Court of people of division of Beijing close cloud is civil judgment
(2018) Beijing 0118 civilian first 10165
Accuser: Zheng Xianwei, male, was born on March 12, 1979.
The accused: Beijing assumes office of representative of Ze Cheng registration book.
Accuser Zheng Xianwei and office of representative of Ren Zecheng registration book of the accused Beijing (office of Ren Zecheng of the following abbreviation) issue of full name authority one case, this academy on September 14, 2018 after put on record, lawfully applicable and simple and easy program, open open a court session undertook cognizance. The investor that accuser Zheng shows Wei, the accused to assume Ze Cheng office plum arrive firmly front courtyard joins suit. This case already was tried now terminative.
Zheng Xianwei puts forward lawsuit to request to this academy: 1. Sentence make hold the post of Ze Cheng office to give pay my pecuniary loss to add up to 34800 yuan. Include appraisal to expend 19800 yuan, retaining fee 5000 yuan, delay one's work expends 5000 yuan, traffic reachs the cost that print 5000 yuan; 2. The case accepts cost to be assumed by Ren Zecheng office.
Fact and reason: 214 years Feburary, I lose identity document, I went 2015 Henan saves a city police station to fill handled id card, in Feburary 2017, I buy bill to discover I show Wei prosperous to amount to trade limited company for Beijing to revenue (the following abbreviation shows Wei prosperous to amount to a company) legal representative and partner, the id card that just knows I am missing is risked to use registered a company, ren Zecheng office is this company register the acting office that register to manage, ren Zecheng office referred false legal representative to sign writ, obtain administrative license with undeserved method of deceit. Via appraisal of center of appraisal of material evidence of Beijing an ancient name for China, my signature in the material of industrial and commercial archives of this company is not me myself to sign. Ren Zecheng office uses me to lose Id to pretend to be the behavior that I sign to cause very big loss to me, reason sues a court, request court adjudicates lawfully.
Ren Zecheng office rejoins say: Identity information of Zheng Xianwei is risked to use, not be what I risk use. I am had relevant hold aptitude of course of study, according to door of The Ministry of Commerce and Industry the regulation refers material to undertake industrial and commercial register, undertake approve of examine and verify by door of The Ministry of Commerce and Industry, undertake without obligation examine and verify signs material whether oneself are written in one's own handwriting. "Original of Zheng Xianwei Id " " company dwelling place proves material " " signing company is particular register material information " waiting for all material is client Wei Chao refers me of place, my place is acting office department only. Should act on the id card that collects Zheng Xianwei by who, who is risked with Zheng Xianwei Id information registers Chang Da showing Wei who is company, actual the loss that runs this company to get the fact such as the interest will affirm by who compensatory Zheng shows Wei. Show door of The Ministry of Commerce and Industry already lawfully cancel of company of Chang Da showing Wei establish register. Reason does not agree with Zheng Xianwei's lawsuit to request.
Zheng Xianwei requests to submit the following evidence to this academy around lawsuit: 1. Book of opinion of appraisal of judicatory of center of appraisal of material evidence of Beijing an ancient name for China, of the Zheng Xianwei in proving prosperous showing Wei amounts to the material of industrial and commercial archives of the company sign be not its oneself to sign; 2. Zheng Xianwei pays 19800 yuan of appraisal the bill of cost to center of appraisal of material evidence of Beijing an ancient name for China, prove pecuniary loss of its appraisal charge; 3. Zheng Xianwei and the bill of 5000 yuan of retaining fees that Beijing believes agreement of representative of triumphant attorney office and Zheng Xianwei to pay to this law place, prove pecuniary loss of its retaining fee. Ren Zecheng office approbates the authenticity of afore-mentioned evidence, but think not to answer to assume tort responsibility to Zheng Xianwei by its.
This academy is as follows via hearing cognizance fact: Held the post of hold of Ze Cheng office 2014 with " Zheng Xianwei " be client " a power of attorney " and Zheng Xianwei's Id is northerly capital city is industrial and commercial substation of administration bureau close cloud (close cloud of the following abbreviation is industrial and commercial substation) refer, application establishs prosperous showing Wei to amount to a company. Afore-mentioned application material carry bright the company condition that application creates is: Company name amounts to a company to show Wei prosperous. The legal representative is Zheng Xianwei. The type is finite liability company. Partner is Zheng Xianwei. Initiator, executive trustee and manager are Zheng Xianwei, inspect thing is Qin Weiwei. In addition, " information of thing of legal representative, trustee, manager, inspect is expressed " in " all partner affix one's seal (sign) " place have " Zheng Xianwei " of model of written characters sign. " enterprise contact registration form " in contact place has " Zheng Xianwei " of model of written characters sign. " a power of attorney " in " client (affix one's seal, sign) " place have " Zheng Xianwei " of model of written characters sign. In company rules " partner signs " place have " Zheng Xianwei " of model of written characters sign.
