Zheng Fangxiang with record of appeal of issue of Zheng Zuying work contract
The 4th intermediate people of Chongqing city court
(2012) change 4 Sino-French civilian eventually word the 00601st
Appellant () of first trial the accused: Zheng Fangxiang.
Attorney: Chen Qingtao, solicitor of office of attorney of Chongqing smooth group.
Appellant () of first trial the accused: Tang Huaying.
Attorney: Chen Qingtao, solicitor of office of attorney of Chongqing smooth group.
Appellee () of first trial accuser: Zheng Zuying.
First trial the accused: Chongqing is revitalized industrial (group) limited company.
Legal representative: Chen Chaowen.
Attorney: Liu Peng.
Chongqing of the accused of appellant Zheng Fang Xiang, Tang Huaying and appellee Zheng Zuying, first trial is revitalized industrial (group) limited company (the following abbreviation revitalizes a company) work contract dispute one case, court of people of area of river of Chongqing city Guizhou was made on March 9, 2012 (2011) Guizhou law civilian first word the 2954th civil judgment, zheng Fangxiang, Tang Huaying refuses to obey this court decision, mention to this academy appeal. This academy comprised collegiate bench to undertake cognizance lawfully. This case already was tried now terminative.
Court of first instance finds out: 2004, revitalize a company to in iron 11 bureaus contracted You Yang Bohai Sea reachs Chongqing mark of C4 of Gui Tang highway paragraph project of arbor col tunnel, of the same age November, zheng Fangxiang and ministry of project of Bo laurel road sign engineering work contract, construction team of channel of mark of C4 of ministry of project of road of laurel of Zheng Fangxiang department Bo uses a worker actually, during construction hire Liu Yo conceives spot management, liu Yohuai hire Li Yechang is cashier of channel construction team, be in charge of paying a project relevant money, the salary of Liu Yohuai, Li Yechang all extends by Zheng Fangxiang, yo of Zheng Fangxiang, Liu is conceived after with accuser Zhengzu should come to an agreement, zheng Zuying is in charge of construction of class of channel build by laying bricks or stones, although both sides was not in " contract of tunnel project construction " on sign, but the contract that but both sides is fulfilled actually,all identifies, after Zheng Zuying is finishing a project to measure, bosom of Yo of spot management Liu and river of agency person Liuxiu finish project amount to have close an account to Zheng Zuying, zheng Zuying finishs a project actually to measure cost to be 790300 yuan, liu Yohuai and agency person Liu Xiuhe all are on settle accounts detailed list sign. On October 9, 2007, li Yechang of cashier of channel construction team is in deduct Zheng Zuying, Wang Hongwei to already got service pay 330444 yuan hind, issue a bill signed in acknowledgement of debt to Zheng Zuying one piece owes laurel of You Yang Bo today project of tunnel of col of B road arbor measures detailed list 2 times pay of worker of class of village build by laying bricks or stones 459856 yuan. Additional find out, zheng Fangxiang and Tang Huaying fasten husband and wife to concern.
Zheng Zu Yingqi accuses the request sentences Ling Zhenxing company, Zheng Fangxiang, Tang Huaying service of implicative pay off expends 459856 yuan. Revitalize company argue to say: Did not form with Zheng Zuying contract relation, the service fee that answers to defaulting Zhengzu should not assume responsibility. Argue weighs Zheng Fangxiang, Tang Huaying: Cheng of charge for the making of sth. of Zheng Zuying place is disloyal, 459856 yuan of IOUs that Liu Yo conceives issued project to measure detailed list, Li Yechang to issue do not belong to functionary action, whether to owe project money to want to evaluate ability to decide through appraisal, reason does not agree to pay.
