Case 10 – Luzhou Interval-trial dispute on wine pa...
Judge: About the case of MeifengZhang suing Zhao Fei of owing debt to her.After the trial, the fact of the case has been clarified.Now inquiring about the plaintiff and the defendant’s opinions.Are you willing to enter mediation in the host of the court?
Plaintiff: Yes, I am willing to mediate.
Defendant: I agree to mediate too.
J: Since you both parties agree to mediate.This court hopes that you, based on the principle of mutual forgive and mutual tolerance, bring out your sincerity to negotiate to resolve the issue.Thus, there won’t be too much waste of time, but the economic loss will be reduced as well.At the same time, your feelings won’t be hurt.MeifengZhang, the plaintiff, say something about your request first.
P: Two months before the Spring Festival of the year before last.Zhao Fei came multiple times to my winery, requesting me to sell him a truck load of wine.As everybody knows, during Spring Festival, it was the golden time for our business people to do business.The demand for the wine in my factory is more than the provision.Many people even brought cash to buy wine, and I did not sell because the wine is in too much need.Zhao Fei and I have been friends for almost 10 years, and we had never had fight over buying and selling.Each time, he paid to my account in time, and I had trust for him.Therefore, under his repeated request, I asked the workers to overwork to pack the wine worthy of 250,000 yuan.He paid me 100,000 yuan,and the rest 150,000 yuan, he wrote a note of owing,promising to pay off the owing debt by April 2005, but when it was time for payment, there is not even a bubble/word from him.Every time, when I sent someone to pursue the debt from him, he would find excuses to pass.I went to find him myself, he always asks me to give him more days.I waited and waited, until now, I have not received a penny from him.Later, I tried to make an appointment with him several times, he dared not to see me.Later, if he heard it was me on the phone, he would just hang up the phone.When I went a long way to his home, despite that people living in the neighborhood told me that he was home, however hard you tried to call his name, he would not answer, let alone seeing himself or hearing a good explanation.I am afraid that after the suing period expires, this business will fail.I have no other option, I have to bring this suit to the court.
J: The story has already been told during the trial, and you don’t need to repeat it.Now it is mainly to listen to your opinions in this mediation.
P: Ok.Extra words, I won’t say any.Simply speaking, I would like the court to supervise WeiZhao to repay my 150,000 wine money within 50 days and interest concerned, and the transportation fee I paid when pursuing for the debt,loss due to missing work, and the suing fee from the court.
J: WeiZhao, the defendant, what MeifengZhang said about her
opinions just now, have you heard clearly?
D: I heard it clearly.
J: Particularly on the plaintiff’s request, say something about your opinions.
D: MeifengZhang and I have done business for a relatively long time.Our relationship has always been good.(She) often support me on the business.I have always been calling her Sister Zhang.She also has a virtue—(she) likes to help single old people, donate to build bridges and roads and such good deeds.(She) is highly respected in the business world.
P: (You) don’t need to sing high praise for me.
D: In recent 10 years, almost every year, I bought wine from her factory and never fight (with each other).On the issue of money, from several hundred to a thousand, we both weren’t too calculating.This time, the wine money I owed to sister Zhang, it is not that I don’t repay her back.I have told sister already, that the wine I bought in was sent to PingDing Mountain of HeNan province.Originally, could earn some money.Who knows after the wine was sent out,it is like hitting the dog with meat buns – nothing returns.Up till now, I have not received a penny.I ran to HeNan five times, spending almost ten thousand yuan going there and coming back.Nobody was found.I have already reported to the governmental sections concerned of HeNan,but there has been no result so far.Sister has tried to find me several times.I have no money to return to you and felt shamed to see you, so I hid myself.This is my fault as your brother.Even if I did not have money to return to you for the time being, I should have still told you clearly.As business men say, “paying money when having money,giving words when having no money.”I didn’t even give you a good sentence.Of course, sister should be angry.sister went to the court to bring lawsuit against me, I don’t blame sister.I admit my debt to sister, and I will repay it sooner or later.It is just that I don’t have money now.(If you)don’t believe me, you may go to find out.
