Typical cases of private economic judicial protection of Chongqing Court (ninth batch)

01

Chongqing ACTC and Shanghai Software Technology Co., Ltd. Copyright Infringement Dispute Case

(2020) Yu 0103 Minchu No. 13844, Chongqing Yuzhong District People's Court

Basic case

Chongqing's technology limited liability company is mainly engaged in the development and sales of size chain computing and tolerance analysis software. The "Dimension Chain Calculation and Tolerance Analysis Software" products with independent intellectual property rights developed by its research and development have been widely used in many large domestic military, automobiles, communications, aerospace, equipment manufacturing and other enterprises since the development. Enjoy a high reputation and popularity. In July 2015, the company printed 4,000 volumes of "Dimensions Chain Calculation and Publicity Analysis Software" (hereinafter referred to as brochure). On January 29, 2018, the above -mentioned brochure obtained copyright registration.

Shanghai Software Technology Co., Ltd. was established in 2017. In order to introduce the size chain simulation computing software that it developed, a PDF file was uploaded by the QQ group that promoted the software. Essence The company also publishes articles on its website. The content of the article is exactly the same as that of some text content in the brochure.

Chongqing's technology limited liability company believes that the PDF documents uploaded by a software technology Co., Ltd. and published an article constituted an infringement of its copyright, requesting to order Shanghai Software Technology Co., Ltd. to stop infringement and compensate for losses.

Referee result

According to the trial of the People's Court of the Yuzhong District of Chongqing City, the text content in the band of a certain technology limited liability company in Chongqing focuses on the actual application effect of the user after using the software. The common graphics of the industry in the industry, both of which are originality. The intellectual achievements presented by computer software in text and charts are works protected by copyright law. As a peer company, Shanghai Software Technology Co., Ltd., in the document that promotes and introduces the same type of software in the company, uses the same text and size chain charts as the brochure. The copyright of Chongqing's technology limited liability company shall bear the infringement liability. After the sentence, the two sides appealed. The Fifth Intermediate People's Court of Chongqing's decision rejected the appeal and maintained the original judgment.

Typical meaning

This case is the intellectual achievement of the Chongqing Court to protect key private industrial software R & D enterprises, and help innovate typical cases of driving the development of the real economy. In this case, the plaintiff enjoys independent intellectual property products, and has a high reputation and popularity in the industry. The people's court uses originality as the substantial consideration of the identification of the work. Protection, ordered the defendant to stop infringement and compensated economic losses. It has effectively crack down on malicious violations of copyright. It demonstrates the distinctive attitude of the people's court's resolute protection of intellectual property rights.

02

Contract dispute between a real estate Co., Ltd. and Chongqing Enterprise Management Co., Ltd.

(2021) Yu 0101 China Early Chu No. 6380, Chongqing Wanzhou District People's Court

Basic case

A real estate Co., Ltd. (hereinafter referred to as "a real estate company") in Chongqing is an investment and construction of the "Wanzhou International Trade City" project, and a financing loan from banks is about 460 million yuan. After the project was completed and put into use, more than 1,000 merchants settled in an international trade city in Wanzhou, which contributed important forces to the economic and social development of Wanzhou District. The "Wanzhou International Trade City" project has also become a key investment promotion project in the area. In 2019, a real estate company and Chongqing Enterprise Management Co., Ltd. (hereinafter referred to as the "Sumi Management Company") signed a contract agreement. Transfer to an enterprise management company, a enterprise management company should actively establish an operating team to promote project operations. The total cost of investing in project operations year by year should reach a total of 40 million yuan. Essence On April 7, 2021, a real estate company believed that a business management company failed to invest in time in accordance with the contract and submit the operation plan to constitute a fundamental breach of contract.

Referee result

When he tried this case in the Wanzhou District People's Court of Chongqing City, the "Wanzhou International Trade City" project has fallen into a comprehensive dilemma and is very difficult to operate. A real estate company and an enterprise management company have a large difference in contradiction between the project operation investment costs and the amount of contradictions. The actual situation of the project operation investment through judicial audit will take a long time. There are many, the company's account has also been frozen, and its creditors have also had greater concerns about the operation of the "Wanzhou International Trade City" project. The company has been on the verge of bankruptcy. At the same time, there are many merchants in a certain international trade city in Wanzhou. If it cannot be solved in time and properly to solve the operation and management of the project, it is likely to cause many key investment promotion projects to be stranded, trigger group commercial disputes, and then affect the economic and social development and the overall social stability of the social situation. Essence In view of this, the court actively guided the two parties to fully communicate and negotiate through mediation, and ultimately promoted the voluntary mediation agreement between the two parties: the agreement was relieved of the transfer of operating rights. After the contract was lifted, a real estate company successfully received project management assets controlled by an enterprise management company.