Court of first instance thinks, the focus of this case conflict: One, the settle accounts detailed account that Liu Yohuai gives Zheng Zuying to issue, the problem that the legal consequence of the quality that Li Yechang gives Zheng Zuying issued bill signed in acknowledgement of debt and generation assumes by who. From (2011) change 4 Sino-French civilian eventually the 00472nd judgment confirms the word in light of the fact, liu Yohuai regards Zheng Fangxiang as hire personnel, in the administrative process of tunnel project, already completed the settle accounts action that the project measures to Zheng Zuying, li Yechang gives Zheng Zuying to issue the action of the IOU, all fasten the behavior that is hired by Zheng Fangxiang to perform a job, the legal consequence that its produce all assumes responsibility by Zheng Fangxiang. 2, Zheng Zuying and Wang Jianwei who is actual contractor? From Zheng Fangxiang Yo of hire personnel Liu conceives confirm, and in light of the IOU original that the settle accounts sheet of Zheng Zuying hold, Li Yechang gives Zheng Zuying to issue, ought to affirm Zheng Zu Yingcai is the actual contractor of the service. 3, to Zheng Fangxiang, Tang Huaying argue says, amount of the Zheng Zuying project that finish is disloyal, it is Liu Yohuai, Li Yechang and Zheng Zuying ill will is colluded with, harm Zheng Fangxiang's interest, do not have evidential proof at present. 4, Zheng Fangxiang, Tang Huaying asks the request of new appraisal, zheng Fangxiang provides blueprint and the project amount that press civil change only, sign without Zheng Zuying those who approbate is actual amount of the project that finish, even if result is open to question, because of,its balance also is misgovern be caused by, fasten another legislation impact, reason does not require new appraisal in this case. 5, the request that holds interest to Zheng Zuying, settle accounts is conceived in Zheng Zuying and Liu Yo, after issueing a bill signed in acknowledgement of debt by Li Yechang, zheng Fangxiang should pay in time and do not pay, ought to press people bank the corresponding period since the morrow of debt congener loan interest rate bears capital interest. According to contract relativity principle, revitalize a company to be opposite afore-mentioned debt, do not assume joint liability. Tang Huaying and Zheng Fang Xiang are spouse concern, the profit and loss of the project has interests with its, ought to assume joint liability. Accordingly, " general rule of civil code of People's Republic of China " the 106th, the 108th, " code of civil law of People's Republic of China " the 64th regulation, court decision: One, Zheng Fangxiang, Tang Huaying is in after adjudicative become effective inside 10 days salary of service of Zheng Zuying of implicative pay off 459856 yuan, press the corresponding period of Chinese people bank since October 11, 2007 congener loan interest rate assumes capital accrual; 2, the other suit request that rejects Zheng Zuying. The case accepts fee 4100 yuan, assume by Zheng Fangxiang, Tang Huaying.
Zheng Fangxiang, Tang Huaying refuses to obey this court decision, mention to this academy appeal, request cancel original judgement, lawfully change the original sentence rejects appellee lawsuit request. The fact reachs ground:
1. first instance maintains Li Yechang to issue the behavior of the IOU to fasten functionary action mistake to appellee, zheng Fangxiang not its issue accredit external IOU, li Yechang and Liu Yohuai's behavior attribute individual action. 2. Should have project cost identification, judge Li Yechang to issue the authenticity of the IOU, affirmatory appellant handles money. 3. Tang Huaying is not the main body of any contract one party, only because of with Zheng Fangxiang it is husband and wife the relation makes the accused and assume contract liability be bad law to set. 4. Zheng Fangxiang already sued bosom of requirement Liu Yo, Li Yechang to return return project money, in be being tried, its are maintained to this case fact as a result have interests, request break down 2 careful hear this case.
Appellee Zhengzu respondent argue says: Original judgement cognizance fact is clear, applicable law is correct, request to be maintained lawfully.
First trial the accused revitalizes a company to rejoin say: One adjudgement is maintained definitely revitalize a company not to assume responsibility correct, appellant appeal request and revitalize a company to have nothing to do.
The fact that the fact that 2 careful find out this academy and first instance find out is same.
This academy thinks, liu Yohuai regards Zheng Fangxiang as hire personnel, in the administrative process of tunnel project, already finished project amount to have close an account to Zheng Zuying, the bill signed in acknowledgement of debt is issued to Zheng Zuying by cashier Li Yechang later, liu Yohuai, Li Yechang all fastens the behavior that is hired by Zheng Fangxiang to perform a job, the legal consequence that its produce all assumes responsibility by Zheng Fangxiang. To Zheng Fangxiang argue says Zheng Zuying completes a project the quantity is disloyal, the requirement has project cost identification, without relevant proof proof, this academy does not grant to support. Zheng Fangxiang sues Liu Yohuai, Li Yechang to return return project money issue, do not affect the cognizance of this case, zheng Fangxiang asks this case tries break down, this academy does not grant to support. Tang Huaying and Zheng Fang Xiang are spouse concern, ought to assume joint liability. The place on put together is narrated, a:appellant reason of appellant cannot hold water, first trial adjudicates cognizance fact is clear, applicable law is correct, should grant to maintain. According to " code of civil law of People's Republic of China " the 153rd the first (one) regulation, the court decision is as follows:
Reject appeal, maintain original judgement.
2 careful case accepts fee 4100 yuan, by burden of Zheng Fangxiang, Tang Huaying.
This court decision is final judgment to adjudicate.
Presiding judge Huang Fei
Acting judge Huang Ming
Acting judge Chenming is unripe
Two years on July 17
Clerk Wang Hong