J: MeifengZhang, you step outside to take a rest.I will talk to WeiZhao.
P: Ok (stepping out of the court)
J: Don’t walk too far.Just hang around in the hall, so it would be convenient to call you in.
P: OK.
J: WeiZhao, from your many years’ relationship with MeifengZhang, MeifengZhang sold wine to you for a lower price than other people for a long term, supporting you and helping you.You should thank her and repay her.This is to look at the problem from the angle of individual feelings.Second, from the angle of the law, paying the debt is reasonable, you should just return the money to the other person.Besides, the several requests made by MeifengZhang in her indictment are reasonable.If today the mediation fails, the court will, for sure, according to the legislature, make you repay the debt money and fees concerned.If you don’t execute the court decision when it expires, the court will force you to execute it.If it is the case, you will have more financial loss.More seriously,your credit in the business world will be influence, and you will have a hard time doing business.Have you thought about these? If you can find a way repay MeifengZhang’s wine money within a short term, earning her sympathy and forgive, with our persuasion to the other party, it is possible that the other party may see that you are in a difficult situation, and thus gives in on interest and other fees.Thus, your feelings won’t be hurt, and you can still cooperate with each other.Friends will still be friends,and it will help hugely with your business in the future.I have said this much, and you think carefully, about how to repay the debt in a short term.Otherwise, I will have to judge according to the law.
Z: Judge, do you mean that if the court makes decision, apart from the wine money, I still need to pay interest and other fees concerned.If I repay the 150,000 yuan’s wine money in a short term.Interest and other fees can be reduced?
Z: Yes, the 150,000 yuan wine money should be repaid.Of course if she waivers you, I won’t object.As for interest and other fees concerned, you can negotiate about it.Will the other party compromise? How much does she compromises? (You) need to inquire about the other party’s opinions.The presupposition is you repay the wine money, then we can conduct other persuasion work.
(WeiZhao pondered on it for a while)(https://www.daowen.com)
Z: I really do not have money now, but I have an apartment on BinJiang Road.It is on the third floor.I bought it with 200,000 yuan and remodeled it with 100,000 yuan.The area is 165 square (meters).The apartment on BingJiang Road is the best area in Luzhou.Selling it for 300,000 should be of no problem.Can I use it to pay off Sister’s wine money? Extra money, she returns to me.Is that ok?
J: Your apartment is on BingJiang Road.The location is good,the floor is good, so it should sell well.You try to sell your apartment in a short term, and pay off the wine money.If you sell the apartment yourself.
Z: Ok.I remember that somebody came to ask about the apartment just several days ago.The apartment on BingJiang Road worths 2000 yuan a square meter.I can sell the un-modeled apartment for 300,000 yuan or so.I can receive tens of thousand yuan for the remodeling.The least would be 350,000 yuan.After repaying Sister 150,000 yuan, I can still buy an apartment at other cheaper areas.Judge, you, later, don’t tell sister Zhang about my selling the house.I try to make her compromise on the interest and other fees, the rest of the money, I can use to do some small business temporarily.Wait until I receive the money from HeNan, then I can do bigger business.
J: When so you mean to sell the apartment and pay off the debt?
Z: I estimate that it won’t take long, one or two months at most.
J: I will give you more plentiful time, leaving you more room.How about paying off the debt within one hundred days?
Z: That will be better, you always consider more completely.OK, 100 days, it is to pay off the wine money.If I sell the apartment earlier, I will repay the money earlier.If I cannot sell the apartment in time, no matter what, I will I will repay the wine money to sister Zhang in the required time, so that this case won’t linger too long, which is not good to everybody.To be frank, I would regret for you judge.Besides, please do some persuasion work for me.The interest and other money, please waiver (for me) as much as possible, (let me pay) as little as possible.
