The New Crown outbreak has been going on for almost four years since it broke out in late 2019, and has deeply affected both governments, businesses and individuals. Securing sufficient and stable health protection supplies is crucial to preventing and combating the epidemic, especially masks, which can be considered a key measure to effectively block the spread of the virus. A people's government in Chongqing also took the initiative to take responsibility by signing a sales contract with a company in Beijing at the beginning of the epidemic to fund the purchase of a large number of masks. The government first remitted the payment to the other company's account, but the other party only sent part of the masks, the remaining hundreds of thousands of yuan of masks have not been paid at the agreed time. After the two sides negotiated a refund, but the money has not been returned until the date of the lawsuit, the client then entrusted the Beijing Municipal Kyoto Law Firm Zheng Fei lawyers to represent.

After accepting the case entrusted, Zheng Fei lawyer set up by Li Mingzhen lawyers and other lawyers team actively carry out the work. By comprehensively analyzing the evidence in the case, combing the other company related similar case law, and has been through the field visit, additional defendants, property preservation, notarization, legal advice and other work, after more than a year, and ultimately for the parties to get the first instance judgment.

I. Communicate the case

Although the case is a common sale contract disputes, but for any case is very critical link is to communicate with the client, this is a lawyer for a 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, and the client communication no less than 20 times, each communication are seriously make a good record, for the future combing the case laid a solid foundation.

Second, combing regulations and cases

Regulations and case combing is to deal with a case of the necessary action. Through the combing of laws and regulations, can be clear with the case related to the legal provisions and the possible consequences, and then select the appropriate litigation program. 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 has been a shell company, so decided to visit the company on the spot.

Third, the field visit

As expected, after the lawyer on-site visit, the building security personnel told the lawyer that this building is no longer the company. Then the lawyer dialed the company before the phone, although the phone is connected but was told that the other party has left, 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 the money because of the implementation. So the lawyer quickly take the alternative: additional defendants.

Four, 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. So the lawyer through various ways to clarify the identity of the third party information, quickly write an application to the court successfully added the defendant.

Five, preservation and notarization

In order to avoid the other party refused 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 a part of the defendant's property, thus laying 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.

Sixth, the court and judgment

The case before and after two sessions of three conversations, the lawyer also formed more than 100 pages of representation 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!