Wednesdays and saturdays, a quick review of all provincial court information
Cover news
Rufa case [2023]***
The eastern district court of the city of penyi: who shall bear the liability for the preservation of property
Between 8 november and 17 december 2021, the plaintiff, lin, transferred $219172 to the defendant's grandson. On 4 august 2022, the defendant issued a debit note to the plaintiff stating that the defendant had borrowed $218,400 from the plaintiff on the same day to repay the principal interest by 3 november 2022, in which the parties also agreed that the debtor would bear the costs of counsel, litigation, etc. Arising from the litigation. After the defendant failed to meet its repayment obligations on time, the plaintiff provided security in the form of a warranty from the insurance company, applied to the court for the seizure of the defendant's property, valued at $250,000, for which the court spent $500 on the preservation of the defendant's property, and also requested the court to award or conciliate the defendant's reimbursement of $218,400 and interest, to cover the costs of the case, the costs of preservation and the costs of the liability insurance。
The court considers that legal lending relationships should be protected by law. Sun koi shall repay the loan of $218,400 at the time agreed upon in the loan, so the court supports a claim by lin to repay the loan of $218,400 and interest. With regard to the plaintiff's claim for the lawyer's fee of $8,000, the court upheld the plaintiff's claim because the parties had agreed. Although the original defendant parties agreed in the article that the costs of litigation were to be borne by the debtor, the liability premium did not fall within the scope of the costs of litigation under article vi of the cost of action scheme, and that part of the expenditure was not necessary, and the court therefore did not support the plaintiff's claim for liability insurance。
Rufa experience
Provincial central park: “the phoenix, the judicial “cipher” for business regeneration
The ancients said that they had planted the tree and brought it to the phoenix. Because of the legend of the han zhiqi flute, the old state of zhuang called phoenix. In the context of a market economy, the “twilight tree” implies a rule-of-law business environment, and the “phoenix of gold” is a high-quality enterprise and the associated high-quality elements of finance, talent, technology, etc。
Insolvency trials are important tools for courts to demonstrate the role of the judiciary in deepening supply-side structural reforms, building a business environment and promoting economic development. In recent years, the provincial intermediate people's court has fully implemented its new concept of development, continuously optimized its work on insolvency, deepened its mechanisms for coordination of corporate bankruptcy, strengthened its capacity to conduct bankruptcy trials, improved the quality of bankruptcy trials, and gradually developed a brand of bankruptcy trials called "penhoku", providing strong judicial services and guarantees to promote high-quality economic development in the province。
Between 2018 and 2022, the city-wide court closed 237 bankruptcy cases, disposed of 342 businesses through insolvency proceedings, reactivating 45,000 acres of land resources, settling 30,000 employees and resolving non-performing loans of $103. 5 billion。
The city of jaining as city district court, the "court + tax" law enforcement coordination mechanism is in operation, opening up a new model of business excellence
On the morning of 2 august, as part of the overall effort to promote justice and a tax based on the rule of law and to create a market-based, rule-of-law business environment, the city court held a signing ceremony with the tax office of the euskai district and the tax office of the dun city district. The new model of “court-tax” cooperation, which combines the power and resources of both legal taxes, uses mechanisms such as joint meetings, information-sharing, hearings, the resolution of administrative disputes, collaboration in the disposal of corporate bankruptcys, real estate enforcement and coordination in the collection of taxes and charges, to work towards overcoming problems such as difficulties in implementation, difficulties in administration, etc., that constrain the establishment of the rule of law, will break down functional barriers between units, further improve the effectiveness of court law enforcement, ensure the timely and full entry of state taxes into the bank, and advance good governance。
The city of qingdao, the mok district court: the mok court's "blue storm" summer rain focused on the execution of the sword
In recent days, the mok court executive board has continued its “blue storm” summer operations, focusing on “swords” against those who refuse to meet their legal obligations. This operation sent 35 dry police officers, 8 police vehicles, 15 detainees, 5 detainees, 8 cases and over $190,000. This means that the mo court will continue its normalization of centralized enforcement actions, increasing the penalties for circumvention and evasion of enforcement by the person against whom it is carried out, and endeavouring to fulfil the legitimate interests of the successful party。
Rufa case
Rufa case [2023]***
Giano court: how can a borrower distinguish between the trueness of the debit
The defendant, who was a friend, borrowed $40,000 in cash from the plaintiff on 30 june 2007 and made a loan note without agreeing on interest on the loan, which was not repaid by the defendant after several reminders from the plaintiff. In vain, the plaintiff sued the defendant to the court for repayment of the loan of $40,000. The defendant argued that the first half of the loan was clearly different from the last signature, that the defendant himself would write, that there would be no sign-in, that the loan had been signed for a long time and that the defendant could not confirm whether the parties had made a loan agreement, so that the defendant was currently unable to confirm whether the loan submitted by the plaintiff was written by the defendant. The loan was only a contract for borrowing and the plaintiff had failed to fulfil its obligations under the contract and was therefore not entitled to demand repayment from the defendant。
In the course of the trial, the accused refused to identify the notes. In the present case, the disputed fact of the defendant's case occurred in 2007, when most of the financial transactions between natural persons were cash transactions, and when the plaintiff operated the wholesale distribution of fertilizer, it became easier to make cash transactions; at the same time, the defendant issued to the plaintiff a debit note stating clearly that “the borrowing of $40,000” was an indication that there was no misunderstanding between the parties as to the nature of the sum and that the parties had reached an agreement on the loan. In accordance with the custom of private lending transactions, the word “now” in the loan indicates that the presentation of the borrow is an acknowledgement of the fact that the defendant received the loan before or at the same time as the loan. In the light of the above, the fact that the defendant had borrowed $40,000 from the plaintiff in the present case was clear and sufficient evidence was admitted. The court upheld the plaintiff's claim for the restitution of the loan of $40,000。
Rufa case [2023]***
Zhang shop district court in zambo city: who says “it's okay to get hurt”? The civil code is self-defense
On 21 june 2022, at around 2300 hours, the plaintiff king, who played pool with his friends in a pool hall in zhang zhang zhang zhang zhang zhang, was angry at the fact that he had been losing the ball, saw the defendant zhang zhang, who was sitting next to the pool table, and thought that zhang had influenced his “ball games”, and “rolling away” the defendant zhang zhang zhang, who refused to leave, grabbed zhang zhang zhang zhang zhang and dragged him with his arms, and the defendant zhang zhang zhang zhang was beaten in front of the queen, and the latter both sides were held together and fell to the ground, and were injured on the left side of the plaintiff's face during a fall, it was determined that his injuries constituted a minor injury, and that his disability was identified as a level 10. Zhang's criminal detention was carried out by the zhang shop branch of the zambo city public security bureau for the purpose of wounding zhang. The people's procuratorate of zhang's district found that zhang's actions were criminal and decided not to prosecute. The plaintiff, wang zhang, filed an action in court on the grounds that his actions had caused bodily harm, seeking compensation from the defendant for damages of more than $170,000。
The court found, after hearing, that both parties had not objected to the course of an injury to the plaintiff's king, who believed that his injuries had been caused by the fall of zhang and his partner. The controversy in this case has focused on whether the defendant zhang should be held responsible. The evidence available in the consolidated case, in which the plaintiff's king initiated the matter on his own initiative, from the unreasonable request to leave the defendant to hit him directly, was the point of each escalation, and the defendant, zhang zhang, should not be legally liable for the personal injury of the plaintiff's king after he had acted to avoid further harm。
