The Supreme People's Court, People's Republic of China (PRC)
Civil adjudication
(20 16) the Supreme People's Court application No.2502
Applicant for retrial (plaintiff of first instance and appellant of second instance): Guangxi Nanning Ruijianfeng Survey and Design Co., Ltd.
Legal Representative: Huang Shouhua, chairman of the board of directors of this company.
Authorized Agent: Tian Qinghua, lawyer of Guangxi Chuangxiang Law Firm.
Authorized Agent: Huang Ying, intern lawyer of Guangxi Chuangxiang Law Firm.
Defendant (defendant of first instance and appellee of second instance): Guangxi Yongmao Construction Engineering Co., Ltd.
Legal Representative: Wen Zhong, chairman of the board of directors of this company.
Respondent (defendant in first instance and appellee in second instance): Guangdong Qiangxiong Construction Group Co., Ltd. (formerly Guangdong Lianjiang Jian 'an Engineering Co., Ltd.).
Legal Representative: Li Jianqiang, board chairman of this company.
The retrial applicant Guangxi Nanning Ruijianfeng Survey and Design Co., Ltd. (hereinafter referred to as Ruijianfeng Company) refused to accept the civil judgment of Guangxi Higher People's Court (20 16) Gui Minzhong 164, and our college formed a collegiate panel to review the case according to law because it sued the respondents Guangxi Yongmao Construction Engineering Co., Ltd. (hereinafter referred to as Yongmao Company) and Guangdong Qiangxiong Construction Group Co., Ltd., and the review has now ended.
Rui Jianfeng Company applied for retrial, saying that Rui Jianfeng Company claimed that the priority right of payment for project funds did not exceed the statutory time limit. Rui Jianfeng Company is the construction party of the foundation mixing pile project of Pingxiang Fushun Industrial Co., Ltd. (hereinafter referred to as Fushun Company), the executor of this case. After the construction of the foundation mixing pile involved in the suspension project, other projects of the whole project have been suspended, which makes it impossible to determine the starting point of the priority right of compensation for construction projects in this case. Therefore, Rui Jianfeng claims that the priority right of compensation for construction projects has not exceeded the statutory time limit. In addition, Ruijianfeng Company, together with Yongmao Company and Qiangxiong Company, is the construction party involved in the construction shutdown project. First, the judgment of the second instance found that Yongmao Company and Qiangxiong Company enjoyed the priority of compensation for construction projects, but did not find that Rui Jianfeng Company had the wrong priority of compensation. To sum up, it is requested to cancel the judgments of the first and second instance, and it is decided that Rui Jianfeng enjoys the priority right of compensation for construction projects in the auction of Fushun company series cases. 1. The legal fees for the second instance shall be borne by Yongmao Company and Qiangxiong Company.
The respondents Yongmao Company and Qiangxiong Company did not make statements.
We believe that this case is a case in which the parties apply for retrial, and examine whether the reasons for the parties to apply for retrial are established. The specific analysis is as follows.
