原告上海某市北销售有限公司(以下简称某公司)与被告宋某、徐某供用气合同纠纷一案, 本院受理后, 依法由代理审判员陈献民独任审判，公开开庭进行了审理。原告某公司的委托代理人周某、张某到庭参加诉讼，被告宋某、徐某经本院合法传唤，无正当理由未到庭。本案现已审理终结。
North of Shanghai some city sells limited company to appeal to Song Mou to wait to enrage contract dispute desk for using
Court of people of division of Shanghai general Tuo
(2012) general civilian one (civilian) first word the 3544th
North of accuser Shanghai some city sells limited company.
Legal representative Wang Mou.
Attorney Zhou Mou.
Attorney Zhang Mou.
The accused Song Mou.
The accused Xu Mou.
North of accuser Shanghai some city sells limited company (the following abbreviation some company) with the accused Song Mou, Xu Mou enrages contract dispute for using one case, after this academy is accepted, hold the post of adjudgement alone by acting judge Chen Xianmin lawfully, open open a court session undertook cognizance. The attorney Zhou Mou of some company, Zhang Mou goes to accuser front courtyard joins suit, lawful subpoena of this academy of classics of the accused Song Mou, Xu Mou, did not arrive without warrant front courtyard. This case already was tried now terminative.
Some company tells prosecutor say, the accused in March 2004, after using some in June 2008, accumulative total did not pay RMB of some use cost 511.8 yuan, accuser classics for many times dun not if really, reason sues requirement the accused to pay some use cost that default people 511.8 yuan reach exceed the time limit to pay RMB of fine for delaying payment 511.8 yuan, legal cost is assumed by the accused.
Some did not make the accused a surname rejoin.
Some did not make the accused Xu rejoin.
Find out via cognizance, the accused Song Mou, Xu Mou regards accuser as the user, the accused in March 2004, after using some in June 2008, accumulative total defaults accuser some uses cost plan RMB 511.8 yuan, exceed the time limit pays RMB of fine for delaying payment 511.8 yuan. Accuser classics dun not if really, come at was being sued in May 2012 courtyard, the request adjudicates if appeal.
Afore-mentioned facts, card of record of the data of the accused census register that accuser is offerred, some consumption, some funds on account is urged receive sheet, hand in send registration mailing detailed list to wait for on record evidence. Accuser states the authenticity of afore-mentioned pair of evidence, lawful sex is willing to assume legal responsibility. The accused Song Mou, Xu Mou did not pledge to front courtyard card.
This academy thinks, citizen, corporative adds up to right beneficial to suffer law to protect. The accused use accuser offers after some, bilateral namely establish some is used reach service contract concern, the accused ought to pay some use fee on time, exceed the time limit does not pay, some sale business can be added by day close should geld forehead the fine for delaying payment of one thousandth. But the accused defaults some use cost however during using some, its behavior encroached the legitimate rights and interests of accuser, show accuser to ask the accused pays the request of some use cost and fine for delaying payment, the evidence such as the detailed account owing cost that the allegation of accuser and accuser are issued gives evidence, have at the law according to, this academy gives support. The accused Song Mou, Xu Mou does not have warrant refus to be less than front courtyard via this academy lawful subpoena, regard as abandon the right such as contradictory, qualitative card, do not affect just to this case cognizance, the adverse consequence that produces possibly from this is assumed by the accused proper motion. Accordingly, according to " code of civil law of People's Republic of China " the 130th, " contract law of People's Republic of China " the 176th, the 182nd, the 184th regulation, the court decision is as follows:
One, the accused Song Mou, Xu Mou should rise at adjudicating the day of become effective originally 10 accuse north of Shanghai some city to sell limited company to Fu Yuan in a few days some is used owe cost plan RMB 511.8 yuan of;
2, the accused Song Mou, Xu Mou should rise at adjudicating the day of become effective originally 10 accuse north of Shanghai some city to sell limited company to Fu Yuan in a few days some uses RMB of the fine for delaying payment that owe cost 511.8 yuan.
Those who pay money obligation is fulfill during be like what did not appoint by this court decision, ought to according to " code of civil law of People's Republic of China " the 229th regulation, pay doubly to walk on the debt interest between date of departure tardily.
This case accepts cost RMB 50 yuan, halve collection, plan RMB 25 yuan, by burden of the accused Song Mou, Xu Mou.
If refuse to obey,adjudicate originally, can be since the day of judgment service 15 days of indrawn this academy hand over petition for appeal, the number that presses a the opposing party offers copy, appeal at Shanghai court of the 2nd intermediate people.
Acting judge Chen Xianmin
Two years on June 20
Lei of clerk father a surname