Applies ordinary procedures to hear civil cases
Trial transcripts
Hearing time: 14:30 on April 20, 2010< /p>
Court location: Changping Court of the Third People’s Court of Dongguan City
Case number. Case number: (2010) Dongsanfa Minyichuzi No. 2316
Cause of action:
Lease contract dispute
Cause of action:
Lease contract dispute Lease contract
Whether to be heard in public: Yes
< p>Presiding judge: Zeng Zebo Chief judge: Zeng Zebo Acting judge: Qiu Wanyi Zhong DeyingClerk: Liu Guan
: Liu Guan
The clerk reads out the court discipline (omitted)
The clerk checked the identity of the parties:
Plaintiff: Changping Town, Dongguan City: Sukeng Xinjia Joint Stock Economic Cooperative, Changping Town, Dongguan City, domicile: Su, Changping Town, Dongguan City Keng Xinjia Joint Stock Economic Cooperative: Defendant: Sukeng Xinjia Joint Stock Economic Cooperative, Changping Town, Dongguan City, domicile: Sukeng Xinjia Joint Stock Economic Cooperative, Changping Town, Dongguan City. Economic cooperative, domicile: Changping Town, Dongguan City: Sukeng Village, Changping Town, Dongguan City.
Legal representative: Legal representative: Zhou Jinshun.
Agent: Zhou Huiju, 35 years old: Agent: Zhou Huiju, 35 years old, a villager from Sukeng Village Committee.
Defendant: Dongguan Changping Xiexin Knitting Factory, domicile: Sukeng Village, Changping Town, Dongguan City.
Legal representative: Chen Weiqiang: Authorized agent: Chen Weiqiang.
Trial process: The parties and their litigation representatives have been verified to be in compliance with legal requirements and can participate in the trial activities of this case.
Court time: The Changping Court of the Third People's Court of Dongguan City is now in session. A public hearing was held on the case involving a lease contract dispute between the plaintiff, Sukeng Xinyi Joint Stock Economic Cooperative, Changping Town, Dongguan City, and the defendant, Dongguan City Changping Xiexin Knitting Factory. In accordance with the provisions of Article 40, Paragraph 2, Article 120, Article 130, Article 142, and Article 145 of the Civil Procedure Law of the People's Republic of China , the judge Zeng Zebo served as the presiding judge in this case, the judge Qiu Wanyi and the acting judge Zhong Deying applied ordinary procedures, and the clerk Li Lihua served as the recorder of the case. The plaintiff, Sukeng Xinjia Economic Cooperative, Changping Town, Dongguan City, attended the court to participate in the lawsuit, but the defendant, Dongguan City Changping Xiexin Knitting Factory, did not appear in court to participate in the lawsuit. The provisions regarding the litigation rights and obligations of the parties, as well as the rules that the parties should follow in the litigation, have been notified to the parties in writing before the trial. Are the rights and obligations of the parties in litigation and the rules to be followed clear?
Plaintiff: Clear.
Judge: According to the provisions of Articles 45 and 46 of the Civil Procedure Law, if you think that the above-mentioned judges and clerks have an interest in this case, it may affect the fair trial of the case. Yes, you can apply to avoid all or one of them. However, whether to withdraw shall be decided by the president or division chief of the court respectively in accordance with Article 47 of the Civil Procedure Law. Does the party apply for recusal?
Plaintiff: No application.
Judge: Did the plaintiff state the matters, facts and reasons for the prosecution?
Plaintiff: It is consistent with the complaint, no changes.
Trial: The plaintiff submits original evidence.
Plaintiff: 1. A copy of the "House Lease Contract", intended to prove that both parties signed a lease contract. 2. Dongguan Foreign Trade and Economic Cooperation Bureau documents and equity transfer agreement intend to prove that Dongguan Changping Xiexin Knitting Factory is a foreign-invested enterprise invested by Chen Weiqiang. 3. The cooperation contract of GCL Knitting Factory in Changping City, Dongguan City proves that the Sukeng Management District of Changping Town, Dongguan City signed a cooperation contract with (Hong Kong) GCL Trading Co., Ltd. (hereinafter referred to as "GCL Company"). collaborative relationship.
Trial: What is the relationship between the plaintiff and the defendant?
Plaintiff: The relationship between the lessor and the lessee.
Review: When was the lease contract signed?
Plaintiff: In early October 1992, the Foreign Economic and Trade Commission documents reflected that when the legal representative was changed to Chen Weiqiang in 2004, a supplementary lease contract was signed in January 2005.
Trial: Are there any previous contracts?
Plaintiff: Can’t find it.
Review: Are there any changes between the previous contract and the current one?
Plaintiff: The leased area and location are the same.
Reviewer: When do you want the rent now?
Plaintiff: What we require is the rent for May 2009.
Presiding Judge: What is the specific amount of rent?
Plaintiff: 12,550 yuan.
Review: How is the rent reflected?
Plaintiff: It is reflected in the second article of the contract signed between us and the defendant on January 1, 2005.
Review: Monthly rent payment schedule?
Plaintiff: Pay the monthly rent before the 10th of each month.
Trial: Have you ever asked the defendant for rent?
Plaintiff: We pressed, but the other party refused to hand it over.
Judge: What is the basis for your request to terminate the lease contract signed by both parties starting from June 2009?
Plaintiff: Yes, because the person in charge of the defendant has actually escaped, we cannot find him, and they have not paid the rent, so the contract cannot be actually performed.
Presiding Judge: Since the defendant did not appear in court, debate and mediation cannot be organized. Now you will express your final opinion.
Plaintiff: I request support for my lawsuit.
Presiding Judge: This concludes today’s trial. Please read the transcript and sign if it is correct.