Typical meaning

This case is a typical case of the people's court actively using a diversified dispute resolution mechanism to do a good job of "six stability" in judicial practice and implement the "six guarantee" tasks. The "Wanzhou International Trade City" is a key investment promotion project in Wanzhou District. Once the project is "bankrupt", it will directly affect the interests of more than 1,000 households to enter the interests of merchants and the investment promotion environment of Wanzhou District. The people's court comprehensively considers the interests of the project owner's unit, management unit, creditors, operators and other parties, and agreed to terminate the operating rights of a enterprise management company through mediation. After a real estate company successfully received the assets of the project, it quickly carried out project operations. The rents and sales revenue increased steadily. The People's Court resolved the main dispute between the business rights of the enterprise through mediation, and created conditions for the reinvention of enterprises to achieve vitality. It is a vivid practice of judicial services to ensure the stability and healthy development of the private economy.

03

A dispute over a housing lease contract with Zuo Mouhui such as Chongqing Enterprise Management Co., Ltd.

(2021) Yu 0236 Minchu No. 1537, Chongqing Fengjie County People's Court

Basic case

The plaintiff Chongqing Enterprise Management Co., Ltd. is the operating management party hosted by a auto trade city in Fengjie County. On September 24, 2016, a Chongqing Enterprise Management Co., Ltd. (now the plaintiff enjoys the corresponding rights and obligations) and the third party Lu Moukui signed the "Store Lease Contract", which will be leased to the two shops involved in the case of Zuo Mouhui and others in this case. Lu Moukui uses it. On February 24, 2017, the plaintiff Chongqing Enterprise Management Co., Ltd. (Party A) and the defendant Zuo Mouhui (Party B) made up the "Store Hust Contract", which stipulated that Party B authorized all its shops within a certain period of time to authorize A. It is operated by the side, which is used in the name of Party A to attract foreign investment, conclude rental contracts to collect rent, or other ways to use the custody shops in other ways, and agreed that the distribution method of shop income involving shops involved in the custody period is agreed. On January 13, 2021, the third person Lu Moukui applied to the plaintiff to reduce the rent of 3 months during the 2020 New Crown epidemic period of 6,600 yuan. In April 2021, the plaintiff reduced Lu Moukui's 2 -month rent of 4,400 yuan, of which the exemption amount of the two stores in Zuo Hui's name was 2018.24 yuan.

Before accepting this case, the operating management party of a auto trade city in Fengjie County and a commercial city shops, in accordance with the policy and laws, the lessee of the shops who caused the affected situation and caused a comprehensive suspension of production and production. The shop owner, including the defendant Zuo Mouhui, issued a rental requirement for two months. Due to whether the rents have caused major interests in interests, many shop owners and shop lesters of the two major commercial cities have repeatedly visited many people and store lesters, which seriously affects the normal operation of the two major commercial cities and forms major group contradictions and disputes.

Referee result

According to the trial of the People's Court of Fengjie County, Chongqing City, the plaintiff, as a managed manager of the shop, operated in order to support the shop lessee that was affected by the epidemic, and reduced part of the rent of the third person Lu Moukui, which led to a reduction in its own income because the epidemic situation was due to the epidemic situation. As a result, shops cannot operate normally. According to relevant laws and regulations, the actual situation of the prevention and control of the epidemic supports the lawsuit requested by the plaintiff's two -month rents proposed in accordance with the law, but the amount of the claim that the amount of reduction cannot exceed the expected income when the epidemic is not occurred. A total of 2018.24 yuan for the plaintiff Chongqing Enterprise Management Co., Ltd. to reduce its stores in 2020. After this case and other similar cases of 4 cases, the court took the initiative to jointly jointly jointly discuss discussions in accordance with the work ideas of "referee demonstration, pre -litigation guidance, classification, and reconciliation". Actively conduct a variety of methods such as visits and other methods to actively carry out pre -voicing mediation work, and ultimately promotes the owners, lesseans and shop management of more than 4,000 shops in the automobile trade city of Fengjie and a certain commercial city. In actual performance, a total of nearly 40 million yuan was reduced. As of November 2021, except for the five cases accepted by the court, the remaining disputes were properly resolved before the lawsuit, and no lawsuit and a petition caused a petition again. At present, the shops in the two major commercial cities are operating normally and operating well.

