Civil appeal 1
Appellant (Plaintiff in the original trial): Business Department of Municipal Seed Company.
Address:? Wuyi Road downtown? Number.
Legal Representative: Luo? Male, 52 years old, sales manager of municipal seed company.
Agent ad litem: Wang? , female, lawyer of Shizhong District Legal Advisory Office.
Appellee (defendant of first instance): County seed company.
The appellant refused to accept it? County People's Court 19? On February 24th, 65438+2008 (early), judgment No.6 was passed according to law, and now an appeal is filed according to law.
Litigation request:
1.？ County Seed Company immediately paid us the payment, packaging and transportation fee *** 13358.08 yuan.
2.？ County Seed Company shall pay the compensation for deferred payment at the rate of 3% per day (from1August 20, 997 to the payment date).
3.？ How much is the fine at the station? County seed company undertakes.
4. What are the litigation costs of the first and second trials and our expenses arising from the litigation? County seed company undertakes.
Facts and reasons:
First, the original judgment found that the facts were partially inaccurate.
The judgment of the original trial stated: On September 10, 2008, the defendant received? Send Yang to the railway station as soon as you send the notice? Arrive? The station took delivery of the goods, but because the goods did not have plant quarantine certificate and seed certificate, they did not take delivery and telegraphed the plaintiff. ? This passage confirms two facts: first, the defendant did not take delivery of the goods because the plaintiff did not provide the plant quarantine certificate and seed certificate; 2. The defendant informed the plaintiff of the above reasons for not taking delivery at that time.
However, this is not the case. In order to clarify the facts, we have to repeat the controversial process.
? County Seed Company (the defendant in the original trial) invited us to sign a contract for the purchase and sale of 5,000 Jin of scallion seeds by telegram on July 7, 1997, and the defendant sent Yang on August, 1997. Come and formally sign a contract with us for the purchase and sale of 1000 kg of green onion seeds.
Please refer to the annex for the specific terms of the contract.
1August, 997 15 We delivered 4055kg of Chinese onion seeds as promised and arrived on September 5th? The station, the next day the station sent a notice of delivery to the defendant.
On September 6, 2006, we charged the defendant the loan and packing and transportation fee 13258.98 yuan through the bank.
How about half a month? County Agricultural Bank to the defendant? Ask for a return, and hope that both parties can solve it through consultation? Reason, refused to collect, and return the receipt.
September 17, we ask again? Agricultural Bank of China (ABC) still refused to pay the collection payment, and ABC returned the collection receipt.
Meanwhile, Yang? On September 3rd and 8th, and 10, he called and wrote three times, respectively, requesting to cancel the contract and return the goods.
Yang said? Due to the heavy contracting tasks booked this year, I bought too many goods. The leader asked me to stop executing the contract and stop purchasing goods. Will you please forgive me? .
Yang never mentioned quarantine and seed certificate in all his letters at that time.
As the goods have been sent out, we don't agree to return them and ask to continue to perform the contract.
In this case, September 25th, that is, the 39th day after we issue the receipt certificate? The Agricultural Bank of County has just issued a notice telling us that the defendant refused to pay because the quarantine certificate and seed certificate were not available. ? However, it is puzzling that the defendant did not apply for refusal until the day after the Agricultural Bank of China issued the notice of reasons for refusal. The receipt issued by ABC can prove it).
It can be seen that the first fact identified in the original judgment is wrong.
The defendant is not because? No plant quarantine certificate and seed certificate? Instead of picking up the goods, it is because the defendant's agent Yang? Blind signing, overbought, had to cancel the contract and return the order.
Without accepting his unreasonable demands, Yang spent 39 days to find such a way to evade the law, shirk responsibility and pass on economic losses.
The second point identified in the original judgment is also untrue.
September 10 Yang? Didn't put it? No quarantine certificate and seed certificate? Telegram us, but call to terminate the contract, ask us? Understand? His fault.
2. The contract signed by both parties for ordering scallion seeds is legal and valid.
The original judgment held that the purchase and sale contract concluded between the plaintiff and the defendant was invalid according to Article 7 of the Economic Contract Law.
In contrast to Article 7 of the Economic Contract Law, we believe that we have not violated any of these four provisions.
