The COVID-19 has lasted for nearly four years since its outbreak at the end of 2019, which has deeply affected both the government, enterprises and individuals. Ensuring sufficient and stable health protection materials is crucial for epidemic prevention and fighting, especially masks, which can be said to be a key measure to effectively block the spread of the virus. The Chongqing Municipal People's Government also took the initiative to take responsibility and signed a sales contract with a Beijing company at the beginning of the epidemic, investing in the purchase of a large number of masks. The government first remitted the payment to the other party's company account, but the other party only issued a portion of the masks, and the remaining hundreds of thousands of yuan of masks have not been paid within the agreed time. Later, both parties negotiated a refund, but the payment was not returned until the date of the lawsuit. Therefore, the parties entrusted lawyer Zheng Fei from Beijing King & Capital Law Firm to act as their agent.

 

After accepting the commission of the case, Zheng Fei formed a team of lawyers including Li Mingzhen to actively carry out agency work. Through comprehensive analysis of the evidence materials in the case, sorting out similar precedents related to the other party's company, and carrying out multiple tasks such as on-site visits, adding defendants, property preservation, notarization, and issuing legal opinions, after more than a year, the party finally obtained a first instance winning judgment.

 

I. Communicating the case

 

Although this case is people common sale contract dispute, but for any case is very critical link is to communicate with the client, this is for the lawyer comprehensive understanding of the case background information and find out the key points of the case is crucial. Lawyer before and after accepting the commission, no less than 20 times with the client communication, each communication are carefully make a good transcript, for the future comb the case laid a solid foundation.

 

II. Sorting out regulations and cases

 

Statute and case law combing is a necessary action in handling a case. By combing through the statutes, the legal provisions and possible consequences related to the case can be clarified, so as to select the appropriate litigation plan. The case search, especially the other company involved in similar cases, for the trial of the case is very necessary for reference. Through the search, the lawyer found that the other company involved in the sale of masks similar contract disputes have been several cases, and the case after the first and second trial have lost, and ultimately the company has been listed as a bad faith executor for failure to repay. Therefore, the lawyer highly suspected that the other party is a shell company, and decided to visit the company on the spot.

 

III. The field visit

 

As expected, after the lawyer's on-site visit, the security personnel of the building informed the lawyer that there was no such company in the building. The lawyer then dialed the company's previous phone number, although the phone was connected, but was told that the other party has left the company, can not provide any information about the company. This also gave us a wake-up call, the company may have no money in the external account, even if you win the case may be difficult to get money because of the implementation. So the lawyer quickly take the alternative: additional defendants.

 

IV. Additional defendants

 

At this time, the lawyer through further communication with the parties and carefully analyze the case found that the case of another key person that is the third person Zhang, has been as the other company's executive representative and government staff contact. Whether it is the signing of the contract, or the receipt and payment of money, whether it is the later negotiation of the refund, or later the third person took the initiative to issue a "letter of commitment" ...... all clearly indicate that Zhang is the other company's executive representative. Moreover, during the period of contract signing and performance, the other company never raised any objections, nor did it make any move against the third person's agency behavior. According to the provisions of the Civil Code on the concurrent debt, since the third person took the initiative to the government issued a Letter of Commitment, it should be jointly and severally liable with the company. The attorney then clarified the identity of the third party through various means and quickly wrote an application to the court to successfully add the defendant.

 

V. Preservation and notarization

 

In order to avoid the other party's refusal to pay compensation after winning the case, we usually have to apply to the court for property preservation. The principle is that the property preservation limits the property owner's disposition of property, so it can protect the effective implementation of the judgment to a certain extent. In this case, the lawyer through the pre-litigation property preservation, fixed part of the defendant's property, so as to lay the foundation for the effective implementation of the subsequent judgment. In addition, the evidence in this case involves the cell phone weibo chat records, because our client's staff in chongqing, during the epidemic period to and from beijing is not convenient, so the lawyer asked the government staff to do a notarization of the chat records in case the other party company on the authenticity of the evidence objections.

VI. the court and judgment

 

The case before and after two sessions of three conversations, the lawyer also formed more than 100 pages of opinions and evidence submitted to the court. In the end, the judge in fully listening to the lawyer's opinion, on the basis of conscientious performance of duties, strict control, judgment of the two defendants to the plaintiff jointly and severally liable for the return of the remaining payment and interest.

 

This case after the lawyer's unremitting efforts, for the client ushered in a critical judgment. This is not only the lawyer actively respond to the results, but also the court fair trial to help the national epidemic prevention and control results. Kyoto lawyers will always work together with the national epidemic prevention and control, do their best to protect the anti-epidemic materials, and escort the safe transactions for the government and enterprises!