Recently, the Xiangxiang Municipal People's Court successfully mediated two cases of sales contract disputes, and the two parties reached an agreement to release the previous suspicions, which set up a good communication bridge for the future cooperation between the two parties, while protecting the legitimate rights and interests of the winning parties, minimizing the impact on the rights and interests of the person subject to enforcement, and effectively "polishing" the background of the rule of law in the business environment with the implementation work, comprehensively improving the satisfaction and sense of gain of market entities, and achieving the "optimal solution".
The applicant for execution in this case is a renewable resource utilization in Shanghai, which is a technology-based "specialized, special and new" and high-tech enterprise, and the other party subject to execution is a renewable resources science and technology development in Hunan, which is a national high-tech enterprise engaged in the integration, utilization, deep processing and integration of production, education, research and application of waste glass resources.
In 2021, the two parties signed the "Procurement Contract" to supply glass clinker from a renewable resource utilization company in Shanghai to a renewable resource technology development company in Hunan. Due to the failure of a renewable resources science and technology development in Hunan to pay according to the time agreed in the contract, after the reminder was not paid, a renewable resource utilization in Shanghai filed a lawsuit with the Xiangxiang Municipal People's Court. At the same time, a renewable resource science and technology development company in Hunan sued the Xiangxiang Municipal People's Court for the unagreed quantity of goods in the utilization of renewable resources in Shanghai, demanding that a renewable resource utilization in Shanghai compensate for losses and pay liquidated damages.
After the judgment of the first instance and the second instance of the two cases, the final judgment of one of the cases was that a renewable resource science and technology development in Hunan paid 12.52 million yuan to a renewable resource utilization in Shanghai, and required a renewable resources science and technology development in Hunan to pay an overdue payment loss to a renewable resource utilization in Shanghai. The judgment of another case was that a renewable resource utilization in Shanghai compensated a renewable resource science and technology development in Hunan for liquidated damages of 990,000 yuan, and a renewable resources science and technology development in Hunan applied to the Hunan Provincial High People's Court for a retrial.
After the case entered the enforcement procedure, in order to ensure the normal operation of the enterprise and the smooth payment of employees' wages, the enforcement judge actively communicated with the parties, and after understanding, the two parties, as long-term partners, were willing to discuss the follow-up work and future strategic cooperation and development, and finally through the unremitting efforts of the enforcement judge, the two parties reached an enforcement settlement agreement on the enforcement case and the application for retrial, and the above two cases were combined. All the amounts determined in the judgment were discounted, and the payment time and payment method were determined, and the two cases involving enterprises were successfully settled, and the two enterprises shook hands and made peace.
In the course of the enforcement of this case, the enforcement judge did not enforce the law mechanically, but focused on optimizing the business environment under the rule of law, practicing the concept of goodwill and civilized law enforcement, fully considering and balancing the interests of all parties, reducing the burden of litigation on the parties, saving litigation costs, and ensuring the appropriateness and reasonableness of enforcement measures. In the future, the Xiangxiang Municipal People's Court will continue to strengthen the enforcement of enterprise-related cases, help enterprises to solve difficulties, and create a stable, fair, transparent and predictable business environment based on the rule of law for market entities, so that all kinds of market entities can invest with confidence, operate with peace of mind and concentrate on starting businesses.
Welcome to scan the code to followContributed by Zhang Shiyi.
Editor: Shen Xiangxiang.
Second core: Luo Yongjun.
Final review: Jiang Congren.