Typical significance This case is a typical case of the court's use of a diversified dispute resolution mechanism to support small, medium and micro enterprises, individual industrial and commercial households to relieve the rescue, promote resumption of labor and production, and maintain the stability of economic and social stability. In this case, the court adheres to the non -litigation dispute resolution mechanism in the front, and uses the mechanisms such as demonstration and guidance, coordination and disposal of disputes, coordinated disposal, etc., to give full play to the role of guidelines of judicial referees, and jointly solve the social diversified resolution of the society to solve the private economic group. Contradictions and disputes have contributed to the parties to achieve contradictions and disputes through negotiation, mediation and other methods to be substantially resolved before the complaint, and maximize the help of small and medium -sized enterprises, individual industrial and commercial households to reduce the loss caused by the full suspension of production and suspension of the outbreak. Resumption of normal operations fully reflects the initiative and mission of the people's court service to ensure the development of the private economy.

04

Li Moumou, Zhang, etc. and Chongqing real estate development Co., Ltd. House sales contract dispute case

(2021) Yu 0231 No. 250 of the Republic of China, Pongjiang County People's Court in Chongqing

Basic case

A real estate development Co., Ltd. (hereinafter referred to as "real estate company") is a developer in a community in a community in the premises. Some owners of the community have established the "Chongqing Commercial Housing Sales Contract" with developers from 2018 to 2019. The contract stipulates: Before the delivery time is before July 30, 2020, if the encounter is force majeure, the developer shall notify the owner in writing within 30 days from the date of the force majeure that the developer may delay the delivery; Within (including), from the second day of the final delivery period agreed in the contract to the date of the actual delivery, the developer paid the owner of the owner of 5 thousandth of the liquidated damages to the owner and delivered it in the actual delivery of the commercial house. Pay a liquidated damage to the owner within 30 days from the day, and the contract will continue to be fulfilled. Later, because the real estate company did not deliver the house on schedule, the owner of the community said to the Putaijiang County People's Court of Chongqing City on the grounds that the real estate company was overdue and requested that the real estate company paid a liquidated damage to the overdue house in accordance with the contract. Since 2021, a total of 1,423 residential owners have similar disputes with the real estate company, forming 1323 cases to enter the Arijiang Court, of which 189 are entered in the first instance, and the remaining 1,134 cases have entered the pre -compliment mediation procedure and all reached out -of -hospital reconciliation.

Referee result

The Chongqing Municipal People's Court of Chongqing City has been reviewed that the group of disputes in the group has the characteristics of many parties, involving a wide range of people, and strong sensitivity, and involves the impact of the new crown epidemic, which is related to the stability of social livelihood. Relying on the "Demonstration Litigation+Commissioning Mediation" as the support, 9 cases were selected for demonstration trial to form a demonstration mechanism of the court's diversified resolution after forming a demonstration referee. The department coordinate and resolve disputes, determine the work ideas of "relying on demonstration lawsuits, strengthening multi -party linkage, innovation demonstration mediation, and promoting substantial resolution". On the basis of accurate grasp of the focus of disputes, learn from the mediation concept of the "old horse work method", summarize and refine the refinement The "Five Hearts and Three Factors Mediation Method", through "clarify the owner's base, accurately grasp the focus of contradictions", "innovative solution mode, 'demonstration lawsuits' guidance", "strengthen multi -party linkage, start a multi -solution mechanism", "innovation innovation" Demonstration and mediation, refine the mediation agreement "," judicial confirmation of solidification results, and achieve the formation of the case "five steps, eventually prompting the 1423 owners of the community to reach a settlement agreement with the real estate company, and the dispute was resolved as a whole.

Typical meaning

This case is a typical case of using "demonstration lawsuits" to properly resolve group disputes, maintain the stability of the real estate market, and protect the development of the private economy. On the basis of fully considering the objective influence of the epidemic on the progress of the project, the people's court has adopted the work ideas of "relying on demonstration lawsuits, strengthening multi -party linkage, innovation demonstration mediation, and promoting substantial resolution". The efficient resolution of the case, providing high -quality and efficient solution services for private enterprises, minimizing the adverse effects of disputes on the production and operation of enterprises, ensuring the normal production and operation activities of private enterprises, and the overall resolution of housing sales contract disputes and other groups Sexual disputes provide reference experience.

