Counterfeit bill becomes key evidence; Zhiming lawyer helps Shanxi coal company recover huge assets.

📅 2018-06-11 📂 Civil and Commercial LitigationCivil and Commercial Litigation 🏷️ #FakeDraft #KeyEvidence #ShanxiCoalEnterprise #HugeProperty

After the verdict was issued, Wang Mougang quietly opened his phone and sent a text message to Jia Runlian, a lawyer at Guangdong Zhiming Law Firm: Thank you!

In 2008, Wang Mougang, the legal representative of Jinmou Coal Industry Co., Ltd. (hereinafter referred to as Jinmou Company), was introduced to Ma Mouping, the legal representative of Senmou Materials Trade Co., Ltd. (hereinafter referred to as Senmou Company), and they began cooperation: Senmou Company purchased clean coal from Jinmou Company using cash, drafts, and other methods. After several transactions, Jinmou Company received a draft of 5 million yuan issued by Senmou Company, but when the former demanded payment from the latter, the latter prevaricated. Left with no choice, Wang Mougang, the legal representative of Jinmou Company, entrusted Jia Runlian, a lawyer at Guangdong Zhiming Law Firm, to sue Senmou Company in court.

In court, Ma Mouping, the legal representative of the defendant Senmou Company, argued that the plaintiff Wang Mougang had conducted clean coal transactions with Senmou Company and that the issuance of the fake draft was the act of an individual employee of Senmou Company, unrelated to himself. Lawyer Jia Runlian refuted this in court, stating: According to Article 74 of the "Payment Settlement Measures" issued by the People's Bank of China, commercial drafts can only be used between legal entities and other organizations that have opened deposit accounts in banks if there is a genuine transaction relationship or creditor-debt relationship. Therefore, the defendant Ma Mouping's commercial conduct was in the performance of his duties, and thus the losses of the plaintiff Jinmou Company should be borne by the defendant Ma Mouping.

In the end, the court adopted the litigation opinion of lawyer Jia Runlian and ruled that Senmou Company should repay the principal and interest of the货款 to Jinmou Company, thereby recovering significant losses for Jinmou Company.

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