Domicile: No.
The Court formed a collegial panel according to law and heard the case.
Zhanhui Hami Branch has obvious faults in the signing of the construction contract, and should bear corresponding supplementary responsibilities.
Civil Judgment of the Supreme People’s Court of the People’s Republic of China (2022) Supreme People’s Court No.
(hereinafter referred to as “Zhanhui Company”) and the respondent Ding Xiaoyan, Urumqi Changrongdali Commerce and Trade Co., Ltd.
Based on factors such as the performance of the project construction contract and the construction contract, the degree of the fault of the parties, according to the principle of fairness and good faith, the Institute determined that Ding Xiaoyan paid the project funds and interest to Lv Kun as appropriate, and Zhanhui Company was liable for 30% of the project funds and interest owed.
Applicant for retrial (the defendant in the first instance and the appellant in the second instance): Henan Zhanhui Construction Engineering Co., Ltd.
Legal representative: Qiao Changfeng, general manager of the company.
Lv Kun has reason to believe that Ding Xiaoyan signed the construction contract on behalf of Zhanhui Hami Branch according to the content of the contract.
” In this case, Zhanhui Hami Branch, knowing that construction enterprises are prohibited by law from lending their qualification certificates to others, still allows Ding Xiaoyan to borrow their qualifications and issue a power of attorney to Ding Xiaoyan, and the construction contract clearly stipulates that Zhanhui Hami Branch appoints Ding Xiaoyan as the representative of Zhanhui Hami Branch at the project site, responsible for project management at the construction site.
Request that Changrong Dali Company, Zhanhui Company and Ding Xiaoyan be ordered to bear litigation costs such as case acceptance fees and preservation fees in the first and second instance.
3707, Chengbei Avenue, High tech Zone (New City), Urumqi, Xinjiang Uygur Autonomous Region.
The second instance judgment found that the project cost of 19606352.82 yuan was wrong..
Facts and reasons: 1.
Entrusted litigation agent: Meng Jing, lawyer of Beijing Deheng (Yinchuan) Law Firm.
Entrusted litigation agent: Li Zhuoxuan, lawyer of Xinjiang National Law Law Firm.
Judgment gist: Article 26 of the Construction Law of the People’s Republic of China stipulates that: “The units that contract construction projects shall hold the qualification certificates obtained according to law and contract projects within the business scope permitted by their qualification levels.
The retrial applicant Lv Kun and his entrusted litigation agents Fatima and Liu Yujie, the retrial applicant Zhanhui’s entrusted litigation agents Meng Jing and Wan Lei, the respondent Ding Xiaoyan’s entrusted litigation agent Wang Wanquan, and the respondent Changrong Dali’s entrusted litigation agent Li Zhuoxuan attended the court proceedings.
Construction enterprises are prohibited from contracting projects beyond the business scope permitted by their qualification levels or in any form in the name of other construction enterprises.
Entrusted litigation agent: Wan Lei, lawyer of Beijing Deheng (Yinchuan) Law Firm.
Entrusted litigation agent: Fatima, lawyer of Beijing Qiankun (Urumqi) Law Firm.
124 retrial applicant (plaintiff in first instance, appellant in second instance): Lv Kun, male, born on November 1, 1981, Han nationality, I live in Pingqiao District, Xinyang City, Henan Province.
Respondent (the defendant in the first instance and the appellee in the second instance): Ding Xiaoyan, male, born on October 5, 1976, Han nationality, living in Yuncheng County, Heze City, Shandong Province.
he requested to revoke the first paragraph of the second instance judgment and change the judgment that Changrongdali Company and Ding Xiaoyan should pay Lv Kun the project funds and interest; 2.
On December 15, 2021, the Court made a civil ruling (2021) Supreme Farming Shen No.
Legal representative: Li Qingrui, general manager of the company.
Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses in any form The enterprise undertakes projects in its name.
Request to rescind the second item of the second judgment, and change the judgment that Zhanhui Company should pay Lv Kun the project fund of 24034890.13 yuan; 3.
1, Administrative Street, Guilin Town, Linzhou City, Anyang City, Henan Province.
Ding Xiaoyan signed the construction contract with Lv Kun in his own name, but the construction contract was signed on the copied project construction contract.
83 civil judgment.
Since Zhanhui Hami Branch has been cancelled, Zhanhui shall bear the corresponding responsibility.
Request to rescind the fourth item of the second instance judgment and change the judgment to Zhanhui Company, Ding Xiaoyan and Changrong Dali Company to bear the appraisal expenses; 5.
Respondent (the defendant in the first instance and the appellee in the second instance): Urumqi Changrongdali Trading Co., Ltd.
Lv Kun applied for retrial and said that, 1.
5697 to bring the case up for trial.
Entrusted litigation agent: Liu Yujie, lawyer of Hainan Foreign Economics Law Firm.
Address: No.
Request to rescind the third item of the second instance judgment, and change the judgment that the interest of the unpaid project funds paid by Zhanhui Company was 1817137.84 yuan from November 30, 2017 to June 25, 2019, with 24034890.13 yuan as the base from June 26, 2019 to August 19, 2019, calculated according to the benchmark interest rate of the People’s Bank of China for loans of the same period and grade, and with 24034890.13 yuan as the base from August 20, 2019 to the date of actual performance, Calculated according to the loan market quoted interest rate published by the National Interbank Funding Center in the same period; 4.
The retrial applicant Lv Kun, who disagreed with the retrial applicant Henan Zhanhui Construction Engineering Co., Ltd.
1, Office Area, No.
Entrusted litigation agent: Wang Wanquan, lawyer of Xinjiang Saitian Law Firm.
The case has now been concluded.
(hereinafter referred to as “Changrongdali Company”) in the case of construction contract dispute, applied to this court for retrial against the Xinjiang Uygur Autonomous Region High People’s Court’s (2021) Xinminzhong No.