Whether the priority right of compensation for construction project funds exceeds the statutory time limit when Rui Jianfeng Company claims that the construction project is shut down. Article 286 of People's Republic of China (PRC) Contract Law stipulates:' If the employer fails to pay the price as agreed, the contractor may require the employer to pay the price within a reasonable time. If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the project or apply to the people's court for auction according to law, except that it is not appropriate to discount or auction the project according to the nature of the construction project. The construction project price shall take precedence over the project discount or auction price. Article 4 of the Supreme People's Court's Reply on the Priority of Compensation for Construction Project Price stipulates:' The time limit for the contractor of construction project to exercise the priority of compensation is six months, counting from the date of completion of the construction project or the completion agreed in the construction project contract'. The priority right of compensation for the construction project price stipulated in Article 286 of People's Republic of China (PRC) Contract Law shall also apply to unfinished projects. When the contractor exercises the priority right of compensation for the construction project price, it shall also apply the provisions of Article 4 of the Supreme People's Court's Reply on the Priority Right of Compensation for the Construction Project Price. Specific to this case, the courts of first and second instance found that on September 7, 2009, the Intermediate People's Court of Chongzuo City, Guangxi Zhuang Autonomous Region (hereinafter referred to as Chongzuo Intermediate People's Court) made a civil mediation document ([2009] Chongminchuzi No.47), and after mediation by the people's court, the two parties reached a mediation agreement: Fushun Company paid 890,000 yuan to Ruijianfeng Company for the project, and the overdue payment was 500,000 yuan, and Ruijianfeng Company applied for compulsory execution of the above civil affairs. On June 5, 20 10, 1 year, Nanning Intermediate People's Court made a disposal plan for the auction proceeds of Fushun Company's series of cases (hereinafter referred to as the 20 10 distribution plan) and delivered it to Rui Jianfeng Company. Ruijianfeng Company did not object to the distribution plan, but other creditors such as Yongmao Company and Qiangxiong Company objected to the distribution plan of 20 10 and filed a lawsuit against the implementation of the distribution plan. According to the judgment result of the execution of the objection lawsuit mentioned above, Nanning Intermediate People's Court, after adjustment, re-made the auction payment distribution plan for Fushun Company's series of cases on 20 14/0/30, and delivered it to Ruijianfeng Company. Ruijianfeng Company proposed that it has the priority to be compensated for the construction projects involved. When Chongzuo Intermediate People's Court made a civil conciliation statement, Ruijianfeng Company had been able to determine the amount owed by Fushun Company, and advocated that the time limit for priority payment of project funds should also be calculated from this time. Rui Jianfeng Company claimed that it claimed the priority of compensation for construction projects when it applied to the people's court for the execution of the above-mentioned civil mediation. However, in the case that the 20 10 distribution plan made by Nanning Intermediate People's Court did not recognize that Ruijianfeng Company had the priority of compensation for the project involved, Ruijianfeng Company did not file a lawsuit against the implementation of the distribution plan within the statutory time limit, nor did it file a lawsuit against the project involved. Rui Jianfeng filed a claim after Nanning Intermediate People's Court made a distribution plan of 20 14 on October 30th, 20 14, which has exceeded the exercise period of six months. The judgment of the first and second instance found that Rui Jianfeng Company's claim that the priority of compensation for construction projects has passed the statutory time limit, and there is nothing wrong with it.
The time limit for exercising the right of priority in compensation for the construction project price belongs to the scheduled period, and the contractor shall claim through litigation within the statutory time limit. Rui Jianfeng Company's retrial claim that the priority of construction project payment is a kind of legal priority, which does not need the retrial reasons explicitly advocated by the parties, and has no basis in law. The retrial of Rui Jianfeng Company also claims that it, together with Yongmao Company and Qiangxiong Company, is the construction party of the shutdown project involved in the case, and should also enjoy the priority of compensation for the shutdown project involved. As mentioned above, after receiving the distribution plan of 20 10, Yongmao Company and Qiangxiong Company both filed a lawsuit against the implementation of the distribution plan, claiming the priority of compensation for the construction projects involved, and confirmed the priority of compensation for the construction projects involved with the effective judgment. As Ruijianfeng Company did not claim the priority of compensation for the construction project price within the statutory exercise period, the retrial reason for requiring it to enjoy the same priority of compensation for the construction project price involved as Yongmao Company and Qiangxiong Company could not be established, and our hospital did not support it.
To sum up, Rui Jianfeng's retrial application does not conform to the circumstances stipulated in Article 200 of the Civil Procedure Law of People's Republic of China (PRC). In accordance with the provisions of the first paragraph of Article 204 of the Civil Procedure Law of People's Republic of China (PRC) and the second paragraph of Article 395 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC), our court has made the following judgment:
Reject the retrial application of Guangxi Nanning Ruijianfeng Survey and Design Co., Ltd. ..
Presiding judge Gong Bangyou
Judge Gao Xiaoli.
Judge Li Wei.
20 16 years 1 1 30th of the month
Assistant Judge Zhang Limin
Clerk Chen Wenbo.