Zhou Zhiming v. Chongqing Hongyuan Construction Group Co., Ltd.
Chongqing Fuling District People's Court
paper of civil judgment
(2009) Fufa Minzi Chu No.919
Plaintiff Zhou Zhiming.
Authorized Agent: Jiang Nengyou, legal worker of Chongqing Fuling District Center Legal Service Office.
Defendant Chongqing Hongyuan Construction Group Co., Ltd. (formerly Chongqing Fuling Hongyuan Construction Group Co., Ltd.). Organization code: 90855 149-4.
Legal representative: Tang, general manager of Chongqing Hongyuan Construction Group Co., Ltd.
Authorized Agent: Ran Guanghui, lawyer of Chongqing Saint Shi Niu Law Firm.
Authorized Agent: Lang Hong, lawyer of Chongqing Saint Shi Niu Law Firm.
After plaintiff Zhou Zhiming and defendant Chongqing Hongyuan Construction Group Co., Ltd. filed the case on March 6, 2009, Judge Zhang Guo applied summary procedure and held a public hearing in accordance with the law. Jiang Nengyou, the entrusted agent of plaintiff Zhou Zhiming, and Lang Hong, the entrusted agent of defendant Chongqing Hongyuan Construction Group Co., Ltd., attended the lawsuit in court, and the case has now been concluded.
Zhou Zhiming, the plaintiff, claimed that on April 30th, 2002, Chongqing Fuling Hongyuan Construction Group Co., Ltd. and Chongqing Fuling No.5 Middle School signed the Construction Contract for No.2 and No.3 Students' Dormitories in Fuling No.5 Middle School, which included civil works, water and electricity installation and decoration. In May 2002, the plaintiff went to the defendant's office to engage in water and electricity installation. After the completion of the project, the defendant issued an iou to the plaintiff on 1 9, 2004, owing the plaintiff the salary of 12000 yuan for water and electricity installation. Later, the defendant paid part of the arrears one after another. By February 7, 2007, there were still 4 140 yuan unpaid. After repeated unsuccessful collection, the plaintiff sued the court and asked the people's court to order the defendant to pay the plaintiff's water and electricity installation salary of 4 140 yuan and interest immediately. The legal costs shall be borne by the defendant.
In order to prove his claim, plaintiff Zhou Zhiming submitted the following evidential materials to our court in the lawsuit: 1, and the Construction Contract for Building No.2 and Building No.3 of Fuling No.5 Middle School signed by Chongqing Fuling Hongyuan Construction Group Co., Ltd. and Chongqing Fuling No.5 Middle School on April 30, 2002, in order to prove that the project was undertaken by the defendant and the project manager was Han Lewei. 2. The borrowing (receipt) document is intended to prove that on October 9, 2004, 65438, Han Lewei and others confirmed that they owed the plaintiff 12000 yuan for water and electricity installation, and the defendant still owed the plaintiff 4 140 yuan after repeated payments.
The defendant Chongqing Hongyuan Construction Group Co., Ltd. argued that there was no contractual relationship between the defendant and the plaintiff, and the defendant did not owe the plaintiff any money. During the trial, the defendant Chongqing Hongyuan Construction Group Co., Ltd. confirmed its original name as Chongqing Fuling Hongyuan Construction Group Co., Ltd.; In 2002, the defendant undertook the dormitory project of No.2 and No.3 in Fuling No.5 Middle School in Chongqing, with Han Lewei as the project manager; In June, 2004, the second and third buildings of students' dormitory in Fuling No.5 Middle School in Chongqing were completed and accepted.
Defendant Chongqing Hongyuan Construction Group Co., Ltd. has no objection to the authenticity of the construction contract of No.2 and No.3 buildings of Fuling No.5 Middle School Student Dormitory presented by plaintiff Zhou Zhiming; The plaintiff Zhou Zhiming did not check the original evidence in court, but disputed its authenticity.
