Case new perspective · Minfeng | Random borrowing on the official seal signing contract result of "pot"

< /g>

Well known

The official seal is very important for the unit or enterprise

Improper management

Will bring a lot of trouble to the unit or enterprise

in reality

There are many companies disagreeing about this

Come on the official seal at will

Disputes caused by it are not uncommon

Minfeng County People's Court

Public trial of a case of lease contract disputes

Retrospective

On April 8, 2020, Yu Mou signed a excavator lease contract with a certain construction engineering Co., Ltd. and Liu, which agreed that Yu was equipped with an operator and Liu paid Yu Mou's mechanical lease fee on a monthly basis.

After using the excavator, the defendant Liu wrote a lease repayment certificate to the plaintiff Yu on October 21, 2020, which was leased a total of 192 days from April 8 to October 20, 2020 from April 8th to October 20th. The monthly lease fee is 40,000 yuan, totaling 256,000 yuan. At present, the lease fee has been paid 70,000 yuan, the remaining 186,000 yuan, and the overtime fee of 55,000 yuan, a total of 191,000 yuan.

The defendant Liu was stamped with the official seal of a construction engineering Co., Ltd.

Since then, Liu pays Yu Mou's lease fee of 70,000 yuan, and the remaining 121,000 yuan has not been paid.

After urging, Liu did not pay the remaining debt. On November 8, 2021, Yu Mou filed a lawsuit with the Minfeng County Court, requesting that a construction engineering Co., Ltd. and Liu Mou shared the lease fee.

Judgment result

Liu was stamped with a special seal for the contract for the excavator lease contract and the lease repayment certificate signed by the two parties, but the defendant's construction engineering Co., Ltd. argued in the trial that the company did not have the contract and repayment certificate in the contract and repayment certificate. The official seal has been used, and the company has not applied for identification or submitted relevant evidence to prove its claim.

The Minfeng County Court believes that the defendant Liu stamped the official seal of the defendant's construction engineering Co., Ltd. on the lease contract and repayment certificate, and the lease costs that Liu paid to Yu every month came from a certain construction engineering Co., Ltd. The reason is that Liu has the agency right of a certain construction engineering Co., Ltd., and the claim of a construction engineering Co., Ltd. cannot confront Yu Mou as a third party.

Therefore, the Minfeng County Court supported the plaintiff's claim of Yu Mou, ordered the defendant to pay a total of 121,000 yuan for the remaining lease costs of the defendant Construction Engineering Co., Ltd. and Liu Mou.

Law link

"People's Republic of China"

Article 490 stipulates that if the parties shall establish a contract in the form of a contract, the parties' signatures, stamping or sealing contract shall be established. Before the signature, stamp, or fingering, the parties had fulfilled their main obligations. When the other party accepted, the contract was established.

Laws, administrative regulations, or the parties agreed that the contract shall be established in writing. The parties have not adopted a written form, but one party has fulfilled the main obligations. When the other party accepts it, the contract is established.

Article 51: After the contract is effective, if the parties have no agreement or the agreement is not clear for the quality, price or reward, and the place of performance, it may be supplementary; if the supplementary agreement cannot be reached, Essence

Article 519 stipulates that the share of the share of the debtor is difficult to determine, and it is deemed the same share.

In fact, the debt of the debt that exceeds its share of its share has the right to go out of the scope of the shares that other lingering debtors' uncomfortable shares and enjoy the rights of the creditors accordingly, but they must not harm the interests of the creditors. The defense of other debtors' debate on creditors can claim to the debtor.

If the chasing libraries cannot fulfill its sharing shares, other joint debtors shall share it in proportion within the corresponding range.

Article 721 stipulates that the lessee shall pay the rent in accordance with the agreed period. There is no agreement or an agreement on the period for paying the rent. If it is still not determined in accordance with the provisions of Article 51 of this Law, if the lease period is less than one year, it shall be paid at the expiry of the lease period; If you pay each year and the remaining period is less than one year, you shall be paid at the expiration of the lease period.

The Explanation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China "

Article 90 stipulates that the fact that the parties shall provide evidence that the facts they have made on their claims or refute the fact that the other party's lawsuit shall be provided, except for the law.

Before making a verdict, if the parties failing to provide evidence or evidence are not enough to prove their facts, the parties who have the responsibility of the proof of proof shall bear the adverse consequences.

Judge remind

Civil transactions should establish a business thinking of "seeing people and not reading chapters" and do a good job of risk prevention and control. The company should do a good job of internal management, standardize the company's work management, do special personnel, and strictly prevent abuse of official seal. When signing the contract, the actor must strictly review the identity of the contract signed by the contract, focusing on whether the other party has sufficient agency permissions or whether it is a legal representative to review the authenticity of the contract.

Source: People's Court of Minfeng County, Hotan area

Correspondent: Zhao Fufu Qiao Li

Edit: Li Ruiqi Senbaiti

- END -