Author: Feng Hao
With the right to charge as collateral, Lu Yi lent a huge amount of money from financial institutions that exceeded the investment budget, which is equivalent to completing the project without paying a penny out of his own pocket.
With the investigation of Henan New Fortune Group Investment Holding Co., Ltd. (hereinafter referred to as "Henan New Fortune Group"), more information about the company's actual controller, Lu Yi, began to become clear.
"It is preliminarily found out that since 2011, the criminal gang headed by the company's actual controller, Lu Mou, is suspected of using the village bank to commit a series of serious crimes." Xuchang City Public Security Bureau issued a police intelligence report through the official WeChat account.
CBN has confirmed by multiple sources that the "Lu Mou" here, namely Lu Yi, was born in 1974 and is 48 years old this year. He started his business at around 23 years old.
Lin Dong (pseudonym), a retired official who had worked in Kaifeng for many years, told Yicai that the Lu family behind Lu Yi was mainly engaged in the distribution business of home appliances and had a certain influence in southwestern Henan. In 1997, Lu Yi and others co-founded Henan Aerospace Appliances Co., Ltd. (hereinafter referred to as "Aerospace Company"), and competed fiercely with Henan Wanbao Co., Ltd. (hereinafter referred to as "Wanbao Company") in the same city.
A professor who has been teaching at a university in Kaifeng also recalled that when the later home appliance retail giants such as Gome and Suning had not yet entered Kaifeng, the most influential local home appliance retail companies were mainly Aerospace and Wanbao.
There is a detail that can see the competitive situation of the two companies at that time.
In 1997, due to the "co-construction" activity between the Aerospace Corporation and the Wanbao Company and the Kaifeng Traffic Police Team, parasols with their own company's words were installed at the traffic booths. After negotiation with the aerospace company failed, the lawsuit was brought to the Intermediate People's Court of Kaifeng City.
In the end, the aerospace company lost the case.
At that time, Lu Yi was 23 years old.
"Judging from this experience, Lu Yi at that time probably didn't have as much energy as later, otherwise, he wouldn't have been sued in court for such a trivial matter." Lin Dong said.
But it was this businessman who was considered "limited energy" by Lin Dong at the time, and finally got a key move: the 30-year franchise right of Lankao to Weishi Expressway.
According to the document of Kaifeng Municipal Transportation Bureau (Bianjiao (2005) No. 126), Kaifeng Municipal Transportation Bureau (authorized by Kaifeng Municipal People's Government) and Kaifeng Lanwei Expressway Development Co., Ltd. signed the "Concession Agreement on Lankao-Weishi Expressway Project" "Book" "The Kaifeng Municipal Transportation Bureau's Reply on the Issue of the Operation and Toll Period of the Lankao-Weishi Expressway", the approval for the franchise right of the Lankao-Weishi Expressway starts from the construction, and the franchise period is 30 years (including the construction period) , i.e. from July 1, 2004 to July 1, 2034.
The actual controller behind Kaifeng Lanwei Expressway Development Co., Ltd. (hereinafter referred to as "Lanwei Expressway Company") is the Lu family headed by Lu Yi.
According to the introduction, Lanwei Expressway is a section of the Rizhao-Nanyang Highway in the national key highway construction plan. It is an engineering project invested and constructed by enterprises organized by the Kaifeng Municipal Government.
According to the project plan, the estimated total investment of Lanwei Expressway is 2.4 billion yuan.
Why did Lu Yi and others get the expressway project that required a total investment of several billion yuan. At that time, did Lu Yi, who was engaged in the home appliance circulation industry, have the corresponding operational capabilities and qualifications?
For now, these mysteries remain a mystery.
It is traceable that it was through the Lanwei Expressway project that Lu Yi used the right to charge as collateral to loan a huge amount of money from financial institutions that exceeded the investment budget, which is equivalent to completing the project without paying a penny out of his own pocket. .
On August 5, 2005, Lanwei Expressway Co., Ltd., as the borrower, signed the "China Development Bank RMB Funds Total Loan Contract" with the China Development Bank (hereinafter referred to as "CDB"), and agreed that the loan amount was 800 million yuan; the loan period started from 2005 From August 5, 2021 to August 4, 2021;
Later, on May 24, 2006, May 22, 2008, September 27, 2008, and December 24, 2008, Lanwei Expressway and China Development Bank signed the "China Development Bank RMB Funds (2005), (2006) and (2008) Annual Loan Contracts (contract numbers are: 4100520112005021097, 4100520112006021125, 4100520112008021098, 4100520112008021238, 41005201120080213, 4, 5, hereinafter referred to as "Loan Contracts" No. 2, No. 3, No. 5) No. 1 "Loan Contract" is supplemented, and according to the contract, another loan of 570 million yuan will be issued to Lanwei Expressway Company in succession.
In the end, although Lanwei Expressway Company repaid some of the loans intermittently, the remaining loan of more than 100 million yuan has not been repaid. On December 6, 2019, China Development Bank issued a "Notice of Early Expiration of All Loans" to Lanwei Expressway Company. "Book", requiring Lanwei Expressway to repay the loan principal of 124 million yuan and the corresponding interest and penalty interest.
In addition to mortgaging the right of toll collection to China Development Bank, Lanwei Expressway Company signed the "Pledge Contract of Highway Toll Right" with the Industrial and Commercial Bank of China Kaifeng Jinmingchi Sub-branch on December 12, 2005 (2005 Bian Gongyin Zi No. 002 No.), it is agreed that Lanwei Expressway Company, with its right to toll collection of the road and its ancillary facilities from Rizhao to Nanyang Expressway from Lankao to Weishi, will pledge the loan contracts signed by both parties with a total loan amount of 1.1 billion yuan. guarantee.
In this way, the Lanwei Expressway with a total investment of 2.4 billion yuan was originally expected, but Lu Yi and others took a piece of expressway toll right and successively loaned a total of 2.47 billion yuan from China Development Bank and ICBC.
Even with huge funds in hand, the Lanwei Expressway project is still in arrears of construction funds.
In a construction contract dispute between Lanwei Expressway Company and Henan Trade Exhibition Construction and Installation Engineering Co., Ltd. (hereinafter referred to as "Trade Exhibition Company") and natural person Zhuo Runde, Trade Exhibition Company and Zhuo Runde sued that in 2005 On March 21, 2005, after they won the bid for the B03 project of the Lanwei Expressway Housing Construction Project, they actively constructed the project and delivered it for use on November 19, 2005. Acceptance, the acceptance conclusion is that the quality is qualified, but Lanwei Company, on the grounds of project quality problems, has not paid Zhuo Runde 5.77 million yuan for the project for a long time, maliciously infringing on Zhuo Runde's rights and interests.
In the end, the Kaifeng Intermediate People's Court ruled in 2008 that Lanwei Company raised quality objections to the project and claimed rights after using the service area housing construction project that had passed the acceptance inspection for nearly three years. It lacked factual and legal basis. should be rejected.
Mr. Li, who has more than 20 years of experience in the construction engineering industry, told China Business News that whether it is road construction or building construction, it is almost commonplace to build first and pay later (project payment).
This means that, at least for a certain period of time, Lu Yi has the control of a huge amount of funds of 2.47 billion yuan.
There are various indications that some of these funds were used by Lu Yi to invest in the financial industry at a certain period.
Through a large number of vest companies, Lu Yi has successively participated in a number of domestic city commercial banks and rural commercial banks, and invested with some of the equity held in financial institutions as collateral.
Later, when the country's financial supervision was tightened day by day, it targeted village banks with looser management, and finally set off a major financial case affecting hundreds of thousands of depositors.