"Judge Duan, thank you for allowing me to receive the money that I haven't been coming back for 3 years in such a short period of time, and for reconciling us!Plaintiff Peng said.
Judge Duan, you are really too patient with the masses, I didn't have a good attitude before, don't care about ......Defendant Gao said excitedly.
Duan Yahui, assistant judge of the Second Civil Division, successfully mediated the case of Peng v. Gao in a contract dispute, and prompted Gao to perform in court.
Peng and Gao were originally friends, and in 2020, Gao contracted a roadbed construction project and asked Peng to make a roadbed for him. Peng was equipped with a driver and a roller for Gao's construction for 273 days, and Gao should pay Peng a total of more than 130,000 yuan for the roadbed, but only 90,000 yuan was actually paid, and the remaining arrears have not been paid, and Peng sued the court.
After Duan Yahui, the judge's assistant, accepted the case, he immediately launched an investigation, and after the plaintiff Peng applied for litigation property preservation, he guided him to improve the relevant materials. Clerk Yang Mengwei quickly issued a preservation ruling.
Why did you freeze my account, do you know how much trouble it caused me?"When the defendant Gao learned that his account was frozen, he was very emotional. Duan Yahui explained to him in detail the relevant legal provisions on preservation, and gradually stabilized Gao's emotions.
Gao said that the reason why he owed Peng more than 40,000 yuan was because the project party had not paid him for the project, and he had explained to Peng before, but he did not expect Peng to sue directly to the court and freeze his account, and he felt that the relationship between the two parties would not end there.
Duan Yahui patiently explained to Gao and actively provided a mediation plan.
I don't agree to repay it in installments, and I have to pay 47,785 yuan in one lump sum. "Plaintiff Peng categorically rejected all mediation opinions. For a while, the mediation was at an impasse.
Duan Yahui adjusted his thinking in a timely manner, and analyzed the evidence submitted by the plaintiff Peng, he did not have an IOU issued by Gao, only recording evidence, if **, Gao raised objections to the evidence, it is likely to be unfavorable to him.
Okay, let's just pay 40,000 yuan, but it must be paid within two months, and we have to agree on liquidated damages. Peng eventually relented.
On the day the mediation agreement was signed, the original defendants came to the court together.
People have made so many concessions, you must pay it back on time, or you will have to pay liquidated damages......After listening to Duan Yahui's advice, the defendant Gao said on the spot that the court was too patient with him and that he was willing to raise funds to fulfill it in court. Half an hour later, Gao took 40,000 yuan in cash and handed it to the plaintiff on the spot. Plaintiff Peng wrote an application for lifting the preservation on the spot, and shook hands with Gao.
Yongnian District Court has always adhered to the judicial concept of "as I am suing", adhered to the working principle of "mediation first, mediation and judgment combined", and strived to find the best solution to the case, handle disputes in a more convenient and harmonious way, resolve conflicts in a timely manner, and let the people truly feel the temperature and speed of justice.