未履行千万元捐款被母校起诉，当事人称“因为比特币爆仓”！刚刚，矿大校长也回应了！Not fulfilling the ten million yuan donation was sued by the alma mater, the party said “because of the bitcoin explosion”! Just now, the president of the University of Mining also responded!
近日，中国矿业大学90后校友吴幽因未履行1100万元的捐赠承诺，被母校基金会告上法庭，从而成为失信被执行人，这引起了外界关注。（https://twitter.com/uniswap12）
3月15日上午，吴幽本人通过社交媒体回应未履行承诺时称：“我是2008年进入中国矿业大学，大学没读完就开始了创业，一直在创业的路上。十多年来，我以母校为荣，一直挂念母校，我的基金和公司叫镜湖，就是来源于中国矿业大学南湖校区的人工湖 — — 镜湖……但在决定捐款后很短的时间内，我的比特币合约爆仓，数字资产几乎归零。同时，在做出捐赠决定后的几年中，实体及资本行业整体景气度下降，镜湖基金所投的股权项目出现了严重的流动性危机，很难退出……”
据九派新闻报道，3月15日，记者联系上中国矿业大学校长宋学锋，宋校长称，“现在仍在协商中，通过正当的渠道来解决问题，后面如果能调解成功也可以。”
曾20岁开启创业路
“从20岁创业做电子商务，23岁开始做投资，24岁成立镜湖资本，成为镜湖资本创始合伙人。”这是中国矿业大学官网2019年发布《天使投资人吴幽：回报母校是我最大的幸运》新闻稿中，对他创业经历的概括。
时过境迁，未曾料，数年后双方会对簿公堂。吴幽在3月15日的回应中称，此次捐款事件，因为学校通过徐州市铜山区人民法院对其发起法律诉讼，之后他成为失信被执行人，引起了舆论的巨大反响。在此，他给学校、校友、公众、以及家人、同行、朋友圈致以深深的歉意。
在回忆事件始末时，吴幽说：“2019年6月1日，是中国矿业大学110周年的校庆纪念日，在此之前校方并不知道我，也是通过校友的介绍与学校的基金会成员相识。矿大校友在矿业领域做出了突出的贡献，在矿业领域以外，校友中做产业投资、基金的并不多。那时候我的业务也在一个比较良好的发展势头上。于是，校方与我沟通，提出110周年校庆之际，有没有机会给学校做一些支持和回馈。通过我们双方的协商。我决定给学校做一些支持。”
吴幽称，最初校友基金会提出能否“搞一个10年5000万的捐赠”，但他当时觉得5000万这个数字比较大，因为是110周年，吴幽于是提出了1100万这个数字。
（中国矿大书记刘波接受捐赠/图源：矿大招生官微）
同时，吴幽提出，是否可以捐赠当时价值1100万元的比特币给母校，学校方面说没法接收比特币，数字货币也没法作为捐赠量化的标准。
“于是，我决定捐赠1100万人民币给学校，并在2019年4月份校庆前夕到学校签订了协议。”他说。
但在决定捐款后很短的时间内，吴幽的比特币合约爆仓，数字资产几乎归零。同时，在做出捐赠决定后的几年中，实体及资本行业整体景气度下降，镜湖基金所投的股权项目出现了严重的流动性危机，很难退出。
原告迫不得已提起诉讼
吴幽称，特别是疫情这三年，镜湖基金的关键出资人也遇到了很多压力和困难。新一期基金的发起，也因为潜在投资人对疫情和市场大环境的保守考虑几近停止，公司业务艰难维系。其个人也陷入了巨大的困难之中。
“这个过程中，我一直在与学校保持沟通，在2021年年中，我向学校提出一项解决方案，将我在镜湖基金管理人占有的46%收益权捐赠给学校。学校表示，无法或不愿意接收基金收益权，希望还是以人民币形式进行捐献，双方的沟通陷入困境。”他阐述。
之后，中国矿业大学通过学校所在地徐州市铜山区人民法院对吴幽发起了诉讼。
证券时报·e公司记者从中国庭审公开网了解到，2022年8月9日，徐州市铜山区人民法院曾对中国矿业大学教育发展基金会（原告）与吴幽（被告）赠与合同纠纷一案进行直播审理。
原告律师在法庭陈述中认为，被告吴幽在庭审中证明自己虽然遇到了一定的经济困难，但事实上，以目前事业发展的状态，管理基金的规模，是具备履约能力的。
学校在接受捐赠后，如果对这种拒不实际履约的行为不采取维权行动，这是对这种不诚信行为的一种放纵，同时无法就该合同履行行为向上级教育主管部门予以交代，在此背景下，原告是迫不得已才提起了本次诉讼。
“希望被告言而有信，积极履约。防止以捐赠名义，在获得了公众的好评后，反而消费了公众的信任，破坏了社会风气。”原告律师称。
吴幽则在庭审中回应履约能力时表示，自己从未想过要逃避履约责任。如同一个超市有很多货物，但不代表手上有现金，所以他需要时间慢慢出货（才能履约）。
吴幽：会坚定履行责任
上海明伦律师事务所律师王智斌向证券时报·e公司记者指出，根据《中华人民共和国慈善法》相关规定，捐赠人通过广播、电视、报刊、互联网等媒体公开承诺捐赠的，违反捐赠协议逾期未交付捐赠财产，慈善组织或者其他接受捐赠的人可以要求交付；捐赠人拒不交付的，慈善组织和其他接受捐赠的人可以依法向人民法院申请支付令或者提起诉讼。
上述规定还明确，捐赠人公开承诺捐赠或者签订书面捐赠协议后经济状况显著恶化，严重影响其生产经营或者家庭生活的，经向公开承诺捐赠地或者书面捐赠协议签订地的民政部门报告并向社会公开说明情况后，可以不再履行捐赠义务。
来自中国执行信息公开网的信息显示，目前吴幽已被列为失信被执行人及限制消费人员，执行法院为徐州市铜山区人民法院，于2023年1月3日立案。
（点击图片看大图）
据披露，被告吴幽应于2022年10月20日前给付原告中国矿业大学教育发展基金会200万元，余款900万元于2022年12月31日前付清。吴幽的情况为全部未履行；失信被执行人行为具体情形为：有履行能力而拒不履行生效法律文书确定义务。
在3月15日回应中，吴幽在结尾表示，尽管其本人目前的确遇到了困难，但向大家保证，会坚定不移地履行责任，想尽一切办法把1100万的捐赠款落实到位。
新京报报道，对于目前的情况，中国矿业大学教育发展基金会秘书长钟晓东称，学校没有拒绝沟通，“渠道一直是有的，电话都是公开的。”钟晓东表示：“目前这件事到诉讼程序了，接下来往下推进，学校这边也会慎重处理。”
有网友在吴幽的社交媒体下评论：虽然捐款更多是一种情分。但目前签署赠予协议于法律上已生效，希望双方可以达成和解，延长赠予期间，每年在能力范围内进行现金捐赠。
责编：张骞爻
校对：祝甜婷
Recently, China University of Mining and Technology alumnus Wu You was sued by his alma mater’s foundation for failing to fulfill a donation pledge of 11 million yuan, thus becoming a defaulted executee, which has attracted outside attention.
