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大金公司由于经营不善严重亏损,仅包括借资、进货的债权人就有21人,债务金额就达450余万元。2006年10月10日,大金公司决定将所有的财产作价100万元,抵给与自己关系最好、债权也最多(156余万元)的东方公司。并彼此订立了协议书,办理了交付手续。其他债权人获息后,认为大金公司将所有资产抵偿给东方公司的行为严重侵犯了他们的合法权益,遂请求法院确认上述抵债协议无效,由各债权人按债权比例分享。
Daikin Company due to a serious loss of poor management, including only borrowing, purchase creditors have 21 people, the debt amounted to 450 million. On October 10, 2006, Daikin Company decided to price all its properties at RMB1 million and to Orient Enterprises, which has the best relationship with the creditors and the largest amount of claims (RMB 1.56 million). And entered into an agreement with each other, handled the delivery formalities. After obtaining the interest of other creditors, Daikin considered that the act of offsetting all assets to Orient Corporations violated their legitimate rights and interests and requested the court to confirm that the aforesaid settlement agreement was invalid and was shared by creditors according to the claim ratio.