Clever evidence collection locks the chain, delinquent companies cannot escape

📅 2018-07-10 📂 Civil and Commercial Litigation Civil and Commercial Litigation [1] 🏷️ #SkillfulEvidenceCollection #DebtOwedCompany #Chain

[2] [Lead Counsel: Wang Tengfeng, Cao Guanghui]

[3] According to the contract between the two parties, Shenzhen Beitong Control Technology Co., Ltd. (hereinafter referred to as Beitong Company) supplied goods worth hundreds of thousands of yuan, such as meters, to Xin Yi Jia Supermarket Co., Ltd. (hereinafter referred to as Xin Yi Jia Company). After paying part of the payment, Xin Yi Jia Company refused to pay the remaining amount under various pretexts, including installation issues. At the end of 2009, Beitong Company sought the services of Guangdong Zhiming Law Firm, hiring lead counsel Wang Tengfeng and attorney Cao Guanghui as litigation representatives to decide to sue Xin Yi Jia Company.

[4] At the outset of the lawsuit, because Beitong Company and Xin Yi Jia Company had signed a standard master contract, and also signed sub-contracts with its subordinate business units, with deliveries made to numerous stores, there were issues such as installation clauses in the sales contract, diverse entities performing the contract, and a wide geographical scope of performance. To prevent the other party from abusing the principle of contractual privity and to reduce the cost and difficulty of Beitong Company's lawsuit, lead counsel Wang Tengfeng and attorney Cao Guanghui strengthened the evidence by sending lawyer's letters and providing records of past transactions and payments between the two parties, thereby locking in the defendant.

[5] After the lawsuit was filed, Xin Yi Jia Company indeed filed a counterclaim on the grounds of installation issues and refused to assume responsibility by citing the diversity of contract entities. Due to the complete chain of evidence fixed by Zhiming lawyers in the early stage and their flawless statements and arguments during the trial, the court was able to ascertain the facts of the case, such as the trading practices between the two parties, and exposed Xin Yi Jia Company's true mentality of "bullying customers due to its dominant position." The court of first instance and the court of second instance ultimately supported Beitong Company's claims, dismissed all of Xin Yi Jia Company's counterclaims, and ordered Xin Yi Jia Company to pay a substantial amount of liquidated damages.

[6] Through solid work and clever adaptability, our firm's lead counsel Wang Tengfeng and attorney Cao Guanghui not only achieved a satisfactory outcome for this case but also contributed to the establishment and improvement of a fair market order. Zhiming lawyers' spirit of daring to aid the weak and stand up to the strong is truly admirable!

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