1. Overview of the case:
XX business department operates hardware and hydropower in Huai'an City. In 2018, Wu purchased hardware and building materials from the XX business department, and issued an IOU on March 22, 2019, confirming that the outstanding payment was 27,144 yuan. Later, the XX business department issued an invoice to Company A, and Company A constituted a debt to join and should bear the joint responsibility for repayment. However, at present, Company A and Mr. Wu have not paid the payment, so the XX business department sued the court.
2. The verdict of this case:
The defendant Wu paid the plaintiff XX business department 27,144 yuan and interest on overdue payment.
3. In this case, the crux of the case is as follows:
1.How to determine the subject of payment for the goods involved in the case;
2.Whether the xx business department has established a sales contract relationship with Wu.
4. Lawyer's analysis and views:
The XX business department has fulfilled the supply obligation, and the buyer shall pay the payment in a timely manner. Mr. Wu had a subcontracting relationship with Company A, and he purchased goods from the XX business department in his own name and issued an IOU. After carefully inquiring about the specific situation and process of the dispute between the XX business department, Company A and Wu, 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 determined that Wu was the counterparty to the sales contract and should bear the responsibility of paying the payment.
5. Lawyer's Tips:
If you encounter a dispute over a sales contract, you need to pay special attention to:
1.If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses;
2.A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.