On the morning of March 15, Wu You himself responded to the unfulfilled promise through social media, saying, “I entered China University of Mining and Technology in 2008, and started my business before I finished college, and have been on my way to start a business. For more than a decade, I have been proud of my alma mater and have been hanging on to it. My fund and company called Mirror Lake is derived from Mirror Lake, an artificial lake on the South Lake Campus of China University of Mining and Technology …… But within a short time after deciding to donate, my bitcoin contract blew up and my digital assets went almost to zero. At the same time, in the years following the decision to donate, the overall boom in the real and capital industries declined, and the equity projects in which the Mirror Lake Fund invested experienced a severe liquidity crisis, making it difficult to exit ……”
According to Jiupai News, March 15, the reporter contacted the president of China University of Mining and Technology Song Xuefeng, President Song said, “is still in consultation, through the proper channels to solve the problem, and later if the mediation can be successful.”
Had 20 years old to start a business road
“From the age of 20 to start a business to do e-commerce, 23 years old began to do investment, 24 years old to set up Mirror Lake Capital, became the founding partner of Mirror Lake Capital.” This is the summary of his entrepreneurial experience in the press release “Angel investor Wu You: giving back to my alma mater is my greatest fortune” published on the official website of China University of Mining and Technology in 2019.
Time has changed, and it was not expected that the two sides would go to court several years later. In his response on March 15, Wu You said that the donation incident, because the school initiated legal proceedings against him through the People’s Court of Tongshan District, Xuzhou City, after which he became a defaulted executee, has caused a huge public outcry. He would like to offer his deepest apologies to the school, alumni, the public, as well as his family, peers and circle of friends.
In recalling the beginning of the incident, Wu Yui said, “June 1, 2019, is the 110th anniversary of China University of Mining and Technology, before that the university did not know me, and also through the introduction of alumni and members of the school’s foundation. The alumni of China University of Mining and Technology have made outstanding contributions in the field of mining, and not many of them are doing industrial investment and fund outside the field of mining. At that time, my business was also on a relatively good momentum. So, the university communicated with me and proposed that on the occasion of the 110th anniversary, there was no opportunity to give some support and give back to the university. Through our mutual negotiation. I decided to give some support to the school.”
Wu You said that initially the alumni foundation proposed whether “to make a 10-year 50 million donation”, but he felt that 50 million is a large number, because it is the 110th anniversary, Wu You then proposed a figure of 11 million.
