Zhou Zhiming v. Chongqing Hongyuan Construction Group Co. construction project construction contract disputes
Chongqing Fuling District People's Court
Civil Judgment
(2009) Fuling Law Minchu Zi No.919
Plaintiff Zhou Zhiming .
Appointed agent Jiang Nengyou, Chongqing Fuling District Center Legal Service Institute legal workers.
Defendant Chongqing Hongyuan Construction Group Limited (formerly known as Chongqing Fuling Hongyuan Construction Group Limited). Organization code: 90855149-4.
Legal representative Tang Junxiong, Chongqing Hongyuan Construction Group Co.
Attorney Ran Guanghui, Chongqing Shengshi Niu Law Firm lawyers.
Appointed agent lang Hong, chongqing holy stone cow law firm lawyer.
The plaintiff ZhouZhiMing and the defendant chongqing HongYuan construction group limited company construction contract dispute, this court on March 19, 2009, according to law, by the trial judge ZhangGuo applying the simple procedure, open court hearing. The plaintiff Zhou Zhiming's agent Jiang Nengyou, the defendant chongqing Hongyuan construction group limited company's agent Lang Hong to participate in the proceedings, the case is now concluded.
The plaintiff Zhou Zhiming claim, on April 30, 2002, chongqing Fuling Hongyuan Construction Group Co., Ltd. and chongqing Fuling fifth school signed the "Fuling five student dormitory two, three building construction contract", the project content for the civil engineering, plumbing and electrical installation, decoration. in May 2002, the plaintiff went to the defendant's place of work, engaged in plumbing and electrical installation work. After the completion of the project, the defendant on January 9, 2004 to the plaintiff issued a note, owe the plaintiff water and electricity installation wages 12000 yuan. After the defendant has paid part of the arrears, to February 17, 2007, still owed 4140 yuan unpaid. The plaintiff repeatedly unsuccessful, so he sued to the court, request the people's court judgment immediately pay the plaintiff still owed 4140 yuan and interest on water and electricity installation; litigation costs borne by the defendant.
The plaintiff Zhou Zhiming to prove his claim, in the litigation to the court submitted the following evidence: 1, chongqing fuling hongyuan construction group limited company and chongqing fuling fifth school signed on April 30, 2002, "fuling five student dormitory two, three building construction contract", to prove that the project is the defendant construction, Han Lewei for the project manager. 2, borrowing (collateral) bills, to prove that in 2004, the defendant is still owed 4140 yuan of wages and interest; litigation costs. ) payment documents, to prove that on January 9, 2004, Han Lewei and others confirmed that owes the plaintiff water and electricity installation fee of 12000 yuan, the defendant has paid many times, still owes the plaintiff 4140 yuan unpaid.
The defendant chongqing Hongyuan Construction Group Co., Ltd. argued that the defendant and the plaintiff has no contractual relationship, the defendant does not owe the plaintiff any money owed. Court hearing, the defendant chongqing Hongyuan Construction Group Co., Ltd. confirmed: the company's original name is chongqing Fuling Hongyuan Construction Group Co., Ltd.; Defendant in 2002, chongqing Fuling fifth school student dormitory two, three building project, Han Lewei project manager; In June 2004, chongqing Fuling fifth school student dormitory, two, three building project by completion and acceptance.
The defendant chongqing hongyuan construction group co., ltd on the plaintiff zhou zhi ming cited "fuling fifth student dormitory two, three building construction contract" authenticity has no objection; On the plaintiff zhou zhi ming cited borrowing (collateral) bill not in court to see the original evidence, but its authenticity objections.