The only thing that may be suspected is about? Infringe on national interests and social public interests? A project.
Because the green onion seeds we provided have not been quarantined.
But we visited the seed quarantine department and consulted the relevant documents for nine days.
According to the National Catalogue of Agricultural Plant Quarantine Objects formulated by the Ministry of Agriculture, Animal Husbandry and Fisheries of China, scallion seeds are not necessary quarantine objects, but they can be exempted from inspection.
Therefore, it is not appropriate to deny the original contract on the grounds that the seeds we provided have not been quarantined.
The original contract is valid and legally binding on both parties.
It is precisely because scallion seeds can be exempted from inspection that the railway has carried these seeds.
For detailed information about this issue, please refer to the attachment and the proxy words we provided in the original trial.
Third, the original judgment is unfair to both parties.
Onion seeds still there? It has been stored in the station warehouse for more than three months, which leads to the deterioration of onion seeds.
Because the appellee did not pick up the goods for a long time, according to the relevant regulations, the station warehouse will be severely punished by three times the normal fine.
It goes without saying that these two economic losses were caused by the appellee's breach of contract.
However, the original judgment said? The plaintiff has delivered it? 4050 kilograms of scallion seeds were handled by the plaintiff.
And bear it? 50% of the total fine for the station warehouse? ,? Other losses shall be borne separately? .
The appellant thinks that such a judgment is extremely unfair.
The original judgment failed to clarify the truth, to distinguish right from wrong and the responsibilities of both parties, and the wrong application of the law made a legal and effective contract invalid, so that the defendant's illegal behavior could not be punished and our legitimate interests could not be protected. Instead, we are required to bear the economic losses caused by the defendant's illegal behavior.
We can't accept such an unfair judgment.
Sum it up, will you? According to Article 6, Article 32, Article 35, Paragraph 2, Item 2 of the Economic Contract Law of the People's Republic of China, Articles 4, 9 and 10 of the Regulations on Plant Quarantine, Distribution Table of National Agricultural Plant Quarantine Objects formulated by the Ministry of Agriculture, Animal Husbandry and Fisheries and Paragraph 2 of Article 6 of the Settlement Measures of the People's Bank of China,
I am here to convey
? Regional intermediate people's court
Appellant:? Shi seed company sales department
Year? Month? sun
Attached:
One or two copies of this certificate;
Two copies of power of attorney (printed copies).
Note: Appeals against judgment
1. Determination of appellant and appellee.
(1) Simple one-on-one civil case: the appellant is the person who filed the appeal, and the appellee is the person who did not file the appeal.
(2) Both appealed: both were appellants.
(3) The appellant and the appellee need to be clearly defined in the proceedings.
(1) Appeal is to share the rights and obligations with the other party, and it does not involve the interests of other litigants. The other party is the appellee, and the co-defendants who have not appealed are listed according to the litigation status of the original trial.
(2) The appeal only has opinions on the distribution of rights and obligations between * * * and litigants, and does not involve the interests of the other party. The same party who did not appeal is the appellee, and the other party is listed according to the status of the original lawsuit.
(3) There are opinions on rights and obligations between the parties to the appeal and between * * * and the litigants, and other parties who have not appealed are appellees.
2, write the reasons for appeal, should be on the main errors of the original judgment and? The cause of the mistake? Conduct analysis and demonstration.
The general way of writing is to summarize the mistakes in the original judgment and then refute them.
If there are more than two mistakes in the original judgment, they can be adopted separately? Summarize first and then refute? Or? Split first and then summarize? Two methods.
The reasons for the appeal should be clear and accurate.
The specific reasons vary from case to case, but generally nothing more than four situations:
(1) thinks that the facts identified by the trial judge are unclear (including inconsistent with the actual case, false or insufficient evidence); ?
(2) think that the application of the law in the original trial is improper (including misunderstanding or misinterpretation of the law); ?
(3) It is considered that the judgment of the original trial violates legal proceedings (including failing to hand over the copy of the complaint to the appellant, failing to mediate or failing to conduct court debate and cross-examination, etc.). ); ?
(4) think that the judgment of the court of first instance is unfair (this is the fundamental reason for the appeal).
