When taking the means of transportation, choose the second-class or above class spaces of aircraft, train soft sleeper and ship;
Purchase of real estate or new, expanded or high-grade decoration houses;
Rent high-grade office buildings, hotels, apartments and other places to work;
Purchase of vehicles not necessary for operation;
Tourism and vacation;
Children attend high fee private schools;
Paying high premium to purchase insurance financial products;
Other consumption behaviors not necessary for life and work, such as taking all seats of g-head EMU train and other EMU trains with more than one class seats. If your unit (legal representative, main person in charge, person directly responsible for affecting the performance of debt and actual controller) uses personal property to carry out the above-mentioned acts due to private consumption, you can apply to this court.
Reasons for limitation
According to China judicial document network, the plaintiff Jiangsu Chenyang Electronic Co., Ltd. and the defendant Beijing hammer Digital Technology Co., Ltd. had business contacts, and the plaintiff supplied the defendant with mobile phone charger. The transaction mode of both parties is: the defendant issues a purchase order to the plaintiff, which is delivered to the place designated by the defendant after the completion of production by the plaintiff, and the receiving unit signs in the smartisan delivery receipt to confirm the receipt.
In addition, it was found that the plaintiff actually issued to the defendant a special VAT invoice with a total amount of 3755991.6 yuan. After the plaintiff sued, the plaintiff and the defendant signed a debt disposal agreement. According to the agreement, the debts incurred by the cooperation between the creditor (i.e. the plaintiff) and the debtor (i.e. the defendant) under the original cooperation agreement totaled 3705991.6 yuan. According to the debt disposal plan, the debtor shall pay 1111797.48 yuan to the creditor before January 31, 2019. If the debtor fails to make the payment as scheduled, the arrangement of this Agreement shall be invalid and the parties shall still perform according to the original debt situation. The debtor agrees to extend the payment term of the remaining debt of 2594194.12 yuan for 3 years, from February 1, 2019 to January 31, 2022. The plaintiff stated that the defendant failed to perform the first payment obligation in accordance with the debt disposal agreement.
Danyang peoples court holds that if one party fails to pay the price or remuneration, the other party may demand payment of the price or remuneration. In order to prove the amount of payment owed by the defendant, the plaintiff provided the purchase order, smartisan delivery receipt, special VAT invoice and debt disposal agreement to support the evidence. The evidence was sufficient, and the fact that the defendant owed the plaintiff 3705991.6 yuan was confirmed by the court. The amount paid shall be the defendants burden of proof. The defendant was summoned and did not send personnel to the court. The court recognized that the defendant only paid 50000 yuan according to the plaintiffs statement to calculate the amount of outstanding payment.
The defendant, Beijing hammer Digital Technology Co., Ltd., who was legally summoned by the court and did not attend the lawsuit without proper reasons, will not affect the courts default judgment on the basis of finding out the facts of the case.
In accordance with Article 109 of the contract law of the peoples Republic of China and article 144 of the Civil Procedure Law of the peoples Republic of China, the judgment is as follows:
If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the period of delay shall be doubled in accordance with Article 253 of the Civil Procedure Law of the peoples Republic of China.
The case acceptance fee is RMB 36448 and the preservation fee is RMB 5000, totaling RMB 41448, which shall be borne by the defendant.
If you are not satisfied with the judgment, you can submit the petition to the court within 15 days from the date of service of the judgment, and submit a copy according to the number of the opposite party, appeal to the intermediate peoples Court of Zhenjiang City, Jiangsu Province, and pay in advance the acceptance fee of the appeal case to the court.