Xiaoshan district lawyer

The number is ××× 10, and I live in Xiacheng District, Hangzhou, Zhejiang Province. Authorized Agent: Shen Xiaogang, lawyer of Zhejiang Jizhou Law Firm. Defendant Peng * Xing, male, born on 18 10/0, Han nationality, from Chengmai County, Hainan Province. The case of the contract dispute between the plaintiff Zhang Xyuan and the defendant Peng Xxing was filed in our hospital on August 12, 2020. According to the decision of NPC Standing Committee on authorizing the Supreme People's Court to carry out pilot reform of civil procedure in some areas, the small-sum litigation procedure was applied according to law, and the trial was held in public on September 14, 2020. Lawyer Shen, the litigation agent of the plaintiff Zhang Xyuan, appeared in court to participate in the lawsuit, and the defendant Peng Xxing was summoned by our court and did not appear in court to participate in the lawsuit without justifiable reasons. The case has now been closed. Plaintiff Zhang * Yuan brought a lawsuit to our court: 1. The defendant was ordered to pay the plaintiff 40,000 yuan, and the plaintiff's interest loss was 22 15 yuan (calculated at 40,000 yuan 65,438+0.5 times of the loan market quotation rate of 3.85% published by the National Interbank Funding Center since June 2009). 2. The defendant was ordered to bear the plaintiff's attorney's fee of 4,000 yuan; The litigation costs in this case shall be borne by the defendant. The defendant Peng did not reply and did not submit evidence. The basic facts of the case found through trial are as follows: on March 27th, 2009, the defendant Xiang Peng plaintiff issued an iou, claiming that Zhang * transferred the store to Peng Xiaoxing on October 27th, 200912009, with a transfer fee of RMB 17500. Peng * Xing settled 40,000 yuan before May 3 1, 20 19. If it is overdue, all expenses (including but not limited to attorney's fees, legal fees, preservation fees, transportation fees, travel expenses, appraisal fees, etc.). If the creditor claims compensation from the defaulting party to safeguard its own rights and interests, it shall be borne by the defaulting party. After the expiration of the performance period, the defendant Peng Xingxing failed to pay any money, and the plaintiff sued the court for a judgment as requested. In addition, the plaintiff signed an agency contract with the law firm for the lawsuit in this case, and the lawyer's fee was 4,000 yuan. We believe that the "IOU" issued by the defendant Peng Xxing is a true expression of its meaning, and its content does not violate the mandatory provisions of laws and administrative regulations, so it should be confirmed as valid. If the defendant fails to fulfill the payment obligation as agreed, the plaintiff has the right to ask the defendant to pay 40,000 yuan and pay the interest loss of the overdue payment from the date of overdue payment. However, the plaintiff's claim that the quoted interest rate of 3.85% in the loan market is 1.5 times is unfounded, and the court adjusted it according to law. From June of 65,438+0,2065,438 to August of 65,438+09, the bank loan interest rate was calculated at 40,000 yuan in the same period. After that, it is calculated according to the loan market quotation LPR published by the National Inter-bank Funding Center for the same period to the actual performance date, and is temporarily calculated according to May 2020 16 1663 yuan. The plaintiff claimed that the defendant should bear the lawyer's fees, which was in line with the agreement between the two parties. However, the charging standard advocated by the plaintiff is too high, and our hospital supports 3000 yuan as appropriate. The defendant Peng Xing was legally summoned by our court and refused to attend the lawsuit in court, which did not affect the trial of this case. Accordingly, according to Articles 60 and 107 of the Contract Law of People's Republic of China (PRC) and Article 144 of the Civil Procedure Law of People's Republic of China (PRC), the judgment is as follows: 1 The defendant Peng paid the plaintiff Zhang Xingyuan a penalty of 40,000 yuan and the interest loss of overdue payment 1663 yuan within 10 days from the effective date of this judgment. 2. The defendant Peng * Xing paid the plaintiff Zhang * Yuan a lawyer's fee of 3,000 yuan within 10 days from the effective date of this judgment; Three. Reject the plaintiff Zhang XX's other claims. If the defendant fails to perform the obligation of paying money within the period specified in this judgment, he shall pay double interest on the debt during the delayed performance in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC). The acceptance fee for this case is 955 yuan, and 477.50 yuan will be charged at half, of which 16 yuan shall be borne by the plaintiff Zhang× yuan, and 46 1.50 yuan shall be borne by the defendant Peng× xing. Plaintiff Zhang * applied for a refund to our hospital within 15 days from the effective date of this judgment; The defendant Peng * Xing paid the legal fees to our court within seven days from the effective date of this judgment. This is the final judgment. Judge Yu wrote on behalf of the clerk Qiu on September 28th, 2002. "Contract Law" and "Procedural Law" are now invalid, and the replacement can refer to the relevant provisions of the Civil Code.