To behavior of oneself break a contact is concealed in case of business contract dispute together, escape repay the responsibility that high specified number buys vehicle fund, one trading company nots hesitate risk danger in desperation, refer pass a test of deceive of purpose of false customs declaration to the court. A few days ago, forensic open a court session leaves to announce to decide to fine 300 thousand yuan to this trading company south Tianjin, this is south since opening forensic to this day, what go out to forging evidential party to leave is highest " punish sheet " , strong awe and hit not action of sincere letter suit, upheld judicatory authority effectively, revealed legal honor.
Basic details of a case
In April 2014, some assures the company entrusts this trading company to buy entrance car one-time pay the money that buy a car 1120000 yuan, car was not bought because of the trading company after and reject to return the money that return a vehicle, assure company 2018 Xiang Na opens forensic to lodge a complaint.
During front courtyard careful, defendant trading company referred custom of People's Republic of China to import goods customs declaration, its already were counterplea of in order to as agreed upon accuser assures the company bought A8 of entrance Ao Di car, dealt with declare dutiable goods, Qing Dynasty closes wait for formalities, already fulfilled bilateral agreement, behavior of nonexistent break a contact, and argue says car is in Tianjin with respect to park now east border from trade division inside, because,be accuser oneself reason, did not deal with the formalities that shift a car from beginning to end, at the same time trading company one party is on front courtyard the certain of character " the receipt is the original that takes from custom attune " , and accuser does not grant to approbate from beginning to end to the authenticity of this customs declaration.
To find out case fact, undertake judge Zhang Ming and Nan of clerk Xu emperor head for Tianjin custom, the true bogus of the customs declaration of goods of sea coop mouth that offers with respect to the accused undertakes investigating checking to the staff member, custom respect gave out very quickly to reply, affirm " trade name is called ' sedan of Ao Di 2995CC ' the information in customs declaration photocopy and I close electronic data to not agree with " . Accordingly the court maintains the customs declaration that defendant trading company refers to fasten bogus evidence, indemonstrable its assure for accuser the car that the company buys obtained relevant and legal procedures to be able to deal with change the name of owner in a register normally.
Then...
The court leaves to make civil court decision to should having a case south, supported accuser to ask the accused repays lawfully buy vehicle fund entirely 1120000 yuan request item, forge significant evidence to the accused at the same time, the behavior that hampers people court hears a case leaves give 300000 yuan of high specified numbers " punish sheet " .
The judge reminds
In civil proceeding, party submits the evidence that is helpful for oneself to the court, this give no cause for more criticism, but to win lawsuit, forge significant evidence, violate honest credence principle badly, waste judicatory resource, the on the rails of obstructive and civil proceeding, basis " code of civil law of People's Republic of China " the 111st, the 115th, the 116th regulation, people court can is opposite according to clue weight this behavior gives amerce, detain, make crime, investigate criminal duty lawfully. Party is in safeguard him rights and interests while, must abide by law, honest be as good as one's word, must not try to save a little but lose a lot, move a stone to break his leg.
