13; 2
.
Entrusted agent ad litem: Yao Juyuan, lawyer of Qinghai guanruo law firm
.
Respondent (plaintiff of first instance and appellee of second instance): Zhu * Jun, male, Han nationality, born on October 26, 1969, lives in Xingqing District, Yinchuan City, Ningxia Hui Autonomous Region
.
According to the construction management data filed by Wulan County Bureau of land and resources, the authorization of Zhongding company for the project involved in the case is Jin haozhong, not Zhu * Jun
.
162 of Qinghai Higher People’s court and applied to this court for retrial due to the case of construction contract dispute with the respondent Zhu * Jun and the second instance respondent Wulan County natural resources bureau
.
Zhongding company did not know the affiliation agreement and whether Zhu * Jun was the actual constructor before the lawsuit
.
In this case, Zhu * Jun, as the actual constructor of the project involved in the case, formed a de facto legal relationship with the employer in the process of signing and performing the construction contract, and Zhu * Jun has the right to claim the project payment from the Bureau of land and resources of Ulan county
.
Zhongding company, as the borrowed qualification party, lacked the true intention to sign the construction contract with the employer Wulan County Bureau of land and resources, and there was no substantive legal relationship between Zhongding company and Wulan County Bureau of land and resources
.
Entrusted agent ad litem: Hu Guohui, lawyer of Qinghai Junjian law firm
.
Wulan County Natural Resources Bureau stated that during the construction of the project involved in the case, our bureau has been in contact with Zhu * Jun, and the project payment of 4058300 yuan has been paid off
.
329 of supreme law and min re Retrial applicant (defendant of first instance and appellant of second instance): Sichuan Zhongding Construction Engineering Co., Ltd
.
Sun Shougang did not hand over his work, accept audit and report to the board of directors after his dismissal
.
Zhongding company shall not be jointly and severally liable for the unpaid project funds and interest
.
Zhongding company applied for retrial and claimed that: 1
.
Case source: Supreme People’s Court (2019) Supreme faminzai No
.
Sun Shougang is now on file for investigation on suspicion of job occupation, which does not rule out the possibility that the affiliation agreement was forged between him and Zhu * Jun
.
1, Biyun Road, Wuhou District, Chengdu, Sichuan Province
.
Wulan County Bureau of land and resources made different statements in the lawsuit on whether Zhu * Jun was the actual constructor
.
The legal costs of this case shall be borne by Zhu * Jun
.
329 dispute over construction contract between Sichuan Zhongding Construction Engineering Co., Ltd
Wang Huihai, the outsider of the case, submitted an application for suspension of execution to the execution court on the grounds that he is the actual construction of the project involved in the case
.
1
.
Facts and reasons: (1) the application of law in the original judgment is wrong
.
The original judgment is beyond the foreseeable scope of Zhongding company at the time of signing the contract and violates the most simple principles of civil law（ 2） The original judgment found that Zhu * Jun was the actual constructor of the case, and the evidence was insufficient, and the case may involve a false lawsuit
.
2
.
When Zhongding company learned about the situation from Wulan County Bureau of land and resources, Wulan County Bureau of land and Resources said that Jin haozhong was responsible for the actual construction of the project, not Zhu * Jun
.
Legal representative: Diao Yulin, director of the Bureau
.
Focus: in the process of signing and performing the construction contract, the actual constructor and the employer form a de facto legal relationship
.
The trial of this case has been concluded
.
Wang Shujun, the entrusted agent ad litem of the retrial applicant Zhongding company, Hu Guohui, the entrusted agent ad litem of the respondent Zhu * Jun, and Yao Juyuan, the entrusted agent ad litem of the second instance respondent Wulan County Natural Resources Bureau, attended the court
.
The original judgment is wrong to apply Article 26
.
Address: No
.
Revoke the civil judgments of Qinghai Higher People’s Court (2018) Qing min Zhong No
.
Sun Shougang was dismissed on August 11, 2017 for failing to comply with the legal provisions and the company’s system during his tenure as a legal person
.
If the source is incorrectly marked or infringes on your rights and interests, please inform us and call 15831647475, and we will delete it immediately
.
599 civil ruling and brought the case to trial
.
3
.
