Wang is A decoration company employees, the company recruit when he came in, the post office is the engineering supervision. June 2012, Wang has repeatedly been in contact with B Company personnel, and people with B's to A's place of business visit. After the visit, Wang and B using the company name of the company reached a deal, agreed to deliver the shipment to A Company B Company. B The company will send the goods freight unit to A after the company, after the B part of the purchase price paid by a company, the rest have been slow to pay the purchase price. In desperation, B Company A company sued to court to ask for money.
Seemingly a simple payment dispute, but the case in the trial process, there have been several problems:
First, the evidence shows, B company delivered goods worth a total of 433,342.80 yuan. The goods shipped shortly, A company will Wang to violate the corporate governance system be dismissed on the grounds.
Second, B company although submitted invoices and other evidence, but the evidence is produced unilaterally B documents, which means there is no sign to confirm A company stamp and the corresponding personnel.
Due to the above two problems, A Company B submitted that the evidence does not prove the existence of real trading relationship between the parties, the court hearing, they also can not ascertain the real situation of the facts based on the evidence submitted by both parties, then the plaintiff submitted by B The evidence does not prove the facts and reasons as the basis of its claim, according to the judgment B Company lost.
Analysis of the above case, B Company sent a very clear, but the fact that the goods, but why obviously made how goods to any money out? It is deceived, or court decision it unfair? In fact, everything is rooted in B company noted that there is no barrier to a good deal from the beginning. First of all, B company Wang credulity, not to implement the real identity of the Wang A good company, so shipping, no end of trouble ah. Secondly, B Company in the process of delivery of the invoice is not A seal of the company or a related person to confirm the signing of documents. In law, the unilateral evidence can not confirm how the real situation between the two sides, the other party once does not recognize the court will not be adopted.
