The lawsuit from the sky made him "Lao Lai"

"For the whole 4 years, it has been unable to apply for a loan of commercial housing housing. You can't take a plane or high -speed rail. The work and life are seriously affected. Now the" Lao Lai "identity has finally been eluted, and the bank mortgage has been done." Recently, Zhang Bo (pseudonym) He made a special trip to the Procuratorate of Dadukou District, Chongqing to tell the case of the case handling Chen Yunzheng himself. He was removed from the "Lao Lai" hat, and the joy was overwhelming.

How did Zhang Bo's "Lao Lai" come from?

Pingbai provokes a lawsuit for no reason

In September 2018, when Zhang Bo went to the bank to apply for a house purchase loan, the staff was informed: "You have already been on the list of people who have been dishonesty, and you cannot go through the loan procedures for you."

Zhang Bo, who was confused, came to Dadukou District Court. After some inquiries, he was surprised to find that he had made a lawsuit for no reason. In June 2012, Zhang Bo signed a product trading contract with a mechanical company in Chongqing. Since the subsequent payment was not received, in September 2016, the mechanical company complained to the court. The court was absent from Zhang to pay more than 100,000 yuan in arrears and liquidated damages.

"At that time, I was only 20 years old. After being introduced by relatives, I learned to drive excavators. How can I have the money to buy a excavator?" "I have not signed the relevant trading contract, nor have the down payment. "Zhang Bo said that he only thought about it. He was busy to help his friends. He had handed a copy of his ID card to the excavator salesperson Gao Mou, and there was no following.

In September 2018, Zhang Bo then applied for supervision of the Dadukou District Procuratorate because the case had surpassed the application for retrial. "Zhang Bo's signature handwriting is indeed significantly different from the signature in the buying and selling contract." After the case, Chen Yunzheng found that there was indeed strangeness. Is this contract true or false? After contacting the mechanical company and communicating with the mechanical company, Chen Yunzheng decided to go to the mechanical company to retrieve the original contract.

Contract disappeared out of thin air

"Why is the original buying and selling contract gone?"

"Only these materials."

"Impossible, I have seen the original just now, it is colorful paper."

"I can't do this matter. The leader has been on a business trip today. A reply to you within this week."

Native

At the beginning, in order not to cause the other party to be alert, Chen Yunzheng only said that he was to consult the loan of the excavator bank involved in the case. After learning that Chen Yunzheng's intention, the legal personnel of the machinery company quickly found out the information box of the business. After receiving the information box, Chen Yunzheng turned to the original contract. At that time, he couldn't help but a secret joy. Thinking that as long as he was identified by the handwriting, the truth of the case would come out.

Unexpectedly, in the process of opening the procedures, the legal personnel suddenly proposed to ask for leaders and brought away a stack of materials to be retrieved. After returning, Chen Yunzheng found that the original contract disappeared out of thin air. Chen Yunzheng's repeated questions could not be held, and the legal personnel promised to answer as soon as possible. However, after half a month, the legal personnel repeatedly pushed and refused to provide the original contract, and other access channels did not make any progress.

The case was in an impasse, and Chen Yunzheng turned his attention to another evidence in the case of the case, the "Mortgage Loan Guarantee Service Agreement". The anti -guarantor signed the above -mentioned anti -guarantor signed Xu, a native of Tongzi County, Guizhou Province. Chen Yunzheng explained: "The problem is just that Zhang Bo insisted that Xu had never heard of Xu. Why did Xu be liable for compensation?" Lenovo thought that the sales contract was displayed in Guizhou. Related.

The truth of the case comes out of the water

After many twists and turns, Chen Yunzheng finally contacted Xu. At first, Xu did not cooperate. When the turnover appeared at the last call. "At that time, we changed the strategy and asked him what he asked for the dispute with the mechanical company, and stated that after understanding the situation, the procuratorial organs could help help them resolve contradictions. The legal responsibility should be assumed. "It was Chen Yunzhang's tireless interpretation of the law that made Xu gradually dispel the concern.

"In 2012, I found the sales representative of the machinery company Gao Mou bought an excavator. Because the ending program was not delivered on schedule, the background program of the excavator was locked by the mechanical company and could not be used normally, which caused the project progress to be seriously affected ..." Xu Xu Not only did a certain commission and Panpan, but also provided the collection and excavator photos issued by Gao Mou after paying 50,000 head payments.

The case of the case is turning. So, where is Gao Mou, a salesperson that connects Zhang Bo and Xu? A application form from Gao who retrieved from a mechanical company played a role. With the assistance of the public security organs, Chen Yunzheng found Gao Mou with the ID number recorded above.

After some inquiries, the fact that Gao Mou explained in line with Zhang Bo and Xu. Not only that, the "Application Filters" from the mechanical company, "Sales Contractive Book", have stated that customers are Xu, and the machine models and numbers indicated by them are completely consistent with the "Product Sale Contract" determined by the judgment.

"We went to the Loan Bank, and it was not Zhang Bo to query the actual repayment. It was returned by the cushion of the mechanical company." Chen Yunzheng said. At this point, the false lawsuit of this confusing excavator's trading contract has finally been the truth.

It turned out that in order to increase sales, the mechanical company acquiesced to the method of signing a contract with a contract with high -regional sales.In this case, Gao Mou signed a sales contract with the company with Zhang Bozhi's name, but the actual buyer was Xu, who was far away from Guizhou.Later, Xu had a dispute with the machinery company and did not pay the remaining in time. In order to recover the loss, the company filed a lawsuit with a false trading contract ... In August 2020, under the guidance of the Fifth Branch of the Chongqing Procuratorate, under the guidance of the Fifth Branch of the Chongqing City Procuratorate, Dadukou District Procuratorate issued retrial procuratorial suggestions to the local court.In November 2021, after the court's retrial, the verdict of revoking the original trial and dismissal of the mechanical company's litigation request was made.Subsequently, the mechanical company appealed.In March of this year, the court rejected the appeal and maintained a retrial.(Prosecutor's Daily Author: Manning Peng Jing Liang Xiaoyan)

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