J: I can do some persuasion work for you, but cannot guarantee.Agreeing or not, mainly depends on the other party.I suggest, the issue of the fee spent on suing, you volunteer to pay for it.The other party see that your sincerity, may compromise on other fees.I clearly tell you,if the court judges, according to the law, the fee spent on suing should be paid by the losing party.No matter what, you have to pay for it.Your volunteering to pay for the fee spent on suing, not only makes you look good, but also doing a fake favor.
Z: Ok then.
J: Now you step out to kill the time a bit, and call in MeifengZhang.
(Zhao left and Zhang came in)
J: MeifengZhang, I talked with WeiZhao for all this time.Some of his thoughts, now I pass to you.WeiZhao said that he thinks highly of you, you are a good friend, righteous,sympathizes with the weak, like to help people, and he thanks you for your long-term support.This time, he did not return your wine money on time, because he indeed did not receive the money from HeNan.He hopes you could forgive him this time.After this issue is resolved, he still wants to do business with you.I tried to persuade him with reason and moved him with emotions.At last, he agrees,in a not very long time, to go all out to, even if he had to sell his apartment, to repay the wine money.However, he proposed that you compromise on the interests and fees concerned.These his opinions.I think WeiZhao has already gone so far to (be willing to) sell his apartment to repay the debt.This proves that he is a responsible person, a reasonable person and a person worth getting along.After selling the house, he will face the difficulty of having no place to live, therefore, I he hopes you could let him get away with the interest and the fees concerned.Of course,as for this lawsuit, from the materials enclosed in your indictment, you definitely will win.If the court judges and close the case, the other party has the right to appeal.(We) don’t know when the next court will close the case.This will take some time.Payment after the judge will also take some time.After the legal document comes to effect, if the other party does not carry out the decision,execution will also take some time.Besides, execution also is somewhat difficult.You should consider about these factors.WeiZhang agrees to pay off the debt in a short term, and request you to compromise on the interest and other fees.Do you agree? If you agree, I will call him in and let you negotiate face to face.If you do not agree,the court will judge.Mediation and judge, the pros and cons, I have talked about.In the end, which way you choose, you decide for yourself.
Z: WeiZhao repays the wine money first.Other problems are easy to solve.Ask him to come in to negotiate with me to resolve (the conflict).
J: WeiZhao, you come in.
(Zhao came into the court)
J: After the court did persuasion work “back on back,”On the issue of WeiZhao paying off 150,000 yuan wine money in a short term, the plaintiff and the defendant have already reached an agreement.Other problems concerned, you discuss by yourselves.Please take notes, ShuJiYuan.
W: Sister Zhang, I delayed to pay off your wine money, I am sorry.Please forgive me.To be honest, you came to the court to sue me.At the beginning, I was a bit angry.Through the judge talking to me, I realize it is my fault.Now I don’t blame you at all.As for my owing your wine money, I made up my mind, within 100 days, even if I had to smash my wok and sell the iron, I would repay you.The fee on suing of this lawsuit, I will pay.I will keep my word.From my current state, now, I am financially beat.Please,on the interest and fees concerned, raise your gracious hands high and waiver them.Your kind helping heart to me,I would remember for my whole life.
Z: You are resolute and I will be resolute too.Seeing your current state, my heart is softened.Just (treat it) as doing a good deed, a kind deed.As long as you repay me 150,000 yuan within 100 days, other fees can be waivered.
W: Thank you, sister Zhang.I will definitely repay you the wine money and the fee on suing.If I do not repay it in time, you can punish me as you wish.
J: After mediation, the plaintiff and the defendant reach an agreement voluntarily:Counting from today, WeiZhao, the defendant repay,MeifengZhang, the plaintiff, 150, 000 yuan within 100 days.If does not repay in the period of time, he will pay the interest of penalty concerned.WeiZhao, the defendant, pays for the fee on suing and trial, 3500 yuan.This fee will be paid together with the 150,000 yuan wine money to the plaintiff.No dispute in other things.
J: I hereby, declare the close of the court.The plaintiff and the defendant confirm the notes and sign.