Henan Yanjin Court "Online" Mediation of Cross domain Enterprise Related Contract Disputes
2022-11-11
Recently, the Shipogu Court of the People's Court of Yanjin County, Henan Province successfully mediated a contract dispute case with a target amount of 4.3 million yuan through "online" mediation, achieving the goal of both epidemic prevention mediation and safeguarding the legitimate rights and interests of enterprises. An intelligent heavy industry company of the plaintiff and an environmental protection technology company of the defendant signed a purchase and sale contract and an operation contract for the machine-made sand production system. The contract agreed that the plaintiff would provide the defendant with machine-made sand production system and installation and operation services, with a total contract price of 14 million yuan. The defendant should pay the plaintiff the corresponding amount according to the time and method agreed in the contract. On November 8, 2021, the plaintiff sent an enterprise reconciliation letter to the defendant, which stated that the defendant owed 5.2 million yuan as of October 31, 2021. An intelligent heavy industry company and its legal representative, Mr. Huang, filed a lawsuit against an environmental protection technology company and its legal representative, requesting the two defendants to pay 4.3 million yuan in price, interest and liquidated damages, and applied for the preservation of the property of the two defendants. As both defendants were in Shandong Province, they could not appear in court to answer the lawsuit because of the need for epidemic prevention and control. In order to avoid increasing the burden of litigation of the parties, the presiding judge communicated with both parties by telephone for many times and listened carefully to their opinions. After learning that the company's financial difficulties caused it unable to repay due to the epidemic situation, the judge in charge explained the legal relationship and liability for breach of contract to the defendant respectively, communicated with the plaintiff about the necessity of maintaining the long-term cooperative relationship between the two parties, and both parties agreed to make concessions. After many communications, the case has taken a turn for the better, but both parties still have big differences on the specific payment time, interest calculation, liability for breach of contract and other issues. The presiding judge balances the economic interests of both parties, patiently conducts mediation work between both parties, so that both parties gradually narrow their differences. Considering that the defendant's business was depressed due to the epidemic situation, the plaintiff voluntarily made a concession of 700000 yuan, and finally both parties reached a mediation agreement, which was signed and confirmed through the Yunjian trial procedure. After the mediation of the case, the responsible judge continued to pay a positive return visit to the performance of the case and urged both parties to actively perform their obligations. (Liu Xinshe)
Edit:Hou Wenzhe Responsible editor:WeiZe
Source:chinacourt.org
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