Recently, a pennant embroidered with "Impartial Law Enforcement and Speed of Handling Cases" was sent to the Yongnian Court, and said to the presiding judge Wang Liping: "Judge Wang, thank you so much, not only to solve the dispute in my case, but also to consider the contradictions outside the case for me, you are really a good judge dedicated to the people!."”
In 2020, the plaintiff Lian and the defendant Shanxi company signed a "Partnership Agreement" for the partnership of a stone processing project, and agreed that the company must have complete licenses and a full set of procedures for production and sales. At the same time, Li, the actual controller of the company, borrowed 400,000 yuan from Lian to change the company's legal representative and undertake stone processing procedures. After the agreement was signed, Lian fulfilled the agreement and paid more than 20 yuan in advance for the company's construction.
In the course of operation, Lian found that the company did not have the conditions for mining and sales, and the cooperation could not be continued, and Li did not go through the procedures for changing the legal representative and undertaking stone processing as agreed. His breach of contract brought great economic losses to Lian. For this reason, Lian went to Shanxi many times to talk to Li for peace and tried to resolve this issue. After the attempt failed, Lian had no choice but to sue Li to the court on the grounds of a private lending dispute, claiming to repay the loan.
After studying the facts of the case, Judge Wang Liping held that in this case, the focus of the conflict between the two parties was not only the private loan, but also the partnership agreement between the two parties, and the plaintiff only claimed the return of the loan, but did not advocate the termination of the partnership agreement. Now, the defendant argued that the advance payment was used to handle the procedures for the change of the company, and it was not a loan, so the two parties were in dispute, and the crux of the problem was still in the partnership agreement.
After sorting out the context, Judge Wang Liping carried out the work of the plaintiff and the defendant respectively, and explained in detail to the defendant that his claim that the money was not a loan was unreasonable, and the existing objective facts clearly proved that the plaintiff's argument that the plaintiff's advance payment was used to pay for the so-called payment company change procedures was unconvincing in accordance with the law, and the two parties had been arguing for a long time, and could not solve the problem by evading, but would only increase the cost of responding to the lawsuit。 At this point, the plaintiff's petition could have been closed.
However, Judge Wang considered that the loan claimed by the plaintiff was only a superficial problem exposed after the signing of the partnership agreement, and if the partnership agreement between the two parties could not be dissolved, then there would still be hidden contradictions between the two parties. In addition, since the defendant's domicile is in Shanxi Province, a separate case claiming rescission will greatly increase the litigation costs of both parties. In order to completely resolve this issue, Judge Wang and his assistant Zhang Yanru used their lunch time to continue the mediation work on the issue of dissolving the partnership agreement, so as to facilitate the parties to reach a consensus on the dissolution of the partnership agreement. In the mediation room, the two parties shook hands and made peace under the witness of the court.
The plaintiff said to Judge Wang, "For more than two years, I have been to Shanxi many times without solving the problem, but I really didn't expect that it would be solved at one time in the court today." The defendant also said with emotion, "I really admire your Yongnian Court, we came from Shanxi, but I didn't expect it to be solved in one day." He also thinks about us and fundamentally solves our contradictions. ”
In recent years, the Yongnian Court has always adhered to the feeling of "as I am suing", handling every case with heart and affection, so that the law has feelings, warmth and strength, extending the "adjustment" forward, making the "solution" more deeply rooted in the hearts of the people, striving to find the best solution to the case, truly doing in-depth and meticulous work on the management of the source of litigation, and handling disputes in a more convenient and harmonious way, so that the people can truly feel the temperature and speed of justice.