysis report model and data quoted in the arbitral award, pointed out its irrationality, and discussed whether the applicant has the right to apply for property preservation in the court Examination stage, formed a guiding significance case to this kind of case practice.


 Main Achievements

  • From 2017 to 2018, participated in the property damage and property dispute with a customer on behalf of Qingdao Branch of Bank of communications. The customer’s bank card was stolen and the case was settled through mediation.
  • Disputes over the liability for property preservation damage in the application: In 2017, on behalf of a freight forwarding company, a lawsuit was filed against the parties involved in the wrong preservation of customers in another case, and the other party made compensation of 1 million yuan before withdrawing the lawsuit. The defendant in this case has sued the client for many times with different causes of action, and won all the cases for many years.
    Lawsuit of outsider raises objection to the appeal: From 2018 to 2019, on behalf of Bank of communications Qingdao Branch, participated in the second instance of lawsuit of outsider raises objection to the appeal and the Supreme Court retrial, both winning the lawsuit, with the object of the case of about 130 million yuan.
  • In 2017, on behalf of a foreign-funded enterprise in Qingdao, participated in labor arbitration with its former employees, and the Arbitration Commission rejected the others request.
  • Administrative reconsideration: In 2019, applied to Qingdao Customs for administrative reconsideration on the origin identification and tariff issues of imported CNC machine tools from Taiwan on behalf of the client. Through communication and coordination with the Customs, achieved the purpose of safeguarding the legitimate rights and interests of client, so as to withdraw the reconsideration application and close the case.
  • Others: Participated in civil and criminal cases such as civil loan disputes, insurance contract disputes, sales contract disputes, cheating export tax refund, etc.
  • Bank of China: The first non-performing credit asset securitization project of Zhongyu in 2016.
  • Fund manager registration and fund filing: Provided services for the establishment of fund management company, manager registration and private fund filing of a communications industry group in Qingdao.
  • Bond issuance: Participate in the USD bond issuance project of a Qingdao urban investment group company through overseas subsidiaries.
  • Providing consulting, contract review and other perennial consulting services for a foreign-funded enterprise in Qingdao, acted as its attorney in litigation and arbitration cases, and communicating the case progress and core issues with its overseas headquarters.
  • Consulting business: Providing related party transactions and legal tax compliance consulting services for customers who may be affected by a major criminal case.
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