According to an October 24 report by Songjiang News, the People's Court of Songjiang District, Shanghai, recently adjudicated and mediated a shareholder transfer dispute involving a foreign national.

根据10月24日松江新闻的报道，上海市松江区人民法院最近审理并调解了一起涉及外国公民的股东转让纠纷案。

The defendant, a Japanese citizen, had previously co-operated with the plaintiff in running several restaurant chains. In 2020, the two parties signed a share transfer agreement, under which the plaintiff exited the business and transferred his shares to the defendant. According to the agreement, the defendant was obligated to pay the plaintiff 1 million yuan. However, at the time of the lawsuit, the defendant still owed 360,000 yuan plus interest. The case was filed with the court on June 6.

被告是一名日本公民，之前与原告合作经营几家连锁餐厅。2020年，双方签订了一份股份转让协议，根据该协议，原告退出业务并将股份转让给被告。根据协议，被告有义务向原告支付100万元人民币。然而，在诉讼时，被告仍欠原告36万元加上利息。该案于6月6日向法院提起。

During the trial, the judge carefully reviewed the circumstances of both parties. The plaintiff, seeking to recover the outstanding debt, requested that the defendant's bank accounts be frozen and that his exit from China be restricted.

在审理过程中，法官仔细审查了双方的情况。原告为了追回未付债务，请求冻结被告的银行账户并限制其离开中国。

Given that the defendant was a foreign national and still operated multiple restaurant chains, the judge decided to first offer a legal explanation to both parties, urging them to resolve the issue through mediation.

鉴于被告是外国公民并且仍在经营多家连锁餐厅，法官决定首先向双方提供法律解释，敦促他们通过调解解决争议。

The judge noted that the facts of the case were clear, and based on the available evidence, the defendant was likely to lose the case, with the potential for further measures being taken based on the plaintiff's application. These actions would undoubtedly affect the defendant's livelihood. "If we proceed according to the plaintiff's request to freeze the defendant’s accounts and restrict his exit, it would have a significant impact on the defendant," said He Jihua, Senior Judge of the Commercial Court. "From our perspective, we would prefer to avoid such a situation. The defendant is a foreign businessman operating in China, and we want to support him in successfully running his business here, under the premise that the plaintiff’s rights are also protected."

法官指出，案件的事实清楚，根据现有证据，被告很可能输掉官司，根据原告的申请可能会采取进一步措施。这些行动无疑会影响被告的生计。商事法庭的高级法官何继华表示：“如果我们按照原告的要求冻结被告的账户并限制其出境，将对被告产生重大影响。从我们的角度来看，我们希望避免这种情况。被告是在中国经营业务的外国商人，我们希望在保护原告权益的前提下，支持他在中国成功经营业务。”

Through mediation, the court reached a resolution where the defendant agreed to pay the outstanding amount over a two-year period in monthly installments. As a result, the case was closed amicably. The defendant has already made the first payment as agreed.

通过调解，法院达成了一项解决方案，被告同意在两年内分期每月支付未付金额。结果，案件友好地结案。被告已经按照约定支付了首期款项。

Judge He emphasized that the mediation outcome was significant not only for ensuring the plaintiff's rights but also for minimizing the impact on the defendant. "This approach reduces the impact on the defendant and allows him more time and resources to focus on his business activities. This is also a positive contribution to the business environment," he said. Furthermore, the defendant’s restaurant chains employ over 100 staff members, and the successful mediation helped avoid potential indirect consequences such as layoffs.

何法官强调，调解结果不仅对确保原告的权利至关重要，而且对减少对被告的影响也很重要。他说：“这种方法减少了对被告的影响，让他有更多的时间和资源专注于业务活动。这也是对商业环境的积极贡献。”此外，被告的连锁餐厅雇佣了100多名员工，成功的调解帮助避免了可能的间接后果，如裁员。