(one) basic details of a case
Feburary 2013 portion, flower of accuser Home Liu and objective of the accused profit fill source company to sign the flesh duck breed aquatics reclaims contract, carry on the contract bright settle accounts means is " after workshop butcher ends, party B by this person Id photocopy, should approve a contract this, raise receipt of log, feed, quarantine sheet of weigh of body of proof, workshop goes to a company raw material ministry presses body to go out to be led push gross weight close an account, without special account the amount that hand in duck is not worth of 98% , the company will deduct Party B earnest money in proportion and find out its responsibility of breach of contract. " after the contract is signed, profit objective fills source company to make an appointment with directional Liu Jiahua to supply young plant of fleshy duck duck according to the contract, reclaimed on March 9, 2013 the fleshy duck that Liu Jiahua raises. When Liu Jiahua fills source company to sell fleshy duck to profit objective, hold should approve a contract this, raise receipt of log, feed, quarantine company of sheet of weigh of body of proof, workshop and profit objective Cheng Yuan has close an account, after profit objective fills source company to spend Home Liu afore-mentioned book card of hold to call in, issue to Liu Jiahua buy settle accounts odd triplet, carry on settle accounts sheet bright contract unit price all is 7.508.
Flower of home showing Liu thinks fleshy duck reclaims the price is the fleshy duck that sets according to the contract the watch on price =[reclaims to agree when settle accounts] reclaim the foundation is monovalent yuan / jin - (4 yuan / - sign duck seedling price [on the watch agrees] ) ÷ the computation of 6.2 is formulary, profit objective fills source company to be issued to Liu Jiahua reclaim carry on settle accounts sheet bright the fleshy duck settle accounts that duck price compares the flesh to set according to the contract reclaims the value became little 0.3 yuan / jin. Accuser is sued to court of people of Linyi city Lan Shan district, view the accused ought to continue to pay reclaiming the place when fleshy duck buys duck of Liu Jiahua flesh to add up to little paying payment for goods 12846 yuan. Profit objective fills source company to do not have contract original with Liu Jiahua, bilateral have not has signed a contract for contradictory.
(2) juridical result
Court of Linyi city intermediate people 2 careful think, in this case, although Home Liu is spent not the original of hold contract, but on one hand, the attestation of witness Liu XX, old XX confirms contract original is profit objective to fill source company hold. On the other hand, profit objective fills source company to breed a tick duck seedling, feed for fleshy duck, will tell from constant manage, its are impossible not with breed door sign written contract in order to ensure of fleshy duck reclaim, otherwise the management risk that profit objective contains source company is too big. The 3rd, what sue at the same time is other 6 breed the data of seeing and hearing that a contract photocopy that also offers their hold respectively or contract photograph and proof contract exist. On put together, can illative both sides has been signed breed a contract, guest showing increase fills refus of original of contract of source company hold to be not offerred, "A certain number of regulations of top people court about civil suit evidence "75Regulation, "Evidence proves evidence of hold of one party party does not have warrant refus to be not offerred, if the the opposing party advocates the content of this evidence goes against evidential holder, OK and illative this view holds water. " the value that profit objective contains source company to did not press the agreement in the contract reclaims fleshy duck, attribute action of break a contact, should continue to pay Liu Jiahua money of residual meat duck and its interest. Accordingly adjudicative profit objective fills source company to give Home Fu Liu money of beautiful flesh duck 12760 yuan reach accrual (consideration of standard interest rate comes the borrow or lend money of bank of the corresponding period that interest has to set according to Chinese people bank from the day March 9, 2013 to adjudicate originally affirmatory.
(3) typical meaning
The one party that this case is a model fulfills medium advantage position to get the case of undeserved interest with the contract, company of profit objective Cheng Yuan is reclaiming fleshy duck when call in contract original, deny the existence that signs a contract thereafter, bring about breed door be issued by the circumstance of embezzle part of what should be issued in fleshy duck money, cannot offer contract original to come quote, this kind of behavior violates honest credence principle badly. This judgment result is fulfilled to what the standard breeds a contract this kinds, the breed aquatics that protection is in weak power position door legitimate rights and interests has great sense. This case fact is clear, responsibility is clear, 2 careful court adjudicates in time lawfully, to profit objective company flourishing a source uses advantage position to got the behavior of undeserved interest to undertake criticism, investigate the legal duty that violates the person that break one's promise strictly, ensure honest be as good as one's word to close right increase just. The court decision of this case, be helpful for regulation of clear responsibility, establish, safeguard sincere letter, reflected people court adequately to safeguard party lawfully legitimate rights and interests, defend the function action of social fairness justice.
