1. Overview of the case:
Since 2017, Company A has been supplying products to Company B for the JK100 project. Company B has filed a separate lawsuit with the court on the issue of the quality of the goods. Since Company A has provided all the goods, the remaining 10231243$1 was not paid by Company B. After repeated reminders from Company A, Company B refused to fulfill its payment obligations, so Company A sued the court.
2. The verdict of this case:
The defendant Company B paid the plaintiff Company A RMB 48354041$19 plus interest.
3. In this case, the crux of the case is as follows:
1.How to identify the goods involved in the case;
2.Whether Company B should pay the remaining payment.
4. Lawyer's analysis and views:
Company A delivers the goods according to the contract, and Company B only pays part of the payment, and the remaining payment 9626909If the $53 is not paid, Company B is in breach of contract and shall pay the remaining part of the purchase price 9626909$53 CAD. After carefully inquiring about the specific situation and process of the dispute between Company A and Company B over the international sale of goods contract, the lawyer cross-examined and debated the whole process and the relevant evidence provided by the parties from a legal perspective and logic, and successfully confirmed that Company B had breached the contract and should bear the liability for breach of contract and should pay the payment.
5. Lawyer's Tips:
If you encounter a dispute over a sales contract, you need to pay special attention to:
1.The contract of sale does not need to be concluded in writing or evidenced in writing, nor is it subject to any other conditions in terms of form. The contract of sale may be proved by any means, including personal identification;
2.The buyer must pay for the goods and take delivery of the goods in accordance with the contract and this Convention. The seller may require the buyer to pay the price, take delivery of the goods or perform his other obligations, unless the seller has exhausted a remedy that is inconsistent with that requirement.