2017, zheng Xianwei discovers its regard Chang Da showing Wei as the legal representative of the company and partner, was informed Id to be registered prosperous showing Wei amounts to a company, the office of the generation that register that Ren Zecheng office is this company manages. On April 17, 2017, zheng Xianwei entrusts center of appraisal of material evidence of Beijing an ancient name for China to be opposite in afore-mentioned material " Zheng Xianwei " of model of written characters sign have handwriting identification. Center of appraisal of material evidence of Beijing an ancient name for China those who issue " book of judicatory appraisal opinion " carry bright: Check material comes check material 12 on " Zheng Xianwei " autograph (full name) on handwriting and example " Zheng Xianwei " autograph (full name) handwriting is not out the handwriting of same person. Close cloud is industrial and commercial of center of appraisal of material evidence of summer of capital of substation basis north " book of judicatory appraisal opinion " cancel is right prosperous showing Wei amounts to what the company makes to establish register. Zheng Xianwei because appraisal item pays appraisal to expend 19800 yuan to center of appraisal of material evidence of Beijing an ancient name for China.
The representative that Ren Zecheng office weighs to prosperous showing Wei amounts to a company registers a department to accept Wei Chao to entrust deal with, its are not actual infringer, do not answer to assume corresponding responsibility by its. But the designation in this academy did not offer card to prove according to giving inside quote deadline.
Afore-mentioned facts, have party book of opinion of appraisal of allegation, judicatory, entrust acting agreement, bill to wait for evidence of evidential material on record.
This academy thinks: The natural person enjoys full name right, decision having right, use the full name that provides him change with according to, prohibit other interference, embezzle, sham. Full name authority of the citizen gets of enroach on, requirement having right stops enroach on, restore reputation, remove an effect, make an apology, OK seek redress loss. Party advocates to what he puts forward, responsible provide evidence. In this case, the exclusiveness individual information such as date of day of the full name that dweller Id account of Zheng Xianwei has Zheng Xianwei, birth date, address, certificate, and the data that Ren Zecheng office agrees to use its id card without Zheng Xianwei and provides blame Zheng to show Wei to sign undertakes information applies for to create company of Chang Da showing Wei registering industrial and commercial record, the full name that encroached Zheng Xianwei counterpoises, zheng Xianwei asks Ren Zecheng office recoups a loss accordingly, have fact and legal basis, this academy gives support. About remedying losing project and amount problem. This academy considers integratedly its show Wei with this case cancel Chang Da company is industrial and commercial register between inevitable the fault degree of causal, infringer, enroach on that is sufferred by infringer place and place break an interest to wait for an element, maintain as follows: The lawsuit that to Zheng Xianwei seek redress 19800 yuan of appraisal expend requests, reason just when, this academy gives support; Zheng Xianwei shows Wei prosperous to amount to a company to registered the matters concerned that register to produce traffic expenses and cost of delay one's work really to handle cancel, this academy take into consideration the circumstances gives support; The request of the retaining fee of Zheng Xianwei seek redress, cost that print, lack legal basis, this academy does not grant to support. Ren Zecheng office advocates its accept Wei Chao to entrust, create company of Chang Da showing Wei as procuratorial application, be not actual infringer, but did not offer significant evidence to give to this academy proof, reason is exculpatory to this opinion, this academy does not grant to collect a letter.
The place on put together is narrated, according to " general principles of civil code of People's Republic of China " the 110th, the 120th, " law of liability of tort of People's Republic of China " the 15th, the 20th, " code of civil law of People's Republic of China " the 64th regulation, the court decision is as follows:
One, office of representative of Ren Zecheng registration book of the accused Beijing has prosecutor of the 7 compensation inside day at adjudicating the day of become effective originally loss of cost of cost of Zheng Xianwei appraisal, transportation expenses, delay one's work adds up to twenty-one thousand eight hundred yuan;
2, the other suit request that rejects accuser Zheng Xianwei.
If did not press what this court decision appoints during fulfill pay money obligation, ought to according to " code of civil law of People's Republic of China " a stupid person 13 regulation, pay doubly to walk on the debt interest between date of departure tardily.
The case accepts fee 150 yuan (accuser Zheng Xianwei already was handed in beforehand) , assume responsibility of office of representative of Ze Cheng registration book by the accused Beijing, since the day that is restricted to adjudicate become effective originally hand in inside 7 days.
If refuse to obey,adjudicate originally, can be in since the day of judgment service inside 15 days, hand over petition for appeal to this academy, the number that presses a the opposing party or commissarial number offers copy, appeal at Beijing court of the 3rd intermediate people.
Judge Lv Shuyi
Two years on December 5
Judge assistant Huang Jie
Clerk Hou Junying