After the plaintiff Zhou Zhiming and the defendant chongqing Hongyuan Construction Group Co., Ltd. of evidence, the court made the following certification: the plaintiff Zhou Zhiming provided "Fuling five student dormitory two, three building construction contract" is to Chongqing Fuling fifth school copy, objective and true, and the case is associated, the court will confirm, can be admitted as evidence of the case; borrowing (collateral) documents are original! The borrowing (collateral) bill is the original, which contains Han Lewei, Shu Yu, Zeng Chonglian, Huang Qiuyue, Shu Fengguo and other signatures to confirm the amount of arrears and subsequent payment, reconciliation, objective and true, and the case is relevant, the Court confirms that can be admitted as evidence in the case. Accordingly, combined with the court hearing the statement of the parties, the court confirms the facts of the case as follows:
The defendant chongqing hongyuan construction group co., ltd was formerly known as chongqing fuling hongyuan construction group co., ltd and chongqing fuling fifth middle school signed the "fifth middle school students' dormitory two, three building construction contract", engineering content for the civil, water, water, water, and so on, and so on. Ltd. and Chongqing Fuling Fifth Middle School signed the "Fuling Fifth Middle School Student Dormitory No. 2 and No. 3 Building Project Construction Contract", the content of the project for the civil construction, plumbing and electrical installation, decoration; the contract determines the Han Lewei for the project manager. Project construction, chongqing fuling Hongyuan construction group limited company will water and electricity installation works contracted to the plaintiff ZhouZhiMing organization construction. 2004 January 9, HanLeWei, ShuYu and ZhouZhiMing on the amount of water and electricity installation project settlement, confirmed that still owed to the plaintiff water and electricity installation cost of 12000 yuan. 2004 June, chongqing fuling fifth middle school students dormitory two, three building project by completion of the project Acceptance. After the defendant has paid several times, to February 17, 2007, still owed 4140 yuan unpaid. Plaintiff ZhouZhiMing repeatedly unsuccessfully to collect the arrears of money and sued to this court. In the litigation, the plaintiff Zhou Zhiming court to give up requesting the defendant chongqing hongyuan construction group limited company to pay interest.
The court believes that the defendant chongqing hongyuan construction group limited in the performance of the fifth school in chongqing fuling signed the "fuling five student dormitory two, three building project construction contract", will be subcontracted to the plaintiff zhou zhi-ming plumbing and electrical installation works, both parties did not provide evidence to prove that the plaintiff zhou zhi-ming construction qualification, so the plaintiff zhou zhi-ming, the defendant chongqing hongyuan construction group Ltd. behavior of violation of mandatory provisions of national law, the construction contract shall be invalid contract; but the plaintiff ZhouZhiMing actual construction of water and electricity installation project has been completed and acceptance, the two sides in accordance with the agreement on the settlement of the project, and the defendant chongqing HongYuan construction group limited company in the settlement of the two sides has paid the plaintiff ZhouZhiMing part of the project, so the plaintiff ZhouZhiMing request the defendant chongqing HongYuan Construction Group Co., Ltd. to pay the outstanding civil liability, the court shall be supported. Although the defendant chongqing Hongyuan Construction Group Co., Ltd. the plaintiff Zhou Zhiming borrowing (collateral) bill authenticity objections, but did not provide evidence to deny, so the plaintiff Zhou Zhiming claim that the defendant chongqing Hongyuan Construction Group Co., Ltd. owes water and electricity installation costs of RMB 4,140 yuan unpaid, the court shall be admitted. Accordingly, the defendant chongqing Hongyuan Construction Group Co., Ltd. argued that there is no contractual relationship, the defendant does not owe the plaintiff, the court does not accept. Zhou zhiming, the plaintiff waived the request for payment of interest on the funds, is the legal disposition of its rights, the court shall be allowed. Accordingly, according to "the Chinese people's *** and state contract law" article 52 (5), "the supreme people's court on the trial of construction contract disputes over the application of law," the interpretation of article 1 (2), article 2 of the provisions of the judgment is as follows:
The defendant chongqing hongyuan construction group limited company in the judgment within 10 days of the force of law, the plaintiff zhou zhi ming plumbing and electric installation Project payment of RMB 4140 yuan.
If you fail to fulfill the obligation to pay money within the period specified in this judgment, you should double the interest on the debt for the period of delayed performance in accordance with the provisions of Article 229 of the "Chinese People's *** and the National Civil Procedure Law".
The case acceptance fee of 50 yuan, reduced by half 25 yuan, by the defendant chongqing hongyuan construction group co.
If you are not satisfied with this judgment, you may appeal to Chongqing Third Intermediate People's Court within fifteen days from the date of delivery of the judgment by filing a statement of appeal to this court and making copies according to the number of the other party. And should be filed within seven days after the appeal, to the third intermediate people's court of chongqing city to pay the appeal fee, late payment or not in accordance with the provisions of the deferred payment procedures, the third intermediate people's court of chongqing city according to the automatic withdrawal of the appeal processing.
After the legal effect of this judgment, the parties shall consciously fulfill all the obligations of the judgment. If a party fails to fulfill, the right holder may apply to this court for compulsory execution. The application for compulsory execution shall be for a period of two years, which shall be calculated from the last day of the period of fulfillment stipulated in the legal instrument.
Judge Zhang Guo
April 1, 2009
Reporter Pan Chengjing