Zhuhai: The plaintiff came to the lawsuit, why was it punished?

Text/Yangcheng Evening News all -media reporter Zheng Da Correspondent Su Qianwen Xiao Hui Yan Li Yuxin

The lawsuit is not a child's drama. The court does not believe in "acting". Recently, the Zhuhai Xiangzhou Court issued three "tickets" in a row of dishonesty lawsuits on three civil cases.

"Hidden Mystery" borrowing contract

On February 6, 2015, Gao and Lin signed the "Loan Contract" to confirm that Lin's loan from Gao Mou was 3.45 million yuan. Because Lin did not repay Gao, Gao Mou complained to the Xiangzhou Court in November 2015 and asked Lin to pay back his principal and interest. During the trial of the case, Gao and Lin voluntarily reached an agreement on the repayment of the repayment, and the Xiangzhou Court issued a civil mediation letter to confirm.

After the case entered the execution process, Lin submitted a retrial application. It turned out that there was no real borrowing relationship between Lin and Gao. Lin was arrears of outsiders Liang Mou. Liang Mou was 3.45 million yuan in bonds, and Liang owed Gao Mou 3 million yuan to borrow money. The plan that Lin was repaid from Gao Mou. Gao Mou knew that Lin was owed to the debt, but he also readily agreed to repay the plan. In order to make Lin's claims more "real", Gao and others have created relevant bank transfers for flowing water. Gao did not truthfully state the so -called "borrowing" that Lin Mou's arrears of outsiders Liang Mou's 3.45 million yuan gambling debt transformed, nor did it indicate that the 3.45 million yuan of transfer payment was always controlled by Gao himself. fact.

Xiangzhou Court retrial believes that Gao and others signed the so -called "Loan Contract" in order to cooperate with Liang to recover gambling debts and cover up illegal purposes in a legal form. In the following, Gao Mou's uncomfortable delivery obligations of the loan contract. The retrial judgment revoked the civil mediation letter of the original trial and rejected Gao's lawsuit. At the same time, it is believed that when Gao Mou was in the original trial lawsuit, it was not as good as the facts of the case, concealing the real legal relationship and important evidence, and hindering the court's normal trial of the case. 60,000 yuan.

Two "faces" settlement form

Yang, a company signed a "stone procurement contract" with a company. Because Jianjian did not pay the payment in full, Yang's company filed a lawsuit with the Xiangzhou Court in March 2022, requiring Jianmo to build a company in accordance with the "project pair of project pairs signed by the two parties. The account settlement form "pays more than 900,000 yuan to it and pays overdue payment loss.

In the original verification of the original evidence, the contractor found that the copy of the "Project Calculation Clear Form" provided by a company when prosecuted by a company was inconsistent with the original, and the amount of two settlement orders was 30,000 yuan. Faced with the inquiry of the undertaking judge, the company acknowledged that some of the payment amount on the copy was added by itself, but it also submitted a so -called "delivery list" that did not match the regular transactions and settlement methods of both parties. 30,000 yuan in payment.

The Xiangzhou Court believes that the company first adds the amount of payment on the copy without authorization, and then uses the documents that have no real purchase and trade transaction as a delivery voucher to confuse the customs. The trial of the case shall be fined 50,000 yuan in the company in accordance with the law.

"One Two Two -purpose" invoice

In January 2022, Jiang filed a lawsuit against the Xiangzhou Court, claiming that the chestnuts sold by a molybdenum company to the chestnuts were "incorrect", which constituted fraud. , And to bear the cost of transportation, communication, legal consultation and misunderstanding of transportation due to rights protection.

During the trial of the case, the judge found that the remarks of the lawyer fee VAT invoice submitted by Jiang recorded that there was an arbitration number number, but Jiang insisted that the invoice was the agency fee invoice for his expenditure in this case. The undertaking judge immediately issued the "Investigation Letter" to a law firm in Guangdong, which said the letter that Jiang Jiang and his working company's labor arbitration case invoice with his working company had nothing to do with this case. The undertaking judge sent a letter from Jiang to the law firm, and asked Jiang again on the cost. Jiang argued that although it was not all expenses spent because of this case, the invoice was true and legal, and it was only lacking in correlation.

The Xiangzhou Court believes that Jiang's statement of agency expenses was false statement during the trial and forged important evidence, which hindered the court's trial case, constituted a criminal lawsuit, and imposed a fine of 5,000 yuan for Jiang in accordance with the law.

The judge of the Xiangzhou Court reminded that the lawsuit should be relying on "true evidence", and false lawsuits such as concealment, deception, collusion, and fraud have seriously harmed the legitimate rights and interests of others, damaged judicial authority, and impacted the bottom line of integrity. In recent years, the Xiangzhou Court has strengthened the active review, adhered to strict punishment and source prevention, focused on building a false lawsuit punishment system for both symptoms and governance, creating a good atmosphere of clearing the wind and integrity lawsuit, fully guarantee the legal rights and interests of the parties of the lawsuit, for the high economy and society, Quality development provides strong judicial guarantees. Since 2021, two criminal liability for false lawsuits has been investigated for false litigation, 13 people have been fined, and the amount of fine is 535,000 yuan.

In the next step, the Xiangzhou Court will continue to improve the long -term mechanism of preventing and cracking down on false lawsuits, continue to light up the sword, compress false litigation space, create a judicial environment for integrity lawsuits, promote social integrity, and help optimize the business environment.

Source | Yangcheng Evening News · Yangcheng School

Editor -in -law | Zhu Jiale School Division | Zhao Dandan

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