One mediation agreement solves three 'cases within cases'
2024-08-02
Judge Xinglong, thank you for your diligent handling of the case, eliminating the barriers between our loved ones, and allowing us to regain our almost broken family ties... "On the other end of the phone, before Xiaomei could finish speaking, her cousin Xiaoshuai" snatched "her phone and kept thanking her. A mediation agreement has solved three "cases within a case", turning a close relative's "red face" into a "harmonious face". This has made Zheng Xinglong, Deputy Chief Judge of the Civil Second Division of Jiulongpo District People's Court in Chongqing, feel gratified. Xiaomei and Xiaoshuai are "strange relatives". Their father is the brother of a sister, and their mothers, Wang Jia and Wang Yi, are also sisters. For decades, the two families have been as close as one. Under the influence of their parents, the two also joined hands to establish the Chestnut Company. On the road to entrepreneurship, the siblings supported each other and their relationship has always been good. Unexpectedly, they went to court due to the equity transfer. The story still needs to start from 2022. In July of that year, Xiaoshuai and Xiaomei signed an equity transfer contract, agreeing that Xiaoshuai would purchase all the equity of Lizi Company held by Xiaomei for 30 million yuan, and Cashew Enterprise (with Xiaoshuai's father as the legal representative) would assume unlimited joint and several liability for this. On the same day, Xiaoshuai, Xiaomei, Wang Jia, Wang Yi, Lizi Company, and Cashew Enterprise signed a settlement contract, clarifying the creditor debtor relationship between the contracting parties. After the contract was signed, Xiaomei cooperated with Xiaoshuai to handle the equity transfer procedures and fulfilled the obligations stipulated in the contract. However, Xiaoshuai believed that Xiaomei had engaged in fraudulent behavior when signing the equity transfer contract, and therefore refused to pay the equity acquisition fee. After the conflict escalated, Xiaomei sued to the Jiulongpo District Court, requesting that Xiaoshuai be ordered to pay the equity acquisition fee and compensate for breach of contract, and that Cashew Enterprise bear unlimited joint and several liability for this. She breached the contract first, so the wicked should file a complaint first After learning that he had been sued, Xiaoshuai was very excited and submitted a lawsuit to the Jiulongpo District Court, requesting the revocation of the equity transfer contract, citing Xiaomei's breach of contract as a serious flaw in the effectiveness of the contract. Cousins turned against each other, and their parents also became enemies. In a fit of anger, Wang Jia, Lizi Company, and Cashew Enterprise filed a lawsuit with Jiulongpo District Court to revoke the settlement contract on the grounds of Xiaomei and Wang Yi's fictitious transfer of creditor's rights. The two sides were on high alert, and during the lawsuit, the two defendants filed a counterclaim, requesting the termination of the settlement contract on the grounds that the malicious litigation of the three plaintiffs resulted in the inability to achieve the purpose of the contract. Multiple contradictions are intertwined, and the relationship between the two families has also reached its lowest point. The economic exchanges between the two families are very complex, and the debt relationship is constantly complicated and chaotic. If the case is handled alone, it will only continue to pile up conflicts Zheng Xinglong firmly believes that the latter two cases originated from the previous case, and that "the contradiction began and should end here." He repeatedly reviewed the thick files and conducted a comprehensive analysis with the judges responsible for the two related cases, carefully summarizing the controversial points of the case: "In my case, both parties believe that the other party first breached the contract, and based on the existing evidence, it is not difficult to determine the liability for breach of contract. How about we open up a breakthrough from here?" After finding the "thread", Zheng Xinglong traced it down. The three cases are intertwined and interpenetrating, and behind them are the interests and disputes of two families. "Zheng Xinglong said that as a judge, it is necessary to treat both parties with an equal heart and settle the dispute in the name of the law. However, the relationship between the two parties is very special, and a single judgment may open the" legal knot ", but it may not necessarily untie the parties' hearts. For this reason, Zheng Xinglong has done his utmost in every aspect of the service, judgment, and litigation process. He seized the focal point of the dispute between the two parties and actively sought a breakthrough in mediation. "At the beginning, both sides were cold faced and unwilling to compromise, and several attempts at mediation failed. However, Zheng Xinglong was not discouraged. Your problem is not difficult to identify, and the related cases are also being processed in an orderly manner. Although a single judgment can achieve legal resolution and end disputes, it will only further tear apart your broken family ties. Moreover, litigation and fighting will only increase costs. You are both excellent entrepreneurs, and continuing to consume them will not benefit you... "Zheng Xinglong calculated the family, time, and cost accounts for both parties, bridged the differences with the" greatest common denominator "of interests, and guided both parties to think rationally in the long run. Zheng Xinglong's good intentions gradually opened up the knot between the two parties, ultimately leading to a mediation agreement. Xiaoshuai paid the outstanding equity acquisition fee in one go, and Xiaomei voluntarily waived other litigation claims. The successful mediation of this case completely resolved all litigation disputes arising from the equity transfer between the two parties, thoroughly cleared and settled other creditor debtor relationships between the parties involved in the related litigation, and provided strong guarantees for the proper resolution of the latter two cases. After the verdict in one case, the parties agreed to withdraw the lawsuit, while in the other case, the parties voluntarily withdrew the main lawsuit and counterclaim. At this point, the three 'cases within cases' were marked with a' pause 'due to a mediation agreement. We should treat the difficulties of the common people as our own family affairs and do a good job in judicial trials with the awareness of 'like I am in litigation' On the front page of his diary, Zheng Xinglong solemnly wrote these words. In daily case handling, he always acts diligently and conscientiously. As long as we stand firmly on the people's position, we can think through problems, make correct decisions, and do our job well. 'If I am in litigation,' we will always be invincible. "(Xinhua News Agency)
Edit：Lubaikang Responsible editor：Chenze
Source：rmfyb.chinacourt.org
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