True love "cloud mediation" judicial relief of enterprise worries
Author:Hubei Daily Time:2022.09.20
"I did not expect that the judge would not only break the case, but also draw it. For so many years of rent, the rent has finally got it." Recently, the person in charge of an industry and trade company in Hubei came to the Jiang'an Court of Wuhan City to printed "optimizing business law enforcement as the people" Jinqi was sent to the Judge Luo Song.
The dispute over the lease contract of this house dates back to 2017. The factory area of a cultural industry company leases the industrial and trade company is intended to build a cultural and creative park with an area of 124 acres. After the completion of the Cultural Innovation Park, due to various factors, the operation was in trouble. By June 2021, the rent had been arrears of more than 5 million yuan.
After many negotiations, the Industrial and Trade Corporation claimed to terminate the contract, and the cultural industry company paid rent and liquidated damages. After receiving the notice of prosecution, the cultural industry company did not accept it, and believed that there were flaws in the park firefighting and other procedures provided by the Industrial and Trade Corporation, which affected its operations, and had a huge funding of decoration, and there were decoration losses. 90 million yuan, etc. In response to the counterclaim, the industrial and trade company changed the request for litigation and requested to increase the amount of compensation. The two parties hold their own words, do not give up, and the contradictions are upgraded.
The case was exceeded 100 million, and there were many evidence materials. The judge organized a pre -court meeting to exchange evidence and listen to opinions. After the pre -court meeting, both parties supplemented a large amount of materials, but lawyers of cultural industry companies could not go to the court quality because they were in the outside world. In the face of hundreds of pages of evidence, Luo Song actively negotiated with the lawyers of both parties, adopting the "cloud evidence" method to send electronic materials through the mailbox, and express preliminary evidence opinions to find out the focus of the dispute between the two parties and do a good job of the next step.
Through multiple communication, I understand that the two parties have a large difference in the reconstruction of the park. Luo Song took the team to the field to check and found that although the evidence submitted by the parties has the initial construction drawings, the actual construction in the later period is large. On the other hand, the judge hand -painted simple version of the structure diagram, and the true appearance of the park.
"Comparing the construction drawings and hand -drawn drawings, the cultural industry company has indeed carried out a lot of transformation. Do you see if the two parties can sit down and talk about it?" Luo Song talked with the lawyer of the industry and trade company with the drawing of the drawing. The park's repeated polishing, careful transformation and difficulties, and helplessness, said: "The investment of cultural industry companies has given the cultural connotation of the old factory area, and the decoration value can be fully utilized."
On the basis of the dual -line efforts and strive for mutual understanding, the judge has repeatedly organized the two parties to "separate" communication. Both lawyers were moved by the judge in depth, and the spiritual and meticulous spirit was moved. Reach the reconciliation memorandum online and the mediation is successful. In the end, the cultural industry company withdrew the counterclaim, paid the rent in installments, and the increasing claims of the retraction of the ICBC and the default damages. The two parties shook hands.
The business environment is the vane of investment and a barometer for development. Judge of Jiang'an District, the hand -painted park map, carried out "cloud mediation", and even the true and hot judicial situation showed the positive role of trial work in optimizing the business environment.
(Hu Shuming)
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