民事判决书范本中英文对照

uthorized by the appellant Feida Co, Jin Longhua, representative of the appellee Liquidating Group and attorney agent Wang Wenjun, authorized by KOMARA Co., participated the court session and made their arguments. This case is decided now.

　　The first instance court identified facts by trial as follows： ⑴ On July 5, 1999, the business license of Jiangnan Company was revoked by Administration for Industry and Commerce of Hunchun City without participating in the annual examination and the company was informed that the credit and debt should be settled by itself. On June 1, 2001, Economic Development Bureau of Border Economic Cooperation Zone of Hunchun City issued the （2001） H.J.F. No. 53 document that determined Jiangnan Company to form a liquidating group and define members of the group and their duties. Public Order Division of Public Security Bureau of Hunchun City issued a confirming documentation certifying that： the official seal of the Liquidating Group had been put on file according to law. Jiang Nanchun, former legal representative of Jiangnan Company, submitted a written document explaining that： 1. Jiangnan Company, proposed by him, consented to form the Liquidating Group and appointed Song Mingnan as leader of the group, Jin Longhua as deputy leader, Lu Xiangji, Li Shunzi and Jin Changhao as members of the group； 2. He agreed that Jin Longhua should be responsible for the liquidation work and all related legal affairs. Therefore, the Liquidating Group that was formed in accordance with the legal procedure and shall be responsible for settlement of the credit and debt of Jiangnan Company has the qualification of subject of action. ⑵ Parties B Jiangnan Company and KOMARA Co. singed the fully automatic glove machine purchases and sales contract with Party A Feida Co. on May 6, 1998. The contract stipulated that： Party A shall order 680 sets of Songguo or Daojin brand F7-F10 type fully automatic glove machines made in Japan from Parties B （for the detailed plan of supply, refer to the fax from South Korea）； the time of delivery was from May 8, 1998 to January 8, 1999； RMB￥17000 per set F.O.R. Tumen Railway Station； place of delivery： Tumen Railway Station； full payment on delivery after arrival of the machines at Tumen Railway Station； the railway freight shall be borne by Party A； in case either party breaches the contract, the party breaching the contract shall compensate the other party with 20% of the total price of the part of the contract that is not performed as fine for breach of contract. The contract was sealed by Party A and signed by Zong Guangpei, legal representative of Party A, Jin Longhua, agent of Party B Jiangnan Company, sealed by KOMARA Co. and signed by Jiang Dajian, representative of KOMARA Co. After the contract was signed, the plaintiff delivered fully automatic glove machines and parts worth RMB￥793, 573 to the defendant. Feida Co. paid RMB￥471, 266 to the plaintiff for the glove machines and owes the plaintiff RMB￥322, 307. The special import duty pay-in warrant of Hunchun Customs and the agent import certificate of Hunchun Border Trade Company can certify that： Hunchun Border Trade Company which acted as an agent of Jiangnan Company imported 57 sets of glove knitting machines from South Korea on August 10, 1998 and Jiangnan Company paid Hunchun Border Trade Company RMB￥7700 for agency commission, certification, commodity inspection, port management and others. During performance of the contract, the correspondence between Zong Guangpei, legal representative of Feida Co. and Jin Longhua, authorized agent of Jiangnan Company, can certify that both parties have actually fulfilled the purchase and sales contract. Therefore, the fully automatic glove machines purchase and sales contract signed by and between the two plaintiffs and the defendant is the declaration of will of both parties and is a valid contract. In addition, to fulfill the contract, Jiangnan Company paid Feida Co. RMB￥4, 841.32 of freight in advance for the shipment of the glove machine. ⑶ Party A Feida Co. and Party B Jiangnan Company signed a reconciliation agreement on December 18, 1998. The agreement stated that： the contract on Party A's purchase of the complete-set footwear machine used by Party B's joint venture from Party B was signed by and between both Party A and Party B on July 24, 1997 and the contract on purchase of the fully automatic glove machines imported from South Korea that were operated by the joint venture between Party B and KOMARA Co., Pusan, South Korea, was signed by and between both parties on May 6,1998. During execution of the two contracts, the contracts couldn't be performed for reasons. Both parties had a dispute about relevant issues. Then Party B filed a suit in Intermediate Peoples Court of Korean Autonomous Prefecture of Yanbian, Jilin Province. Now both parties came to a reconciliation agreement through friendly negotiation between legal representatives of both parties as follows： 1. The total price of the footwear machines is calculated as RMB￥935,000, and Party A shall pay Party B RMB￥180,000 in lump sum for the footwear machines in addition to the money paid to Party B and the money paid by Party A in advance during sales； 2. The total price of the glove machines, seaming machines and fittings is calculated as RMB￥845, 308, and Party A shall pay Party B RMB￥80, 000 （eighty thousand yuan only） in lump sum in addition to RMB￥765, 308 paid by Party A for the glove machines, seaming machines and fittings； 3. Party A shall pay Party B RMB￥260, 000 （two hundred and sixty thousand yuan only） in lump sum of the above two items； 4. Party B shall immediately go through the formalities of withdrawing the action and unblocking the assets after the agreement is signed and at the same time, fax the non-pros award of Intermediate Peoples Court of Korean Autonomous Prefecture of Yanbian to Peoples Court of Zhuji City and send the original via EMS to Party A； 5. The agreement shall come into force after it is signed by legal representatives of both parties. Neither party shall make an objection against the other party for any reason or in any excuse. Neither party shall affix the responsibility of the other party； 6. After the agreement is signed, Party A shall pay Party B RMB￥260, 000 （two hundred and sixty thousand yuan only） in lump sum by the non-pros award of Intermediate Peoples Court of Korean Autonomous Prefecture of Yanbian. The agreement was signed by Zong Guangpei, legal representative of Feida Co., with the official seal of the company affixed to it, and signed by Jiang Nanchun, legal representative of Jiangnan Company, with the official seal of the company affixed to it. On December 22, 1998, Jiang Nanchun gave Feida Co a receipt that “ we received RMB￥245, 000 from Feida Co. for the footwear machines and glove machines. So far, all the money for the two kinds of machines has been received in full. The contract shall be terminated now, with the account settled.” Jiang Nanchun added his signature and affixed the official seal of Jiangnan Company to the receipt. KOMARA Co., the other party of the former glove machine purchases and sales contract, didn't participate in, know, consent to, or authorize the formation of the above agreement and receipt. The reconciliation agreement and receipt were reached by and between Jiangnan Company and Feida Co. without authorization, damaging the interest of KOMARA Co., the other party of the purchases and sales contract, so it was a unilateral act and the agreement was invalid. Jiangnan Company shall return RMB￥245, 000 received according to the invalid agreement to Feida Co. As both Jiangnan Company and Feida Co. had faults in reaching the reconciliation agreement, both parties shall take their respective responsibility for the losses arising from it. ⑷ That KOMARA Co. didn't deliver 40 sets of the glove machines was the individual act of KOMARA Co., which didn't have a direct relation with Feida Co., or was not stipulated in the fully automatic glove machine purchases and sales contract. Feida Co. didn't know KOMARA Co.'s management of the glove machine and other related situations and KOMARA Co. didn't have enough evidence of the cause of the loss of RMB￥627, 250, so the claim of KOMARA Co. couldn't be supported.