05

A dispute over a restaurant in Chongqing and an insurance company property and insurance contract

(2020) Yu 0116 People's Court No. 13392, Chongqing Jiangjin District People's Court

Basic case

A restaurant in Chongqing registered as an individual industrial and commercial households in April 2020. The registered address is No. 117, No. 61 Binjiang Road, Chongqing, but its stores are divided into two floors on the top and bottom, including No. 117, No. 118, No. 117 and 118, 61 Binjiang Road, Chongqing, Its basement has an area of ​​about 180 square meters, and the entire business ground is located in the appearance. In July 2020, a restaurant in Chongqing insured the store property insurance in an insurance company. The insurance policy stated that the address of the insured was No. 117, Building 61, Binjiang Road, Chongqing. In August 2020, the local flood peak passed, and some facilities and equipment caused by floods into the store were damaged. A catering shop in Chongqing claimed claims to an insurance company, and the two parties controversial the coverage of the insured. A catering shop in Chongqing to the people's court to insure insurance for the entire store when it was insured, and informed the business area of ​​the insurance salesperson about 180 square meters, and the insurance salesperson conducted on -site investigations. The actual area of ​​the store is paid. A insurance company argued that during the insurance, a restaurant in Chongqing only provided a business license and did not submit a real estate certificate. The address stated by the policy was No. 117, No. 61, Binjiang Road, Chongqing, so the insurance company only went to "Chongqing, a Binjiang Road, Chongqing The number "corresponding to the area of ​​the real estate certificate area of ​​30.57㎡ is liable for compensation. During the trial, the insurance salesperson stated that it went to the scene when the plaintiff was insured. The operating venue included the facade and the basement, and the plaintiff introduced it to the operating area of ​​180 square meters.

Referee result

The Jiangjin District People's Court of Chongqing City held a hearing that although a restaurant in Chongqing consists of three parts of houses, it has become integrated after renovation. It should be regarded as a single place address. It has not changed its operating venues so far. In the core link of the asset -responsible insurance, the underwriting insurance company identifies and evaluates the risk of the insurance target, the insurance company should know the actual operating place of the restaurant when underwriting. Therefore, although the registered address and policy registration address of a restaurant in Chongqing is No. 117, Building 61, Binjiang Road, Chongqing, it cannot be determined that the operating area of ​​a restaurant in Chongqing is only the real estate area corresponding to the house number. The contract is insured to the entire business place in a restaurant in Chongqing. The court then judged that an insurance company paid the insurance compensation of a restaurant in Chongqing 180㎡. The verdict has come into effect, and an insurance company has been fulfilled automatically.

Typical meaning

This case is a typical case of the people's court adhered to the insurance rights and interests of individual industrial and commercial households in accordance with the law, and advocating the honest performance of enterprises. Individual operators, small and micro enterprises, etc. have weak anti -risk capabilities. In order to enhance their ability to resist risks, they often transfer some risks by purchasing insurance. Insurance is a financial product that provides risk protection. If the insurance accident occurs, the insured cannot obtain claims in accordance with reasonable expectations, which will increase the operating risk of the insured and contrary to the purpose of the insurance system. In this case, the people's courts corrected the dishonesty behavior of insurance companies in accordance with the law, protected the insurance rights and interests of individual industrial and commercial households, and also provided judicial guidance for the healthy development of the insurance industry and the optimization of the business environment. This case was reported by Chongqing TV's "The Speaking of the Case", which plays a positive and positive role in the publicity of the rule of law, and has achieved the organic unity of legal effect and social effect.

06

A dispute between a kindergarten and Zhu Mou decoration contract in Chongqing and Chongqing Kaizhou District, Chongqing City

(2021) Yu 0154 Minchu No. 2626, Chongqing Kaizhou District People's Court

Basic case

On November 20, 2018, a decoration engineering Co., Ltd. in Chongqing signed a "public installation construction contract" with a kindergarten in Kaizhou District, Chongqing, and stipulated that a kindergarten in Kaizhou District, Chongqing to subcontracts the kindergarten decoration project to a certain decoration engineering in Chongqing. company. A decoration engineering Co., Ltd. in Chongqing has since entered the construction, and a kindergarten in Kaizhou District, Chongqing also paid a 2022,000 yuan project. Later, the two parties controversial the project funds and engineering quality. A decorative engineering Co., Ltd. of Chongqing submitted a lawsuit to apply for an engineering cost appraisal, and asked for a kindergarten in Kaizhou District, Chongqing to pay 38,8800 yuan in the project. It also mentioned counterclaims, applied for project quality and repairs cost appraisal, and requested that a decorative engineering Co., Ltd. of Chongqing to compensate for the loss of 20,000 yuan in various kinds of kindergartens in Kaizhou District, Chongqing (the amount determined by the appraisal opinion).