After the plaintiff Zhou Zhiming and the defendant Chongqing Hongyuan Construction Group Co., Ltd. gave evidence and cross-examined, our court made the following appraisal: The Construction Contract of No.2 and No.3 Dormitories in Fuling No.5 Middle School provided by plaintiff Zhou Zhiming was copied from Chongqing Fuling No.5 Middle School, which was objective and true and related to this case. The court confirmed it and accepted it as conclusive evidence; The debit note (receipt) is the original, signed by Han Lewei, Zeng Chonglian, Huang and Shu to confirm the amount owed and the subsequent payment reconciliation. Objective and true, relevant to this case. Confirmed by this court, it can be accepted as conclusive evidence. Accordingly, in combination with the statements of both parties in the trial, we confirm the facts of this case as follows:
Defendant Chongqing Hongyuan Construction Group Co., Ltd. was originally named Chongqing Fuling Hongyuan Construction Group Co., Ltd. On April 30, 2002, Chongqing Fuling Hongyuan Construction Group Co., Ltd. and Chongqing Fuling No.5 Middle School signed the "Dormitory Construction Contract for No.2 and No.3 in Fuling No.5 Middle School", the contents of which were civil engineering, water and electricity installation and decoration; Han Lewei was appointed as the project manager in the contract. In the process of engineering construction, Chongqing Fuling Hongyuan Construction Group Co., Ltd. contracted the hydropower installation project to plaintiff Zhou Zhiming to organize the construction. On October 9th, 2004/kloc-0, 65438, Han Lewei, Yu Shu and others settled with Zhou Zhiming on the payment for water and electricity installation, confirming that the plaintiff still owed 12000 yuan for water and electricity installation. In June, 2004, the second and third buildings of students' dormitory in Fuling No.5 Middle School in Chongqing were completed and accepted. Later, the defendant paid the arrears several times, and by February 7, 2007, he still owed 4 140 yuan. Zhou Zhiming, the plaintiff, repeatedly failed to collect the arrears and appealed to our court. In the lawsuit, plaintiff Zhou Zhiming gave up asking defendant Chongqing Hongyuan Construction Group Co., Ltd. to pay interest in court.
We believe that the defendant Chongqing Hongyuan Construction Group Co., Ltd. subcontracted the hydropower installation project to the plaintiff Zhou Zhiming to organize the construction during the performance of the construction contract of No.2 and No.3 buildings in Fuling No.5 Middle School in Chongqing, and neither party provided evidence to prove that the plaintiff Zhou Zhiming had the construction qualification, so the actions of the plaintiff Zhou Zhiming and the defendant Chongqing Hongyuan Construction Group Co., Ltd. violated the mandatory provisions of national laws, and the construction project contract during this period should be invalid; However, the hydropower installation project actually constructed by plaintiff Zhou Zhiming has been completed and accepted, and both parties have settled the project payment as agreed. After settlement by both parties, defendant Chongqing Hongyuan Construction Group Co., Ltd. has paid part of the project payment to plaintiff Zhou Zhiming, so plaintiff Zhou Zhiming requested defendant Chongqing Hongyuan Construction Group Co., Ltd. to bear the civil liability for paying the owed project payment, which should be supported by our hospital. Zhou Zhiming, the plaintiff of Chongqing Hongyuan Construction Group Co., Ltd., objected to the authenticity of the loan (collection) voucher, but did not provide evidence to deny it. Therefore, Zhou Zhiming claimed that Chongqing Hongyuan Construction Group Co., Ltd. still owed 4 140 yuan for water and electricity installation, which was accepted by our court. Accordingly, the defendant Chongqing Hongyuan Construction Group Co., Ltd. argued that there was no contractual relationship between the two parties, and the defendant did not owe the plaintiff money, which was not accepted by our court. Zhou Zhiming, the plaintiff, gave up asking the defendant to pay interest on the funds in court, which was a legal punishment for his rights and was allowed by our court. Accordingly, according to the provisions of Item (5) of Article 52 of People's Republic of China (PRC) Contract Law and Item (2) of Article 2 of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Construction Contract Disputes, the judgment is as follows:
Chongqing Hongyuan Construction Group Co., Ltd., the defendant, paid the water and electricity installation project money to Zhou Zhiming, the plaintiff, within 10 days after this judgment came into force.
If the obligation to pay money is not fulfilled within the time limit specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC).
50 yuan, the case acceptance fee, will be charged by 25 yuan at half, which will be borne by the defendant Chongqing Hongyuan Construction Group Co., Ltd.
If you refuse to accept this judgment, you can submit a copy of the appeal to our court according to the number of opposing parties within 15 days from the date of service of the judgment, and appeal to Chongqing No.3 Intermediate People's Court. And shall pay the appeal fee to Chongqing No.3 Intermediate People's Court within seven days after submitting the appeal. If the appeal fee is not paid within the time limit or the extension formalities are not handled according to the regulations, the Chongqing No.3 Intermediate People's Court will automatically withdraw the appeal.
After this judgment becomes legally effective, the parties concerned shall consciously perform all the obligations of the judgment. If one party fails to perform, the creditor may apply to our court for enforcement. The time limit for applying for compulsory execution is two years, counting from the last day of the performance period stipulated in legal documents.
Judge Zhang Guo.
April 2009 1 day
Bookkeeper Pan