Does the actual constructor have the right to claim the project payment directly from the employer
.
The retrial applicant Sichuan Zhongding Construction Engineering Co., Ltd
.
A-03, floor 1, building 1, No
.
Zhongding company appointed sun Shougang as the legal representative and general manager of the company from July 8, 2015 to August 16, 2017
.
Revise the judgment and reject Zhu * Jun’s lawsuit or Zhu * Jun’s claim; 3
.
Legal representative: Bai Yaxin, chairman of the company
.
Zhu * Jun appealed to the court of first instance: 1
.
Ordered Zhongding company to pay its project payment of 4058300 yuan, and Wulan County Bureau of land and resources shall bear joint and several liability within the scope of unpaid payment; The interest is 1025800 yuan, which shall be borne by Zhongding company; 2
.
and Zhu * Jun and Wulan County Natural Resources Bureau
.
from August 26, 2015 to August 25, 2017
.
Source: This article is only for exchange and study
.
(hereinafter referred to as Zhongding company) refused to accept the civil judgment (2018) qingminzhong No
.
Key points of judgment: the Supreme People’s court held that Zhu * Jun borrowed the qualification of Zhongding company to sign the construction contract involved in the case with Wulan County Bureau of land and resources
.
Order Zhongding company and Wulan County Bureau of land and resources to bear all litigation costs of this case according to law
.
2
.
Appellee of second instance (defendant of first instance): Wulan County Natural Resources Bureau (formerly Wulan county land and Resources Bureau)
.
Even if Zhu * Jun is the actual constructor under the affiliated relationship, he does not have the subject qualification of the plaintiff
.
Zhu * Jun argued that Zhu * Jun was the actual constructor of the project involved in the case, and the judgment of the second instance was correct and should be maintained
.
The court formed a collegial panel according to law and held a public hearing on November 21, 2019
.
Secondly, as the affiliated party, Zhongding company can foresee the worst result when signing the affiliated agreement is the loss of the affiliated fee and the joint and several liability for the project quality and the affiliated person
.
On November 2, 2016, Wulan County Bureau of land and resources signed the contract agreement with Zhongding company, which was signed by Diao Yulin, the entrusted agent of Wulan County Bureau of land and resources, and sealed by sun Shougang and both parties.
.
Article 26 of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract dispute cases of construction projects stipulates that “if the actual construction contractor sues with the subcontractor and illegal subcontractor as the defendant, the people’s court shall accept it according to law”
.
Supreme People’s Court of the people’s Republic of China matter sentence Decide Book (2019) No
.
The agreement does not specify the specific project name
.
Welcome to contribute articles to wechat: Gaojie lawyer, 13831623355
.
Firstly, in the construction relationship of the construction project under the affiliated situation, only the affiliated party and the affiliated person are required to bear joint and several liability for the project quality, and the employer and the affiliated party are not required to bear joint and several liability for the payment of the project funds
.
On August 26, 2015, Zhongding company signed the affiliation agreement with Zhu * Jun, and the affiliation period is two years, i.e
.
4, Chezhan Road, Wulan County, Haixi Mongolian and Tibetan Autonomous Prefecture, Qinghai Province
.
On March 29, 2019, the court made (2019) supreme law min Shen No
.
1
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Entrusted agent ad litem: Wang Shujun, lawyer of Sichuan Bashi law firm
.
The court of first instance found the facts: the employer of the project involved in the case was the Bureau of land and resources of Ulan County, the project name was the land development (balance of occupation and compensation) project of Tuohai village, Keke Town, Ulan County, and Zhongding company was the contractor
.
The original judgment found that Zhongding company and Zhu * Jun were affiliated rather than subcontracting and illegal subcontracting
.
The affiliation agreement signed by Zhu * Jun and Zhongding company on August 26, 2015 does not have the seal of Zhongding company, but only the personal signature of sun Shougang, the then legal representative
.
162 and Qinghai Haixi Mongolian and Tibetan Autonomous Prefecture intermediate people’s Court (2016) Qing 28 min Chu No
.
The case has entered the execution stage, and the construction funds have been transferred from the employer’s account to the court
.
Address: No
.
The original judgment found that Zhongding company was jointly and severally liable for the payment of project funds, which was lack of legal basis
.
