1, Jilin tall courtyard " Shandong morning cries Inc. of paper trade group and Shandong consider project of source water industry dispute of contract of construction of project of construction of limited company of chemical fibber of the limited company, Shuang Lu that extend a limit 2 careful are civil judgment " , record date (2014) Ji Min one eventually word the 174th, presiding judge Jiang Tao, juridical date two years on November 21.
2, highest courtyard " Shandong thinks of limited company of engineering of source water industry and Shandong morning to cry rehear of application of dispute of contract of construction of project of construction of limited company of chemical fibber of the Inc. of paper trade group, Shuang Lu that extend a limit is civil ruling book " , record date (2015) civilian explain word the 911st, presiding judge Yu Zhengping, juridical date two years on May 13.
2, brief introduction of details of a case
Case experience project sends the morning side Bao Fangyan to cry, construction just is industry of the water that consider a source. Morning transfers debt to cry after Yan Bianchen cries paper industry, construction just thinks of first instance of source water industry to approbate debt to make over behavior. Yan Bianchen cries after more the name is Shuang Lu chemical fibber.
Morning of appeal of industry of the water that consider a source cries paper industry and double deer chemical fibber pay a project the money 4892504.3 yuan reach accrual.
First instance is found out, on May 21, 2012, xiang Yan Bian Chenming gives out industry of the water that consider a source " the processing opinion that about crying to Yan Bianchen sewage deepness handles existence issue " , agree to deduct 300 thousand yuan from inside project money directly, support a fund with content 700 thousand yuan (motor vehicle and goods and materials of stock keep long in stock) , as to going up of the problem rectify and reform compensation, but 2 careful include first instance rehear all was not deducted. Additional, industry of the water that consider a source expresses clearly to agree to will open balance of average bill tax payment 515492.31 yuan are deducted from inside money of experience proposal project.
3, juridical summary
(one) Jilin tall courtyard
Although both sides is in the ask card case January 11, 2012,amount of specific project money is 4892504.3 yuan, but cannot with this simple cognizance thought of source water industry to recall the acceptance that agrees to deduct 515492.31 yuan of tax payment before this. Delay Bian Chenming and morning to cry paper industry place signs " debt makes over an agreement " in certain liability amount 4377011.99 yuan, also be to deduct this imposition balance 515492.31 yuan hind be formed, since industry of the water that consider a source approbates this in careful of first instance front courtyard " debt makes over an agreement " effectiveness, ought to approbate this likewise " debt makes over an agreement " in certain liability amount. Accordingly, morning cries paper industry ought to pay the amount that defaults project money to be 4377011.99 yuan to industry of the water that consider a source.
(2) highest courtyard
What owing amount of project beyond money namely about experience case debt is the problem of how many. Industry of the water that consider a source delays Bian Chenming to be in together checked in ask card case on January 11, 2012 affirmed place owes project money to be 4892504.3 yuan. On August 15, 2011 industry of the water that consider a source expresses to Yan Bianchen issue " proof " in express clearly to agree to because open balance of average bill tax payment,deduct 515492.31 yuan deduct from inside project money. On April 30, 2013, morning cries paper industry and delay Bian Chenming to sign " debt makes over an agreement " , this agreement is in what get creditor considers source water employment in front courtyard careful to approbate, the cession that agrees in the agreement money of experience case debt is 4377011.99 yuan, this amount and money of project of remnant of the place after thinking of source water industry to agree to deduct balance of bill tax payment owe conform to, industry of the water that consider a source also approves this agreement, reason place owes project money remaining sum 4377011.99 yuan can affirm. 2 careful court is maintained this also do not have undeserved.
4, enlightenment and summary
Because acceptance of construction of project quality problem compensates owner 1 million (300 thousand + 700 thousand goods and materials) , when why adjudicating to when why adjudicating, buckle below? This is my doubt to this case. Through be opposite 2 careful adjudicate with rehear the ruling discovers, it is counterplea thinks of source water industry to should not assume project money to give Fu Yi Wu only during first instance, 2 careful, 2 careful all did not hold first instance of industry of the water that consider a source this charge can be touched deduct project money, till rehear ability view is touched buckle, reason this, the court did not make processing general afore-mentioned 1 million yuan are buckled below.
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