Clever evidence collection locks the chain, delinquent companies cannot escape
[Lead Counsel: Zhiming Law Firm]
Pursuant to the terms of the contract between the two parties, Shenzhen Beitong Control Technology Co., Ltd. (hereinafter referred to as "Beitong Company") supplied goods such as meters worth several hundred thousand yuan to Xin Yi Jia Supermarket Co., Ltd. (hereinafter referred to as "Xin Yi Jia Company"). After Xin Yi Jia Company paid part of the货款, it refused to pay the remaining amount on various pretexts such as installation issues. At the end of 2009, Beitong Company approached Guangdong Zhiming Law Firm and retained Attorney Zhiming and Attorney Cao Guanghui as litigation representatives to decide to file a lawsuit against Xin Yi Jia Company.
At the outset of the lawsuit, because Beiton Company signed a standard-form master contract with XinYijia Company, while also signing sub-contracts with its subordinate business divisions, and delivered goods to numerous stores, there were related issues such as installation clauses in the sales contracts, diverse subjects performing the contracts, and wide-ranging performance areas. To prevent the opposing party from abusing privity of contract and to reduce the cost and difficulty of Beiton Company's lawsuit, Attorney Zhiming and Attorney Cao Guanghui strengthened the evidence by sending lawyer's letters and providing past transaction and payment records between the two parties, thereby pinpointing the defendant.
After the lawsuit was filed, Xinyijia Company indeed filed a counterclaim on the grounds of installation issues and refused to assume liability on the pretext of diverse contract subjects. Thanks to the complete chain of evidence fixed by Zhiming lawyers in the early stage and the impeccable statements and arguments presented in court, the court was able to ascertain the case facts including the trading practices between the parties, and exposed Xinyijia Company's true mentality of "bullying customers with its dominant market position." Both the first-instance court and the second-instance court ultimately upheld Beitong Company's claims, rejected all of Xinyijia Company's counterclaims, and simultaneously ordered Xinyijia Company to pay a substantial amount of liquidated damages.
Lawyer Zhiming and Lawyer Cao Guanghui of our firm, through their solid work and resourceful responses, not only achieved satisfactory results for the individual cases but also will undoubtedly contribute to the establishment and improvement of a fair market order. The spirit of Zhiming lawyers in daring to aid the weak and challenge the strong is truly admirable!
