The target is more than 48 million yuan!Successful mediation

Recently, a dispute over the sales contract of more than 4,800 million yuan in the target was successfully promoted by the unremitting efforts of the judge of the Henan Free Trade Zone Court.

Retrospective

According to the case of Tong Yongkui, a judge in the case, on June 16, 2020, an import and export company signed a trading contract with One Trading Co., Ltd. stipulated that the import and export company would supply the goods to the trading company and was responsible for transportation issues by the trading company branch. After the contract was signed, the import and export company fulfilled the goods delivery obligations in accordance with the contract and actively fulfilled the accounting and settlement obligations, but the trading company did not pay the payment on schedule. As of the complaint, the trading company still arrears more than 4,800 million yuan and corresponding freight in the contribution of import and export companies. The import and export company believes that the behavior of the other company's behavior has constituted a serious breach of contract and caused major economic losses to themselves. District courts.

After the judge Tong Yongkui got the dossier material, he sorted out the context of the case as soon as possible. At the same time, he actively communicated with the defendant and learned that the original defendant had no objection to the facts of the creditor's right, but the dispute over the related freight and liquidated damages caused the defendant to fail to pay on time on time. payment. Although Judge Tong Yongkui considers that the case was large, the dispute between the two defendants was not large, so he tried to resolve the dispute by mediation. Subsequently, the two parties faced the face mediation. Although the two parties failed to reach an agreement on the spot, they both stated that they went back to study and consider the mediation plan. During this period, Judge Tong Yongkui took the hot iron, repeatedly communicated with the two parties, and other parties through telephone, WeChat, etc., resolved the focus of the dispute between the two parties through interpretation, and proposed a practical payment plan in accordance with the attitude of the two parties. Under the premise of respecting the wishes of both parties, the plaintiff made a certain concession in the payment method and time, giving the defendant's longer repayment period to relieve the pressure on funds, and ultimately contributed to the two parties to reach a mediation agreement.

Mediation is an important way to promote the parties' case. By promoting the mediation of the parties, it can better promote the parties to consciously fulfill the legal obligations and truly achieve the case. When the Court of Free Trade Zone tried various types of contract disputes in enterprise -related contracts, considering the perspective of sustainable operation of the enterprise, from the perspective of reducing the impact on the enterprise, it always made a combination of judgment. ; Not only have serious trials, but also a harmonious communication, resolving a large number of disputes, and based on the trial function, it provides a strong judicial guarantee for further optimizing the business environment of the rule of law. (Henan Legal Daily reporter Wang Xiaolei correspondent Dong Pengliang Gao Yunpeng) ⑦

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