Civil Defense and Counterclaim 1
Respondent and Counterclaimant: Hu ______, female ______ years old, Han nationality, temporary laborer, ______ province ______ county, living ______ County Forestry Bureau Bamboo and Wood Processing Factory Dormitory.
Appointed agent: ______ County Legal Counsel Office attorney ______
Plaintiff ______ County Native Products Company v. Debt, now filed an answer and counterclaim as follows:
(a) the part of the answer: I (answer and counterclaimant) since _____ the _____ month of _____ since the plaintiff hired as a temporary laborer, a professional truck loaded yet Bamboo, bamboo chips and other earth products. In the morning of ____ _____ _____, I and five other temporary workers in the plaintiff's yard loading bamboo, because the truck has no fixed iron or wooden frame, only temporary selection of a few moso bamboo as a pole, loading equipment is not secure, coupled with overloading of 2.6 tons (250 moso bamboo), so that moso bamboo collapsed, I fell from the car, was moso bamboo injuries, unconsciousness.
After the hospital examination and diagnosis, I was ? Traumatic splenic rupture, concussion? , head laceration stitches 12 stitches, splenectomy, *** transfusion of 1810 ml of blood, hospitalized for 56 days, spent 890.27 yuan in medical expenses.
After discharge from the hospital, the medical advice to rest for six months (hospital diagnosis has been submitted to your hospital).
The occurrence of this work accident is entirely caused by the plaintiff's side of the loading equipment is not firm, labor protection system is not sound.
The plaintiff, as a state-owned enterprise, not only did not check and improve its own work, but also shirked its responsibility, which is very undesirable.
The Ministry of Labor published the draft amendment to Article 36 of the Regulations for the Implementation of Labor Insurance, which provides that: ? . of the enterprises practicing labor insurance . Temporary workers, seasonal workers and probationers, the treatment during medical treatment for injuries on duty is the same as that of ordinary workers.?
According to the spirit of this provision, my treatment during the medical treatment of duty-related injuries should be handled in accordance with the provisions of Article 12(a) of the Regulations on Labor Insurance, that is to say, all of the consultation fees, medical fees, hospitalization fees, hospital meals, and travel expenses for medical treatment should be borne by the enterprise or the factory. During the period of medical treatment, wages will be paid as usual.
It can be seen that the plaintiff advanced to my medical expenses ______ yuan as my arrears and now want me to return, purely do not know the law, do not understand the law performance.
(ii) counterclaim part: I was injured on duty during the medical treatment, according to the law should be borne by the plaintiff's expenses are as follows:
1. cash payment of medical fees, blood transfusion ambulance fees amounted to 667.54 yuan (all the documents have been submitted to your hospital);
2. hospitalization during the meal 84 yuan (1.50 yuan per day, 56 days);
3. nursing Wage 112 yuan (1 person per day, nursing 56 days, the daily wage of 2 yuan);
4. Medical and post-discharge recuperation period *** 8 months of wages 480 yuan (60 per month)
The above four items, *** total 1343:54 yuan. In addition, I was injured before the balance of unclaimed by the plaintiff unlawful withholding of wages of 47.92 yuan, a total of 1391.46 yuan. In addition to the $800 that plaintiff advanced me for medical expenses. I should also be reimbursed 591.46 yuan.
I ask you to find out the facts, consolidate my counterclaims, and adjudicate in accordance with the law.
Hereby
_________ County People's Court
Respondent and Counterclaimant: Hu ______
_____ _____ January _____
Civil Answer and Counterclaim 2
Respondent and Counterclaimant (Defendant): Lu Moumou, male, Han nationality, born in 19xx, xx month xx, currently residing in so-and-so city, so-and-so district, so-and-so road x building xxx room, identity card number (略). Contact phone number (omitted).
Respondent and counterclaimant 20xx xx on xx xx received your court transferred the present complaint, now puts forward the reply and counterclaim as follows:
First, on the part of the present complaint of the defense claims
The plaintiff's claim lacks legal and factual basis, hope that the court rejects its claim.
1, the respondent's claim is not clear
China's Civil Procedure Law, Article 119 clearly stipulates that the prosecution must ? There are specific claims and facts, reasons? The first item of the respondent's litigation request there are two selective requirements, clearly belongs to the non-compliance with the ? Specific litigation request? The provisions of the court should be dismissed.
2, the respondent and the respondent signed the "Housing Lease Contract" is legal and effective
The respondent and the respondent signed the "Housing Lease Contract" on January 31, 20xx, regardless of whether the subletting of the landlord's consent, the "Housing Lease Contract" is legal and effective.
According to the "Supreme People's Court on the trial of urban housing lease contract disputes on the specific application of the law on a number of issues of the Interpretation of the first paragraph of Article 16? The lessor knew or should have known that the lessee sublet, but did not raise objections within six months, it is without the consent of the lessee on the grounds of requesting the termination of the contract or the invalidation of the sublease contract, the people's court does not support?
From January 31, 20 xx respondent sublet to March 20 xx respondent sued, the landlord has never objected, obviously belongs to the acquiescence of the sublease is valid. Respondent and respondent signed the Housing Lease Contract does not violate the legal prohibitions, of course, should be protected by law.
3, the respondent does not have the right to request the return of the rental deposit
The respondent and the respondent "housing lease contract" is legal and effective, then play a role in guaranteeing the rental deposit is not required to return. The respondent collected the lease deposit from the respondent, which is the consent of both parties and does not violate the legal prohibitions, so the respondent has no right to demand the return of the lease deposit.
Second, on the counterclaim part of the lawsuit and the facts and reasons
Counterclaim
1, requesting the court to terminate the counterclaimant and the counterclaimant signed the "Housing Lease Contract", and to pay the arrears of rent of 93,000 yuan (tentative to November 1, 20xx),
2, the costs of this case shall be borne by the counterclaimant.
Facts and reasons of the counterclaim
On January 31, 20xx, the counterclaimant and the counterclaimee signed the House Lease Contract, which stipulated that the counterclaimant would lease the first floor and the second floor of about 500 square meters of the house of the Hotel of So-and-so located at No.xx, So-and-so Road, So-and-so Town, So-and-so County, to the counterclaimee to engage in the catering business with a lease period of 15 years.
The rent began to accrue on July 1, 20xx, and was 6,000 yuan per month for three years, and 6,600 yuan per month from July 1, 20xx to June 30, 2016, respectively. After the contract was signed, the counterclaimant began renovations and started business.
After September 20xx, the counterclaimant has been delaying the payment of rent, which is a serious violation of the contract. According to Article 4 of the Housing Lease Contract, the Counterclaimant has the right to unilaterally terminate the lease contract without any compensation when the Counterclaimant delays the payment of rent for 15 days. Therefore, the counterclaimant demanded to terminate the Housing Lease Contract with the counterclaimant and demanded to pay the rent in arrears, and did not return the security deposit.
Hereby
The People's Court of So-and-so County
Respondent and Counterclaimant:
November 19, 2000