The second instance of the installation project contract dispute was won by the lawyer's representative
Author: Li Xiaohua Law Firm
The Second Intermediate People's Court of Shanghai has made a judgment: rejecting the appeal of a hotel management company and upholding the original judgment.
A certain equipment engineering company signed a "Kitchen Equipment Supply and Installation Engineering Contract" with a certain hotel management company, agreeing that the equipment engineering company would undertake the supply and installation of kitchen equipment in the kitchen project of a certain hotel management company. The total price of kitchen equipment is over 490000 yuan. The contract is handwritten with the words' Agree that the second party shall be entitled to a 20% discount on the purchase order signed by the first party, Mr. Chen (General Manager of the company) '. Two companies signed the "Financial Statement" and confirmed that the equipment addition payment was over 200000 yuan. A certain equipment engineering company issued a collection letter to a hotel management company. During the first instance trial, the equipment engineering company also provided a business card and a consumption receipt of the floor assistant manager of a hotel management company's Hongxu Road store, with a consumption amount of 281 yuan at the store. Based on the above facts, the Huangpu District People's Court has ruled as follows: a hotel management company should pay more than RMB 200000 to a certain equipment engineering company for equipment addition, and pay a delay penalty. A certain hotel management company is dissatisfied and has filed an appeal, challenging the equipment surcharge and penalty determined in the first instance judgment. At the same time, the authenticity of the signed document is not recognized, and it is believed that the consumption signed document cannot constitute an interruption of the statute of limitations for litigation, and the first instance judgment is requested to be revoked.
We have accepted the commission of a certain equipment engineering company and appointed Lawyer Ma Dehui as the second instance lawyer to represent this case. The second instance judge clearly pointed out that there were defects in the evidence of a certain equipment engineering company, and there were issues with the statute of limitations in the lawsuit. In the event that the judgment may be changed, the lawyer went to the Xuhui District Notary Office to notarize the relevant evidence of a certain equipment engineering company, and then submitted it to the second instance court. At the same time, the lawyer participated in the trial and provided a representation opinion based on the facts of the case
According to Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the lawyer believes that the fact and amount of the equipment addition payment determined in the first instance judgment are correct and should be supported;
According to Article 107 of the Contract Law of the People's Republic of China, the lawyer believes that the first instance judgment's determination of the breach of contract liability of a certain hotel management company is correct and should be supported;
The lawyer believes that the effect of the lawsuit has been recalculated and has not exceeded the statute of limitations.
In the end, the second instance court made the above judgment, and the lawyer's representative opinion was adopted by the court.
Lawyer's comment: The statute of limitations in litigation is of great importance and must be highly valued. Rights holders must take relevant measures before the statute of limitations expires to avoid exceeding it. According to Article 188 of the latest General Principles of the Civil Law, the statute of limitations for filing a lawsuit for the protection of civil rights with a people's court is three years. If there are other provisions in the law, they shall be followed. The rights holder shall exercise relevant rights in accordance with the above provisions and safeguard their legitimate rights and interests.