　　The first instance court concluded that： the fully automatic glove machines purchase and sales contract singed by and between the two plaintiffs and defendant was valid and the defendant shall pay the money owed for purchase the goods and take the liability for breach of contract. The two plaintiffs' claim that the defendant shall pay RMB￥322, 307, RMB￥64, 461 of fine for breach of contract and RMB￥4, 841.32 of freight is supported by the Court； the plaintiff KOMARA Co.'s claim for compensation of damages of RMB￥627, 250 on the defendant has no factual evidence, and cannot be supported by the Court. The claim made by the defendant that the plaintiffs' claim should be rejected, as they have no qualification of subject of action, and the, money for purchase of the glove machines and footwear machines had been settled in the reconciliation agreement reached by and between both parties on December 18, 1998, is untenable, and cannot be supported by the Court. In accordance with the stipulation of Article 6, Article 29 Section 3, Articles 31 and 32 of the Economic Contract Law of the People's Republic of China and the stipulation of Article 106 and Article 61 Section 1 of General Principles of the Civil Law of the Peoples Republic of China, it ordered as follows： 1. Feida Co. shall pay the Liquidating Group and KOMARA Co. RMB￥322, 307 for the fully automatic glove machines and fittings, RMB￥4, 841.32 of freight and RMB￥64, 461 of fine for breach of the contract, totaling RMB￥391, 609.32 within ten days from the date of effectiveness of the judgment； 2. The Liquidating Group shall return RMB￥245, 000 to Feida Co. wit

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