3. Pay the case acceptance fee according to the unsatisfied amount.
4. Within 15 days from the date of service of the first-instance judgment and 10 days from the date of service of the first-instance ruling.
5. Appeal to the court of first instance or the court of second instance.
In fact, an appeal is filed with the court of first instance and then handed over to the judge.
Civil appeal ii
Appellant (defendant in the original trial): Wuhan Kanglier Biotechnology Development Co., Ltd., whose domicile is No.229-1,North Second Village, Changqing 1st Road Station, Jianghan District, Wuhan City, Hubei Province, and its legal representative is Chairman Li Fengqing.
Appellee (plaintiff in the original trial): Jiangxi Kangmei Medicine and Health Products Co., Ltd., whose domicile is Kangmei Building, Duyao Road, Zhangshu City, Jiangxi Province, and its legal representative is Li Daming, the chairman of the board.
Defendant of the original trial, Zhou Minghua, male, 19? Year? Month? Born in, Han nationality, Xiaogan, the owner of Mei Cheng Health Products Firm in Qiaokou District, Wuhan, now lives atNo. 15 Gutiansi Road, Qiaokou District, Wuhan, Hubei Province.
The defendant in the original trial, Ji 'an Baixing Pharmacy, is located at No.0/49 Shaoshan West Road, Jizhou District, Ji 'an City, Jiangxi Province, and its manager is Zhou Nanjiang.
The appellant refused to accept the civil ruling of (xxxx) Ji ZiNo. 10 for the dispute over counterfeiting the unique names of well-known commodities, and appealed.
Appeal request:
I ruling that the court of first instance has no jurisdiction over this case;
Second, cancel the original ruling;
Three, ordered the court to transfer the case to the Wuhan Intermediate People's Court.
Reasons for appeal:
A, because in theory, Ji' an city can't be the infringement place of this case, then what is the behavior of Ji' an Intermediate People's Court supporting malicious litigation? Malicious jurisdiction?
(a) produced by the appellant? Conrad? Brand herbal lotion didn't enter the Jiangxi market at all. Ji 'an People's Pharmacy was the defendant of the appellee's malicious collusion. It didn't have any legal bills to prove its legal purchase channel, and it was impossible to form necessary litigation with the appellant and the general distributor against the appellee.
(2) Assuming that the purchase channel of Ji 'an People's Pharmacy is normal, because Ji 'an People's Pharmacy has no infringement fault, it can't constitute infringement on the appellee, so it's like? Foxconn? It is a joke in the legal field to list the reporter of China Business News as the defendant.
Here, regardless of the fact that Linli County Industrial and Commercial Bureau made a "decision to withdraw the lawsuit" against the appellant for the same reason, the appellant thinks: Because Ji 'an city can't be the infringement place of this case in theory, what is the behavior of Ji 'an Intermediate People's Court in supporting malicious litigation? Malicious jurisdiction? .
Second, the court of first instance is eager to engage in local protectionism, and mistakes are inevitable.
(1) The court of first instance was quickly outnumbered (on June 2 1, the appellant sent a registered letter from Wuhan, and June 23 and 24 were weekends. After nine days of examination, the court of first instance made a ruling on June 25): The ruling of first instance forgot to indicate the address of the parties, which is another joke in the judicial history of our country.
(2) According to the latest Measures for Payment of Litigation Fees, there is no need to pay litigation fees for cases that appeal against jurisdictional objections. Therefore, it is also wrong for the court of first instance to require the appellant to pay the acceptance fee of the appeal case in advance to the Jiangxi Higher People's Court within seven days from the date of submitting the appeal.
The appellant thinks that it is understandable for enterprises to defend their rights, but collusion between government and business is really despicable. Please ask matter of justice to correct the mistakes of the court of first instance and not become the target of public criticism? Criticism? Tell me! If your hospital also insists on justifying a fault, the appellant will apply to the Supreme People's Court for retrial.
The appellant? Afraid? Bring a lawsuit against the appellee in any court outside Jiangxi! !
To sum up, the appellant requested as above.
I am here to convey
Jiangxi Higher People's Court
Appellant:
xxxx.07.06
Note: Appeals against decisions