civil judgment
(202 1) Wan 042 1 Minchu No.2879
Plaintiff: Fengtai Chang Fei Trading Co., Ltd., whose domicile is Chengguan North Road, Fengtai County, Anhui Province.
Legal Representative: Lu Wenju, manager of this company.
Authorized Agent: Liu Chuchun, lawyer of Anhui Zhoulai Law Firm.
Defendant: Qi,,,,.
Litigation record
After Plaintiff Fengtai County Trading Co., Ltd. and Defendant Qi filed a case on April 27th, 20021,our court applied summary procedure to hold a public hearing. Liu Chuchun, the litigation agent of Fengtai Chang Fei Trading Co., Ltd., attended the lawsuit. The defendant has been legally summoned by the court and fails to appear in court without justifiable reasons. The case has now been closed.
Factual basis
Fengtai Chang Fei Trading Co., Ltd. brought a lawsuit to our court: requesting the court to order the defendant to immediately pay the plaintiff 74 164 yuan for the purchase of mobile phones; Second, the defendant should bear the litigation costs of this case. Facts and reasons: The plaintiff is a company dealing in communication equipment and electronic products, and the defendant bought a mobile phone from the plaintiff's company. After negotiation, the defendant owed the plaintiff 74 164 yuan. The above facts are evidenced by the statement signed by the defendant. How many times did the plaintiff send staff to demand payment? The defendant used various excuses to prevaricate and refused to pay. So far, no money has been paid.
Qi Yanming didn't reply.
The parties in this case submitted evidence around the claim. According to the statements of the parties and the evidence confirmed by examination, our hospital found out the following facts: from May 20 14 to February 20 16, Qi bought mobile phones from Fengtai County Trading Co., Ltd. for many times, and signed the Bill of Debts made by the plaintiff, indicating the model, number and price. There are 9 mobile phones purchased in the list, with a total price of 54 192 yuan. There are also five mobile phones and watches on the list, with a total price of 19972 yuan.
The court held that
We believe that Qi bought a mobile phone from Fengtai County Trading Co., Ltd., and then signed the bill of model, number and price made by the plaintiff, which confirmed that there was a business relationship between the two parties. This kind of buying and selling relationship is the true intention of the parties concerned and does not violate the mandatory provisions of laws and administrative regulations. The business relationship contract is valid. The amount owed for the purchase of nine mobile phones on the list is 54 192 yuan, which should be paid off. The relationship between the goods purchased by others and Qi, because the plaintiff did not provide evidence to prove that it was a legal relationship such as entrustment or debt joining, the plaintiff asked Qi to bear the debt, which was not supported because of insufficient evidence.
To sum up, according to Article 107 of People's Republic of China (PRC) Contract Law, the judgment is as follows:
Judgement result
1. Defendant Qi shall pay the plaintiff Fengtai Trading Co., Ltd. 54 192 yuan within ten days from the effective date of this judgment;
Two. Reject other claims of the plaintiff Fengtai Chang Fei Trading Co., Ltd. ..
If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).
The acceptance fee of this case is 827 yuan, of which 249 yuan shall be borne by the plaintiff Fengtai County Trading Co., Ltd. and 578 yuan shall be borne by the defendant.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the Intermediate People's Court of Huainan City, Anhui Province.
Document tail
Judge Don Wei Yi.
202 1 June 25th, 2008