(Liu Bo, secretary of China University of Mining and Technology, accepts the donation / Photo source: University of Mining and Technology Admissions official microblogging)
At the same time, Wu Yui asked if he could donate 11 million yuan worth of bitcoins to his alma mater at the time, and the university said it couldn’t receive bitcoins and the digital currency couldn’t be used as a standard for quantifying the donation.
“So I decided to donate 11 million yuan to the school and went to the school to sign the agreement on the eve of the university’s anniversary in April 2019.” He said.
But within a short time of deciding to donate, Wu Yui’s bitcoin contract blew up and his digital assets went almost to zero. Meanwhile, in the years following the decision to donate, the overall boom in the real and capital industries declined, and the equity projects in which Mirror Lake Fund invested experienced a severe liquidity crisis, making it difficult to exit.
The plaintiff was compelled to file a lawsuit
Wu You said, especially the epidemic these three years, Mirror Lake Fund’s key contributors have also encountered a lot of pressure and difficulties. The launch of a new phase of the fund was also nearly halted due to conservative considerations of potential investors about the epidemic and the general market environment, and the company’s business struggled to sustain itself. It was also in great personal difficulty.
“During this process, I was in constant communication with the school, and in mid-2021, I proposed a solution to the school to donate 46% of my income rights in the possession of the manager of the Mirror Lake Fund. The school indicated that it was unable or unwilling to receive the income rights of the fund and wanted to make the donation in RMB anyway, and the communication between the two parties was in trouble.” He elaborated.
After that, China University of Mining and Technology initiated a lawsuit against Wu You through the People’s Court of Xuzhou Tongshan District, where the school is located.
Securities Times-e reporter learned from the Chinese court open network, August 9, 2022, Xuzhou City, Tongshan District People’s Court had a live hearing of the case of China University of Mining and Technology Education Development Foundation (plaintiff) and Wu You (defendant) gift contract dispute.
The plaintiff’s lawyer argued in the court statement that the defendant Wu You proved in the trial that although he had encountered certain economic difficulties, in fact, with the current state of business development and the scale of the management fund, he was capable of performing.
After accepting the donation, if the school does not take action to defend the rights of this refusal to actually perform, which is a kind of indulgence of this dishonest behavior, and at the same time can not be accountable to the higher education authorities on the performance of the contract, in this context, the plaintiff is compelled to file this lawsuit.
“I hope that the defendant has faith in his words and actively perform. To prevent the name of donation, after gaining the public praise, but consumed the public trust and damaged the social atmosphere.” The plaintiff’s lawyer said.
Wu Yu, on the other hand, responded to the ability to perform at the trial by saying that he never wanted to avoid the responsibility to perform. As a supermarket has a lot of goods, but does not mean that there is cash on hand, so he needs time to slowly ship (in order to perform).
Wu Yu: will firmly fulfill the responsibility
Shanghai Minglun Law Firm lawyer Wang Zhibin pointed out to the Securities Times — e reporter, according to the “People’s Republic of China Charity Law” relevant provisions, the donor through radio, television, newspapers, magazines, the Internet and other media public commitment to donate, in violation of the donation agreement overdue delivery of donated property, charitable organizations or other recipients of donations can request delivery; the donor refuses to deliver, charitable organizations and other recipients of Donation of people can apply to the people’s court for payment orders or litigation.
The above provisions also clarify that the donor’s public commitment to donate or sign a written donation agreement after a significant deterioration in economic conditions, seriously affecting its production and operation or family life, the public commitment to donate or a written donation agreement signed by the civil affairs department to report and publicly explain the situation to the community, you can no longer perform the donation obligations.
Information from China’s executive information open network shows that Wu Yu has been listed as a defaulted executor and restricted consumption, the enforcement court for Xuzhou City, Tongshan District People’s Court, filed on January 3, 2023.
(Click on the picture to see a larger version)
According to the disclosure, the defendant Wu You should pay the plaintiff China University of Mining and Technology Education Development Foundation 2 million yuan by October 20, 2022, and the balance of 9 million yuan by December 31, 2022. Wu You’s situation is all unfulfilled; the specific circumstances of the defaulted executee behavior: the ability to perform and refuse to fulfill the obligations determined by the effective legal instruments.
In his response on March 15, Wu You concluded by saying that although he himself is indeed experiencing difficulties at the moment, he assured everyone that he would steadfastly fulfill his responsibilities and do everything he could to put the $11 million donation in place.
Xinjing News reported that for the current situation, China University of Mining and Technology Education Development Foundation Secretary-General Zhong Xiaodong said the school did not refuse to communicate, “the channels have always been there, the phone is open.” Zhong Xiaodong said, “At present this matter to the proceedings, the next down the road, the school side will also be handled carefully.”
Some netizens commented under Wu Yu’s social media: although the donation is more of a sentiment. But the signing of the gift agreement is now legally effective, I hope the two sides can reach a settlement to extend the period of the gift, the annual cash donations within the capacity.
Editor: Zhang Qianjao
Proofreader: Zhu Tianting
