The hottest payment dispute triggered a civil laws

  • Detail

Payment dispute triggered a civil lawsuit and was wanted by the police after winning the lawsuit

payment dispute triggered a civil lawsuit and was wanted by the police after winning the lawsuit

April 11, 2012

[China paint information] "tell your son to come first. If we catch him, things will be serious." When hearing the case handlers of Longyou County Public Security Bureau in Zhejiang Province say so, Sun Beach, a farmer in Yongkang City, Zhejiang Province, was scared and his legs trembled

Sun Beach's son, sun Zhongde, has been listed by Zhejiang Longyou police since November 4 last year, paying more attention to contact with foreign countries. The identity of the fugitive made sun Zhongde "unable to do business, afraid to use his ID card when going out, afraid to fight when something happened, and worried all day."

"my son was wronged. By doing so, Longyou County Public Security Bureau was completely illegally involved in economic disputes and was forcing" debt "for qiuyuqing, member of the Standing Committee of the Longyou County CPPCC." Sun Beach told the rule of law weekend. Changjiang Ping, the legal system brigade of Longyou County Public Security Bureau, denied this claim

payment disputes triggered civil lawsuits

according to the data, Sun Beach said that Qiu Yuqing has many titles. He is the chairman of Zhejiang Huanda paint Group Co., Ltd. (hereinafter referred to as Huanda paint), a member of the CPPCC Quzhou Municipal Committee, a member of the Standing Committee of the CPPCC Longyou County, the vice president of Zhejiang Coating Association, the vice president of Quzhou Entrepreneurs Association, and the vice president of Longyou County Federation of industry and commerce

On January 9, 2011, Qiu Yuqing sued sun Zhongde to Longyou County Court for a payment dispute. According to the judgment, on December 7, 2009, the two parties signed two paint supply and demand contracts. According to the contract, sun Zhongde failed to pay as agreed, and the loan owed was more than 410000 yuan. Although repeated calls failed, the lawsuit was triggered

however, the amount of money involved in the case ascertained by the court was not so much. According to the court investigation, Yan Yun, a salesman of Huanda paint industry, signed the supply and demand contract with sun Zhongde on behalf of Qiu Yuqing, and it was also this person who carried out business contacts during this period. On December 2, 2010, before Qiu Yuqing sued sun Zhongde, Yan Yun and sun Zhongde signed an agreement on return and arrears according to the reconciliation results. According to the agreement, as of the signing date, the loan still owed is more than 145000 yuan, which can meet the experimental requirements of research institutes, universities, laboratories and enterprises at different levels. The two parties agreed to return the inventory of more than 71000 yuan on the same day. The two items were merged, with a total debt of more than 73000 yuan, which was agreed to be paid off within the next year

during the court hearing, Qiu Yuqing did not recognize this agreement, believing that the agreement was forged by sun Zhongde, and Yan Yun's signature was not signed by him. In view of this, the court entrusted the judicial identification center of Zhejiang University to identify Yan Yun's signature. The identification result was that the signature of "Yan Yun" in the agreement was indeed signed by Yan Yun himself

on May 5, 2011, the court rejected all claims of Huanda paint

according to sun Zhongde, on the day of the court's judgment, Huanda paint industry was very unhappy and threatened to let the public security arrest him face to face. He felt that with the court ruling, the public security would not act recklessly

to sun Zhongde's surprise, at the end of last year, he suddenly received a request from the police of Longyou County Public Security Bureau to assist in the investigation. At first, he didn't care. On a business trip, he received the police again. When he came back from his business trip, he learned that Longyou public security had put him on the wanted list

according to the fugitive hunting information provided by the police, sun Zhongde was listed as wanted on November 4. The brief case is: during the performance of the contract, suspect sun Zhongde forged a written certificate of return to Huanda paint industry, illegally possessed the company's oil paint products worth 47600 yuan, and his behavior has been suspected of contract fraud

won the lawsuit but was wanted by the police

"this return and debt agreement has been cross examined and confirmed by the court. How can it be forged by me when I get to the public security? And the police think I am suspected of illegally occupying 47600 yuan of paint products. I am even more confused." Sun Zhongde said

since then, sun Zhongde did not dare to show his face again with his ID card, and his business could not be completed. Even the customers who originally owed him money no longer paid attention to him. What made him more worried was that the appearance of public security personnel from time to time made his family very worried

therefore, sun Zhongde went to Qiu Yuqing through an intermediary to negotiate. On the day of the negotiation, Qiu Yuqing called Xia Er, the case police of the Economic Investigation Brigade of Longyou Public Security Bureau

according to sun Zhongde, on the same day, Qiu Yuqing proposed that the repayment must be made according to the amount he sued to the court, that is, 410000 yuan, and must be directly handed over to him, so that the public security can handle the bail pending trial, otherwise there is no need to talk. However, sun Zhongde proposed that 410000 yuan could be handed over to the Longyou County Public Security Bureau, and the Public Security Bureau would determine the fate of this amount after investigating it

sun Zhongde said that the policeman Charles just rejected this, thinking that the public security did not accept the money and let the two sides negotiate on their own. As a result, the negotiation collapsed on the same day. Police Charles just confirmed to the rule of law weekend that he was indeed involved in the negotiation that day. He said that the police could not accept the money because the law did not allow it

according to Changjiang Ping, the legal team of Longyou County Public Security Bureau, sun Zhongde's suspected contract fraud refers to the refund of inventory of more than 71000 yuan in the "debt and return agreement" signed between him and Yan Yun, of which 47600 yuan of paint products are unknown and have not been returned to Huanda paint industry. The keeper of the warehouse rented by sun Zhongde said that sun Zhongde took the paint away

however, sun Zhongde's explanation of the 47600 yuan products is that these products were indeed brought out of the warehouse twice, but these goods were directly handed over to Yan Yun on the same day. At that time, because there was a return agreement, there were no handover procedures. The driver hired to deliver the goods that day should be able to prove this process. Huanda paint didn't receive these goods. We should investigate and deal with Yan Yuncai

however, Longyou police approved the statement of the warehouse keeper of Huanda paint industry. Jiang Ping said, "based on this record and the reports of some other people, we believe that sun Zhongde is suspected of embezzling these products."

he said, "at the same time, from these objective behaviors, we can infer sun Zhongde's subjective malice. Therefore, we believe that sun Zhongde is suspected of contract fraud and has become a user to provide first-class products and excellent services. We do not have the intention of illegally intervening in economic disputes, nor do we have the situation of extorting debt for others. This paper puts forward some other requirements for PP as interior material."

sun Zhongde and Longyou police have their own opinions

on March 31 this year, sun Zhongde's father, sun Haitan, went to Quzhou Public Security Bureau to report the situation, and so far there has been no result

Copyright © 2011 JIN SHI