Plaintiff: Wuxi Tongge Trading Co., Ltd., domiciled at No. 86 Jianghai West Road, Beitang District, Wuxi City.
Legal representative: Shao Qun, executive director.
Attorney ad litem: Wang Jianzhong, lawyer of Jiangsu Hengmao Law Firm.
Defendant: Yangzhou Fulkan Machinery Manufacturing Co., Ltd., domiciled at No. 8, Huagang Road, Hanjiang Industrial Park, Yangzhou City 1.
Legal representative: Zhu Qi'an.
The plaintiff Wuxi Tongge Trading Co., Ltd. and the defendant Yangzhou Vulkan Machinery Manufacturing Co., Ltd. filed a case concerning the dispute over the purchase and sale contract payment for goods. After the case was filed on June 21, 2017, the court opened a public hearing by applying the simplified procedure according to law. The plaintiff entrusted attorney ad litem Wang Jianzhong to appear in court to participate in the lawsuit, but the defendant did not appear in court without justifiable reason after being legally summoned. The case has now been concluded.
Wuxi Tongge Trading Co., Ltd. filed a lawsuit with this court: the defendant immediately paid the 19,500 yuan owed for the goods. Facts and reasons: The plaintiff and the defendant have a long-term sales contract relationship. After reconciliation, the defendant confirmed that it owed the plaintiff a payment of 19,500 yuan as of May 31, 2017.
Yangzhou Vulkan Machinery Manufacturing Co., Ltd. did not respond.
The plaintiff submitted evidence such as the letter of confirmation of current funds, the value-added tax invoice, and the lawyer's letter in accordance with the law. The content is true and the form is legal, which can be used as the basis for determining the facts claimed by the plaintiff. This court confirms it and corroborates it on file. Accordingly, this court finds the following facts:
The plaintiff issued an inquiry letter to the defendant, Yangzhou Vulkan Machinery Manufacturing Co., Ltd., claiming that the defendant owed RMB 19,500 as of May 31, 2017. The defendant noted in the "Amount Proof is Correct" column of the letter: "In March 2017, the invoice was 27,900 yuan, 8,400 yuan was paid, and the balance was 19,500 yuan", and the special financial seal was affixed.
This court believes that the oral sales contract between the plaintiff and the defendant is the true expression of the parties' will, which is legal and valid. The plaintiff fulfilled its obligation to supply goods, but the confirmation letter for current payment confirmed that the defendant did not pay the full payment for the goods. If there is no written contract between the plaintiff and the defendant to stipulate the payment time, the defendant shall pay the payment at the same time as the goods are received. Therefore, the plaintiff's request for the defendant to pay the payment immediately has factual and legal basis and should be supported. If the defendant fails to appear in court without justifiable reasons after being legally summoned by this court, it is a waiver of his right to present evidence and cross-examine, and should bear the adverse legal consequences on his own. To sum up, in accordance with the provisions of Articles 159 and 161 of the "Contract Law of the People's Republic of China" and Article 144 of the "Civil Procedure Law of the People's Republic of China", the judgment is as follows:
The defendant, Yangzhou Fulkan Machinery Manufacturing Co., Ltd., paid the plaintiff Wuxi Tongge Trading Co., Ltd. a payment of 19,500 yuan within ten days after the judgment took effect.
If the obligation to pay money is not fulfilled within the period specified in this judgment, the debt interest during the period of delayed performance shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of the People's Republic of China.
The case acceptance fee is halved and charged at 144 yuan according to law, which is borne by the defendant.
If you are not satisfied with this judgment, you may submit an appeal petition to this court within 15 days from the date of service of the judgment, and submit a copy of the appeal to the Intermediate People's Court of Yangzhou City, Jiangsu Province.