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What is the legal dispute of Zhongyue Construction Group Co., Ltd.?
Linqing People's Court of Shandong Province
civil judgment
(20 16) Lu 158 1 Minchu 34 1 1
Plaintiff Wang Yuanling, male,1born in August 1982, Han nationality, farmer, lives in Yongtai County, Fujian Province.
Authorized Agent: Yin, legal worker of Linqing Taiheng Law Service Office.
Defendant: Zhongyue Construction Group Co., Ltd. Address: Floor 2, Building 309, Dideli Community, Daoli District, Harbin City, Heilongjiang Province.
Legal Representative: Tang Yue, general manager of this company.
Wang Yuanling, the plaintiff, and Zhongyue Construction Group Co., Ltd., the defendant, filed a case on August 4, 20 16, and held a public hearing on September 8, 20 16 according to the summary procedure. Yin, the plaintiff's litigation agent, appeared in court to participate in the lawsuit, while Zhongyue Construction Group Co., Ltd., the defendant, was summoned by our court but did not appear in court. The case has now been closed.
Wang Yuanling brought a lawsuit to our court: 1. Request to order the defendant to return the plaintiff's deposit of 654.38+million yuan according to law, and then change the lawsuit to request to return the deposit of 654.38+million yuan, and compensate the loss and liquidated damages of 20,000 yuan; 2. The legal fees and actual expenses of this case shall be borne by the defendant. Facts and reasons: The plaintiff and the defendant signed a contract for water and electricity installation project on October 20th, 20 15. After signing the contract, the plaintiff paid the defendant a deposit of 654.38 million yuan in three installments, but the defendant failed to perform the contract. The plaintiff and the defendant signed the contract on April 20th, 2016.
Zhongyue Construction Group Co., Ltd. did not reply.
The plaintiff submitted the following evidence according to law around the claim: 1. The original defendant and the defendant signed the Water and Electricity Warm Installation Construction Contract on October 20th, 20 15 (Party A is Zhongyue Construction Group Co., Ltd. and Party B is Wang Yuanling). The grant is refunded in one and two installments. Party A has Liu Xiaoyu's signature and the special seal of Zhongyue Construction Group Co., Ltd., and Party B has Wang Yuanling's signature and seal), which proves that both parties agree with the plaintiff to carry out the water and electricity warm installation project of Buildings 3 and 4 in the first phase of Hengzhong Qingyuan Community. The defendant delayed the plaintiff's construction after the plaintiff entered the site. 3 deposit receipts issued by the defendant, which prove that the plaintiff paid the defendant a deposit of 654.38 million yuan in three times, and now the defendant refuses to return the plaintiff's deposit for various reasons; 3. 1. A letter of guarantee issued by Liu Xiaoyu, a staff member of the defendant, which proves that the plaintiff requested the deposit, but the defendant refused to provide it; A letter of guarantee issued by Liu Xiaoyu, a staff member of the defendant, on October 5, 20/KLOC-0+065438/KLOC-0; 4. The commitment agreement issued by Wu Qiang, the project leader of the defendant, on April 1 1 2065438, which proves that Wu Qiang promised to return the plaintiff's deposit of RMB 65,438+million by the end of May16, but it has never been returned; 5. House lease agreement, which proves that the plaintiff rented Room 60 1 Unit 2 of Building Qingquan Garden 18 during this period, as well as the losses caused by the defendant to the plaintiff and the expenses of the workers during their residence in Linqing, and demanded that the defendant compensate for all losses and liquidated damages totaling 20,000 yuan.
During the trial, Wu Qiang, the head of Linqing Hengzhong Qingyuan Project Department of Zhongyue Construction Group Co., Ltd., approved the contract signed with the plaintiff, the fact of collecting the deposit and the letter of guarantee issued by Liu Xiaoyu. He called Liu Xiaoyu the manager of the project department, and said that his project department failed to undertake the first phase of the project due to the developer's cancellation of the contract, and therefore failed to perform the contract signed with the plaintiff, and agreed to return the deposit of 654.38 million yuan to the plaintiff.
Our court believes that, in combination with the facts ascertained by our court, it can be concluded that after the original and the defendant signed the Water and Electricity Heating Installation and Construction Contract, the defendant received the plaintiff's deposit of 654.38+million yuan, but the contract was not actually performed, and the relevant person in charge of the defendant recognized the refund of the deposit. Therefore, our court supports the plaintiff's claim for the defendant to refund the deposit of 654.38+million yuan. The plaintiff asked the defendant to compensate for the losses such as rent and liquidated damages, and the evidence was insufficient, so our court refused to support it. Accordingly, in accordance with the provisions of Article 108 of the General Principles of Civil Law of People's Republic of China (PRC), the judgment is as follows:
1. The defendant Zhongyue Construction Group Co., Ltd. returned the plaintiff Wang Yuanling's deposit of 654.38+ten thousand yuan within ten days after this judgment came into effect.
