A reply to the protest

The defendant should actively submit a reply, which is conducive to the court's more comprehensive understanding of the case. In the real world, many irreconcilable things need to be solved through legal channels. We usually prepare our defense in advance before the trial. The following is a reply I have compiled for you, hoping to help you.

Respondents:

Domicile:

Legal representative:

Respondents:

Domicile:

Legal representative:

Because the respondent applied to the procuratorate to lodge a protest against the civil judgment of the _ _ _ _ _ _ _ _ _ Intermediate People's Court.

Matters to be defended: The respondent's application for protest has no factual basis and legal basis, and should be rejected according to law.

Facts and reasons:

I. Relevant facts of this case

1, the fact of cooperation

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ has put forward new requirements for the qualification standard of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

In order to meet the Grade B qualification standard of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After a month of full communication and negotiation, both parties signed this agreement on _ _ _ _ _ _.

2. Results of cooperation

The respondent has fulfilled the cooperation obligations agreed in this agreement, and publicized the qualification of the new safety evaluation institution in the name of the respondent on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

First of all, the respondent invested a lot of manpower, material resources and financial resources, and made great contributions to the qualification.

The respondent invested _ _ _ _ _ _ _ million yuan to purchase _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Secondly, the legal representative of the respondent, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Including changing the registration of safety assessors according to the contract, purchasing software and hardware, special equipment and general equipment, signing a technical cooperation agreement, preparing evaluation materials, organizing and presiding over the evaluation and acceptance meeting, reporting the preparation on behalf of _ _ _ _ _ _ _ _ _ Technology Co., Ltd., rectifying one by one according to the problems raised in the evaluation and acceptance, and finally applying for the qualification certificate of safety assessment institution in the name of the defendant.

3. Causes of disputes

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The respondent has no choice but to move back to the original office _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In view of this situation, the respondent decided to withdraw from the cooperation from _ _ _ _ _ _ _ according to the relevant provisions of Article 5 of this Agreement.

Second, the focus of controversy in this case

The focus of the dispute in this case is: 1, whether there is a factual and legal basis for the respondent to pay compensation of _ _ _ _ _ million yuan; 2. Whether the respondent in the second trial has new evidence that can change the determination of paying compensation of _ _ _ _ _ _ _ _ million yuan.

1. Is there a factual and legal basis for the respondent to compensate RMB _ _ _ _ _ _ _?

The factual basis. On the date of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Therefore, the so-called number of people and the use of water and electricity fees will not affect the withdrawal, and there is no problem that "compensation is conditional". It should be noted that the two parties agreed in the contract is "compensation" rather than "compensation", that is, one party has invested in cooperation, and the other party loses its qualification to engage in safety evaluation institutions after withdrawing.

Legal basis. The agreement signed by both parties on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The legal representative and agent of the respondent clearly recognized the validity of the agreement in the court of second instance, and filed a lawsuit in Jinshui District Court according to the agreement. Article 60 of the Contract Law stipulates that the parties shall fully perform their obligations as agreed. Then, according to Article 5, paragraphs 1 and paragraph 2 of the agreement signed by both parties, if one party withdraws, the other party shall pay _ _ _ _ _ _ _ _ _.

2. Does the respondent have new evidence in the second trial, and can it change the determination of paying compensation of _ _ _ _ _ _ _ _ million yuan?

First of all, the defendant did not submit a lot of new evidence during the second trial. The evidence submitted by the defendant in the second trial is all the evidence submitted in the first trial.

Secondly, the evidence submitted by the respondent cannot change the determination of paying compensation of _ _ _ _ _ _ _ _ million yuan.

1. Whether the defendant fully fulfilled his obligations is a breach of contract. This problem can only be judged as a breach of contract. It should be noted, however, that the qualification of the safety evaluation institution newly added in the name of the respondent was announced on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The fundamental purpose of cooperation is actually to obtain the qualification of a new safety evaluation institution, which has been achieved. Therefore, there is no question of the defendant's breach of contract.

It should be emphasized that the two parties agreed in the contract is "compensation" rather than "compensation", so the compensation of 6,543,800 yuan has nothing to do with breach of contract.

2. The compensation proposed by the respondent is conditional and cannot be established. The agreement is clear. Within the validity period of the qualification certificate of the safety evaluation agency, Party B (_ _ _ _ _ _ _ Technology Co., Ltd.) shall not quit without reason ... Party A shall pay Party B economic compensation of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ As for "safety assessors, all general equipment, special equipment and files belong to Party A", it belongs to the rights of the respondent. This issue and the so-called water and electricity charges, office space fees, three salaries and other issues are different from the nature of the respondent's request for prosecution, and can be counterclaimed in the first instance or prosecuted separately. However, the defendant did not file a counterclaim in the first instance. According to the principle that people don't sue officials and don't investigate them, the court will certainly not try them, but it can't be said that the court's decision is wrong. At present, the respondent has filed a separate lawsuit with the court, which has accepted it and is under trial.

3. The respondent claims that the respondent "used his qualification for _ _ _ _ months", which is totally ignoring the facts! _ _ _ _ _ _ _ Provincial Administration of Work Safety stipulates that replacement cards should be issued before _ _ _ _ _ _ _. In other words, the respondent was qualified before _ _ _ _ _ _ _ _ _ _ _ _ In other words, the day before the respondent got the new qualification, he kicked the respondent out! The respondent of the qualification of the new rating agency has not seen it so far! On a certain day in _ _ _ _ _ _ _ _

Therefore, the evidence presented by the defendant in the second trial cannot change the determination of paying compensation of _ _ _ _ _ million yuan.

Third, the case does not meet the conditions for protest.

The essence of the dispute between the respondent and the respondent can be divided into two parts: one part is whether one party should pay compensation for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Part of it is how to deal with the resignation, including the advance payment of employee salaries and social security fees, water and electricity property fees and office space fees, the ownership of all safety assessors, all general equipment, special equipment and files, whether it is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. The first part has been settled by the defendant, and the facts are clear and correct. The second part does not affect the determination of the first part, and the second part is the part where the respondent applies for protest. The respondent has filed a lawsuit in Jinshui District People's Court, and the court has entered the trial procedure.

If the procuratorial organs of civil and administrative cases apply for a protest and solve it through other means, they will not protest. In this case, the facts of the application for protest are clear, and there are no problems. Some of them have entered the lawsuit and are under trial. Therefore, the respondent believes that the case does not meet the conditions for protest, and should reject its application for protest according to law.

I am here to convey

_ _ _ _ _ Municipal People's Procuratorate

Defendant: _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Attachment: copy of the defense;

_ _ _ _ _ copies of evidence materials.