Referee result

After hearing, the Chongqing Kaizhou District People's Court found that there were many identifications such as engineering costs, engineering quality, and repairs costs at the same time. A decoration engineering Co., Ltd. in Chongqing claims that the salary of workers and starting new engineering projects in urgent need of engineering funds. A kindergarten in Kaizhou District, Chongqing also claimed that some ceilings had fallen off due to quality problems, which had threatened the personal safety of teachers and students. The aforementioned identification is expected to be completed in 2 years. In view of the above situation, the people's court communicated with the parties many times and proposed targeted solutions, which eventually promoted the voluntary withdrawal of the appraisal application for both parties, and voluntarily reached the following mediation agreement: 1. A kindergarten in Kaizhou District, Chongqing paid A decoration project of a decoration engineering Co., Ltd. in Chongqing is 1,90,000 yuan; 2. A kindergarten in Kaizhou District, Chongqing to repair and rectify the case involved in the case, and bear the corresponding expenses by itself; Each of the people bear each other;

After the two parties signed a mediation agreement, a kindergarten in Kaizhou District, Chongqing cherished 190,000 yuan of decoration projects in court. During the handling of the case, the two parties agreed to repair and rectify the project by a kindergarten in Kaizhou District, Chongqing, prompting kindergartens to demolish and reinforce the pending ceiling as soon as possible, and comprehensively investigated and eliminated the possible safety hazards. Kindergarten enhance safety awareness, establish and improve safety management systems, and implement the responsibility for safety construction of safety.

After returning from the case, a kindergarten in Kaizhou District, Chongqing has completed the investigation of hidden safety hazards, established a safety management account, and the falling ceiling was effectively disposed of. Other maintenance and rectification were carried out in an orderly manner.

Typical meaning

This case is a typical case of two private enterprises in the people's courts, mutual understanding, and independent arrangements, and independent arrangements to achieve win -win. In this case, the two parties voluntarily withdrew the appraisal application and reached a mediation agreement to save a total of 90,000 yuan in appraisal expenses for the two parties, effectively reducing the time and economic costs of the parties' litigation, and to the greatest extent. Yanhe, the case was ended. The two parties agreed to achieve the decoration project funds in court, which is conducive to a decorative engineering Co., Ltd. in Chongqing to return the company to operate funds in a timely manner, alleviating the difficulty and pressure of funds such as workers' wages and starting new engineering projects under the company's epidemic.

07

Wu Moumou, Wang Moumou, and Cheng Mou's duties of invading crimes

(2021) No. 44 of Chongqing Council 0118, the People's Court of Yongchuan District, Chongqing City

Basic case

Wu Moumou was a financial manager of a car sales company under a company in Chongqing. Wang Moumou was originally the company's financial settlement. From October 2015 to June 2020, the three defendants used their duties to conveniently transfer the company's public account to the private account of Wu Moumou and his friend Tu Moumou, the company's check cash withdrawal, and collected the customer to buy a car to buy a car. Cash cash invaded the company's funds without accounting and other methods, and evaded the company's review of fake accounts, and accumulated a total of 24071616.72 yuan. On July 10, 2020, the defendants Wu Moumou, Wang Moumou, and Cheng Mou took the initiative to go to the public security organs to invest in the case, and truthfully confessed the above facts.

Referee result

According to the trial of the People's Court of Yongchuan District of Chongqing City, the defendant Wu Moumou, as the company's financial manager, and the defendant Wang Moumou and Cheng Mou used the convenience of their positions to illegally occupy the company's property as their own, the amount was huge, and the amount was huge. The actions of the three have constituted the crime of occupation and should be liable for criminal responsibility. The court sentenced the defendant Wu Mou to 13 years in prison, and confiscated 500,000 yuan in personal property, and the victim unit was 24071616.72 yuan. Yuan, who assumed the liability for co -compensation within the scope of 14030019.34 yuan, was sentenced to five years in prison and a fine of 100,000 yuan. He assumed the liability for co -compensation within the scope of 8077257.06 yuan that was commonly embezzled. After the verdict, the three defendants did not appeal, the public prosecution agency did not protest, and the verdict had come into effect.

Typical meaning

This case is a typical case for the people's court to protect the property rights of private enterprises in accordance with the law, and to escort large and medium -sized private enterprises with high -quality development. Fund is the blood of the enterprise, the foundation of the survival and development of the enterprise, and the illegal criminal acts such as the employee occupation of the enterprise to infringe the legal property rights of the enterprise and the damage to the development of the enterprise, and it also seriously affects the market operating environment. In this case, the people's court punished the criminal behavior of infringing the property rights of private enterprises in accordance with the law, ensured the normal business activities of the enterprise in accordance with the law, maintained the security of private enterprises, and guided private enterprises to raise awareness of risk. The high -quality development of private enterprises provides strong judicial guarantees.

Source: Municipal High Court Research Office

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