Second, reject the plaintiff Wang Yuanling'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 period for the plaintiff to apply for enforcement is two years from the date of expiration of the automatic performance period after this judgment takes effect.
The case acceptance fee is 2300 yuan, which shall be borne by the defendant Zhongyue Construction Group Co., Ltd. ..
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other party or representative, and pay the appeal fee at the same time, and appeal to the Intermediate People's Court of Liaocheng City, Shandong Province. If the appeal fee is not paid within seven days after the expiration of the appeal period, the appeal will be withdrawn automatically.
Judge Wang Lusheng.
20 16 years 1 1 month 9
Staff Zhang Xin
Article 4 of the Labor Dispute Mediation and Arbitration Law of Zhongheng Construction Group Co., Ltd. stipulates that in the event of a labor dispute, the laborer may negotiate with the employer, or request the trade union or a third party to reach a settlement agreement with the employer.
Article 5 of the Labor Dispute Mediation and Arbitration Law stipulates that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to a mediation organization for mediation; Unwilling to mediate, failing to mediate or failing to perform after reaching a mediation agreement, you may apply to the Labor Dispute Arbitration Committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court unless otherwise stipulated in this Law.
If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary.
In this case, it is suggested to apply for arbitration directly to the arbitration commission where the company is located, and ask the company to pay unpaid wages and economic compensation arising from the failure to sign a labor contract.
How many legal disputes have occurred in Shandong Fangming Construction Group Co., Ltd. in recent two years? Hello, the number of legal disputes I have found for you in the past two years is 25, and this data is still being updated, so you need to make progress yourself in the future. As for the specific channels, I inquired through the architectural design link, which is very convenient and the information is updated quickly; In addition, you can also go to the relevant information release channels and the executive courts at all levels to inquire.
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It should be good
You ask their company.
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Zhongtian Construction Group Co., Ltd. The fourth construction company Zhongtian Construction Group Co., Ltd. The fourth construction company (hereinafter referred to as "Zhongtian Fourth Construction") has Tianjin branch and Inner Mongolia branch, which is one of the regional companies with great vitality and development potential.
Since 1999 settled in Beijing, Zhongtian Construction Group Co., Ltd. has mainly undertaken projects such as the dormitory building of Beijing Academy of Military Sciences, the dormitory building of National Defense University, the science and technology building of the Second Nuclear Hospital, the scientific research and design complex building of the General Armament Department, Jinqiao International Apartment, Beijing Jinzhan Telephone Office Building, Greentown Lily Apartment, Oriental Sun City, Botaijinka, Lv Yun Plaza, Sun Palace New District, New World Business Building, Baihuan Home, and Oriental Huafu North Middle School. The professional, sincere and young team of Zhongtian No.4 Construction Company earnestly implements the management policy of "every construction must be excellent and carefully managed", takes customer satisfaction and exceeds customer expectations as the goal, actively carries out excellence activities, and wins by excellence.
Zhongtian Sijian Company has made gratifying achievements in just a few years. It has been rated as "excellent construction enterprise from other places in Beijing", "civilized unit in the capital" and "Top Ten Excellent Enterprises in Zhejiang Province" in successive years.
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At present, Zhongtian No.4 projects under construction, such as Beijing International Center, Peking University Dental Clinic Building, Wangjing New Town International Business Center, Oriental Beauty Home, North Inner Staff Residence, Cooper Home and He Shili Complex Building, are concentrated in CBD business district and large communities.
In recent years, while consolidating the Beijing market, we have vigorously explored Inner Mongolia and Tianjin, with a strong business development momentum. It has undertaken a number of influential projects in the local area, such as the Science and Technology Building of Inner Mongolia University of Technology, the Trial Building of Hohhot Intermediate People's Court, Tianjin Modern Zhuang Ji Commercial Center, Tianjin Cihang Commercial Plaza and Tianjin Zhonghao Century Garden.
"The road is long, Xiu Yuan, Xiu Yuan, and I will go up and down." . All employees of Zhongtian Sijian will continue to adhere to the core concept of "honesty, pragmatism, innovation and re-innovation", further implement the business policy of "excellent and meticulous management for every construction", and unremittingly pursue perfect scientific management and high-quality supporting services to repay the society with better results.
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