民事判决书范本中英文对照

hin ten days from the date of effectiveness of the judgment. The total court acceptance fee is RMB￥20, 666, in which RMB￥8, 384 shall be borne by the defendant and RMB￥11, 282 by the plaintiff KOMARA Co……

　　In the appeal, Fei Da Company claims that：

　　1. In the first instance, all the while the reckoning group has never submitted/provided the legally established evidence. Yet the documents by the so-called Economy Development Bureau of Hui Cun Border Economy Corporation District are not legally valid, either. Therefore, it is a major mistake of the lawsuit that the reckoning group has acted as being the main body of the plaintiff；

　　2. The all-automatic glove machine purchase-sale contract, which was signed by the Farming Production Society and Fei Da Company on May 6, 1998, should be invalid. The reasons are that： （1） the contract should be invalid according to the 2nd item, Rule No. 3 in “Solutions Applicable to Some Issues in ‘Contract Law for the Economy Related to the Foreign Trade' ”by the People's Supreme Court, which stipulates that “The contracts made by the parties of our country, who have no rights for the foreign trade business ratified and issued by the state branch in charge, are invalid”. Because Fei Da Company has no right for the foreign trade business, so the very contract is invalid. （2）According to the Rule No.9 in “Law for the Foreign Trade, People's Republic of China》, the appellant, Fei Da Company, has had no the approval license from the foreign economy-trade department of the State Council, what is more, has had no definite or specific foreign trade business scope, hence, the contract signed by the two sides should be invalid because of having violated the compulsive rules of the state law. （3） According to Rule No. 10 in the Section I ”Solutions Applicable to Some Issues in ’Contract Law, People's Republic of China' “： ”The parties make the contract beyond the business scope, the people's court does not maintain the contract be invalid due to this. But the exceptions are these that violates the limited business by the state, the concessionary business, the business banned by the law, the administrative codes.“ The foreign trade business belongs to the business ratified by the State. Thus, the contract signed by the appellant and the Farming Production Society should be invalid.

　　3. The all-automatic glove machine purchase-sale contract signed by Jiang Nan Company and Fei Da Company on May 6, 1998, should be valid. The Farming Production Society should be excluded from the parties of this contract. The law should protect the terms of this contract.

　　4. The actual buying relationship of this case is that： Jiang Nan Company had bought the glove machine, then, sold it to Fei Da Company. Therefore, the court in charge of the first instance was wrong in identifying the facts.

　　5. The compromise agreement signed by Fei Da Company and Jiang Nan Company is legal and valid. Fei Da Company has carried out all the payment about this contract. So the responsibility for the payment should be dismissed.

　　6. The legal proceedings in the first instance have violated the law. During the first instance, the two appellees just postponed to pay the legal fare. The postponed date closed before November 12, 2002. However, so far the two appellees have not paid the legal fare yet. It has been illegal that the court in charge of the first instance had made a sentence under the condition that the court did not received the legal fare.

　　7. The first instance did not make it clear that the relationships of the specific rights and duties between the Reckoning Group and the Farming Production Society.

　　8. The first instance did not clearly identify the disputed amount of this case.

　　The Reckoning Group claims that：

　　1. The board of directors decided the foundation of the Reckoning Group after the study and discussion, which had officially declared to the departments concerned through the legal procedures, the foundation of which was ratified by the Foreign Fairs Office of Hui Cun Industrial and Commercial Administrative Management Bureau, by the Economy Development Bureau of Hui Cun Borders Economy Corporation District, by the Peace Section of Hui Cun Public Security Bureau, the purpose of which is to clear and settle accounts of the creditor's rights and the debt.

　　2. According to the 4th item, the 5th, the 6th and the 7th item in the all-automatic glove machine purchase-sale contract signed by the three parties on May 6, 1998, it is unnecessary for Fei Da Company to have the imports-exports business license ratified by the Foreign Economy andTrade Ministry. Hence, the contract signed by the three parties on May 6, 1998, is just an ordinary domestic purchase-sale contract, not an imports-exports purchase-sale contract, which should be considered valid.

