1, written as follows:
(1) title, stating "criminal (or civil) defense";
(two) the basic information of the respondent, such as the name, gender, age, nationality, native place, occupation and address of the respondent;
(3) reasons for defense;
(4) Signature and seal of the respondent.
2. Legal basis: Article 125th of the Civil Procedure Law of People's Republic of China (PRC).
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
Second, the writing of defense.
Defendant (counterclaim defendant): _ _ _ _ _ _
Address: _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Defendant (counterclaim plaintiff): _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _
Because the respondent filed a counterclaim against the lease contract dispute, the respondent made the following reply:
1. The respondent's request for an invoice from the respondent lacks factual and legal basis and should be rejected according to law.
At the beginning of signing the lease agreement, the respondent has clearly informed the respondent of the fact that he enjoys preferential tax policies and cannot provide tax invoices. It is in this case that the lease agreement signed by both parties stipulates that "Party A will issue bills to Party B in time after receiving the rent from Party B". The meaning of bills here should be receipts rather than tax invoices. In addition, according to the "Measures for the Administration of Invoices" issued by the Ministry of Finance, it is the obligation of the units and individuals that handle tax registration according to law to obtain and purchase invoices from the tax authorities. The respondent is a legal person of a social organization, not a battalion or sex unit, and does not need to apply for tax registration according to law. Therefore, the respondent's claim that the respondent issues invoices on its behalf has no legal basis.
2. The respondent's claim for the respondent to pay the liquidated damages of RMB 6,543,800+0.6 million also lacks factual and legal basis and should be rejected according to law. As mentioned above, when signing the lease agreement, the two parties made a specific agreement on whether to issue invoices. This agreement is the true intention of both parties, and it does not violate the relevant laws and regulations, and should be considered as legal and valid. Therefore, the respondent's failure to issue an invoice to the respondent does not violate the contract.
Regarding the fact that the Respondent claimed that the Respondent did not provide it with heat normally, because the evidence provided by the Respondent was not enough to prove the existence of this fact, its claim to require the Respondent to pay liquidated damages could not be established.
To sum up, the respondent's counterclaim lacks factual and legal basis and should be rejected according to law.
Tangible person: _ _ _ _ _ _ _
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