On May 23, 2008, the plaintiff and the defendant Guizhou XX Real Estate Development Co., Ltd. signed the Construction Contract for Fire Protection Facilities Installation of XX Garden in XX District, and both parties agreed that the fire protection facilities installation project of XX Garden residential project developed and constructed by the defendant Guizhou XX Real Estate Development Co., Ltd. would be contracted to the plaintiff. After signing the contract, the plaintiff installed fire-fighting facilities for the above-mentioned residential project, and the first phase of the project was completed and accepted on 20 10. Later, due to the financial difficulties of the defendant Guizhou XX Real Estate Development Co., Ltd., the entire residential project was shut down, so the plaintiff suspended the installation of the second-phase fire-fighting facilities.
20 14 defendant Guizhou XX real estate development co., ltd raised funds. Therefore, the plaintiff and the defendant Guizhou XX Real Estate Development Co., Ltd. signed the Supplementary Agreement on Fire Protection Installation in XX Garden on June 13 of that year. Both parties agreed that the defendant Guizhou XX Real Estate Development Co., Ltd. still owed RMB 550,000 for the first phase, and the plaintiff delivered the first phase fire acceptance certificate to the defendant Guizhou XX Real Estate Development Co., Ltd., and the defendant Guizhou XX Real Estate Development Co., Ltd. paid RMB 550,000 for the arrears, RMB XX for the second phase contract price and RMB 1XX. The remaining XX Yuan was stopped because the defendant Guizhou XX Real Estate Development Co., Ltd. was unable to pay 20 10. Now, the fire installation of the defendant Guizhou XX Real Estate Development Co., Ltd. has been stopped for X years, and the difference is XX Yuan. The replacement of fire protection products in the first phase needs XX million yuan, so the defendant Guizhou XX Real Estate Development Co., Ltd. should pay XX million yuan in total, and the plaintiff should pay XX million yuan before construction. After the installation is completed, XX% of the total price will be paid when the fire control acceptance opinion is obtained, and the remaining XX% will be paid after one year.
Opinions of Guiyang Construction Engineering Law Firm
Judging from the contents of the contract, it should be recognized that there is a contractual relationship between the two parties, which does not belong to the exclusive jurisdiction stipulated in the construction contract. A contract is the true intention of the parties and does not violate the mandatory provisions of national laws and administrative regulations. The contract shall be valid and binding on both parties, and both parties shall perform their respective obligations in strict accordance with the contract.
As the subject matter of the dispute in this case is the currency of payment, the provisions in the second paragraph of Article 18 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC) shall apply. If there is no agreement or unclear agreement in the contract, and the subject matter of the dispute is the currency of payment, the place of performance of the contract is the place where the party receiving the currency is located.
In this case, the parties did not reach an agreement on the place of performance. The party receiving the payment is the plaintiff, and the plaintiff's domicile is the place where the contract is performed. According to Article 23 of the Civil Procedure Law of People's Republic of China (PRC), "A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed", this case shall be under the jurisdiction of the court of the plaintiff's domicile.
Lawyer He Fan.
He Fan, lawyer of Guiyang, former judge of a court in Guiyang, master student, member of china law society, correspondent of China Trial magazine. He has many years of legal practice experience, worked in Guiyang court system for many years, served as a judge for a long time, tried and executed thousands of cases, had rich experience in trial and execution, and published many papers in domestic journals.
Lawyer He Fan is good at sorting out the context of the case, accurately grasping the judge's judgment thinking and hitting the key point of the case. In many years of legal practice, we have persisted in guiding practice with theory and feeding back relevant theories with practice, which not only accumulated rich experience in handling cases, but also conducted in-depth research on professional knowledge. Good professional ethics, highly responsible working attitude and flexible handling methods make him good at safeguarding the legitimate rights and interests of the parties in the shortest time.
Published papers
Treatment of illegal buildings in judicial practice.
Legal Protection of Liquor Intellectual Property: China, Legal System and Society
Research on the random division mode of courts in the era of big data, Excellence Award of the 29th National Symposium on Court System.
media coverage
Put on handcuffs, Lao Lai is busy paying back the money, Guizhou Metropolis Daily.
"Thunderstorms show great power, and those who break promises take the initiative to pay compensation", which is concerned by the people.