　　3. The compromise agreement, which was signed by the legal representative Jiang NanCun of Jiang Nan Company and Fei Da Company on December 18, 1998, belongs to an invalid one.

　　4. The Farming Production Society claims that： the facts identified in the first instance are clear and the law applied is proper, requesting the court should turn down the appeal and maintain the judgment in the first instance.

　　Summarizing the appellant's appeal and the appellee's reply, also soliciting the opinions from the various parties, the focus of the case is that：

　　1. Whether does the Reckoning Group have qualifications for being the main body of the lawsuit of this case or not？

　　2. Whether is it valid or not that the all-automatic glove machine purchase-sale contract was signed by the three parties on May 6, 1998？

　　3. Whether is it valid or not that the compromise agreement was signed by Jiang Nan Company and Fei Da Company on December 18, 1998？

　　4. Whether is there anything illegal in the legal proceedings for the court in charge of the first instance？

　　In the second trial, the evidence provided by the various parties is the same as that in the first instance, there is no new evidence given by each of them. Therefore, in the second trial, what our court has found out is the same as what the former court found out in the first instance. Regarding the above-mentioned focal issues, what our court has generally analyzed is as follows：

　　（I） Whether does the Reckoning Group have the qualifications for being the main body of the lawsuit of this case or not？

　　The appellee, the Reckoning Group, thinks that, its foundation is legal, so it has the qualifications for being the main body of the lawsuit of this case. Furthermore, it has provided the document No. 53 Hui Jing Fa Zi [2001] “the Approved Reply Paper about the Foundation of the Reckoning Group by Hui Cun Jiang Nan Industry Ltd”, which proves that the foundation of the Reckoning Group has been approved by the state foreign trade branch in charge.

　　The appellant, Fei Da Company, has no objection to the authenticity of the document No.53 Hui Jing Fa [2001], which has been provided by the Reckoning Group. However, Fei Da Company thinks that Hui Nan Company is the privately owned business, the Reckoning Group should have been established by the Board of Directors. Fei Da Company has also provided the document No.125 Hui Jing Fa [1993] by the Economy Development Bureau of Hui Cun Border Economy Cooperation District, which is about “The Ratified Reply Paper to the Application for Establishing Hui Cun Jiang Nan Industry Ltd in the Border Economy Cooperation District by Jiang Nan Industry Ltd and the Fibre Society （which is the only one in South Korea）”； Fei Day Company has also provided the list of the board of directors, which proves that Jiang Nan Company is the privately owned business. Thus, the Reckoning Group doesn't have the qualifications for being the main body of the lawsuit of this case, which should have been acted as by the member of the board of directors.

　　In questioning the evidence, the appellee, the Reckoning Group, claims that： they have no objection to the authenticity about the document No.125 Hui Jing Fa [1993] and the list of the board of directors. But Jiang Nan Company is a joint venture between China and the foreign country. It is not the privately owned business, which has been claimed by the appellant. The Economy Development Bureau of Hui Jiang Border Economy Cooperation District has the right to set up a reckoning group.

　　Our court thinks that： Jiang Nan Company is the joint venture that has been set up by China Hui Cun Jiang Nan Industry Ltd. and the Fibre Society （which is the only one in South Korea）. According to the document No.125 Hui Jing Fa [1993] provided by the appellant and according to the business legal representative's license of Jiang Nan Company provided in the first instance by the appellee, the Reckoning Group, this does sufficiently prove that Jiang Nan Company is a joint venture, not a privately owned business which has been claimed by the appellant, Fei Da Company. According to Rule No. 3 in “Business Law for the Domestic and Abroad Joint Venture, People's Republic of China》, Rule No.2, the 2nd item of Rule No. 3 in”Methods for Reckoning in Joint Venture Business》, the Economy Development Bureau of Hui Cun Border Economy Cooperation District, as being the state economy-trade branch in charge of the foreign trade business, has the right to decide setting up a reckoning group in the joint venture, Jiang Nan Company. In summary, the foundation of the Reckoning Group is legal and it has the qualifications for being the main body of the lawsuit of this case. Therefore, it is untenable that the appellant, Fei Da Company, has claimed that the Reckoning Group has no qualifications for being the main body of the lawsuit of the ca

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