国开网100万⁺专项题库

正误判断题

To: Guangzhou People's Court

Plaintiff: Handcup Marketing

Domicile: No. 33, 4th Road, New York

Legal Representative: Qingguo Su

Position: Manager of Handcup Marketing

Defendant: South China Corporation

Domicile: No. 21 South Binjiang Road, Guangzhou

Legal Representative: Bai Mei

Position: Manager of the South China Corporation

CLAIMS:

　　1. To order the Defendant to pay to the Plaintiff 18,000,000 RMB, including 15,000,000 RMB for the dispatched products and 3,000,000 RMB for the interest.

　　2. To order the Defendant to pay for the court fees.

FACTS AND REASONS：

　　The defendant is the plaintiff's distributor in Southern China. From September 2010 to October 2011, the plaintiff issued all kinds of products worth 15,000,000 RMB to the defendant.（see Exhibit I）

　　Each of the said transactions was signed and received by the defendant (see Exhibit II). Although the plaintiff had repeatedly requested, the defendant failed to pay the debt on time.

　　The indebtedness arising out of the transactions between the plaintiff and the defendant shall be under the legal power of Chinese laws. The defendant refused to accept mediation. The plaintiff is now facing huge economic losses (see Exhibit III). Therefore, in accordance with relevant Chinese laws and regulations, the defendant should bear corresponding civil responsibility.

　　According to Articles 106 and 112 in the PRC General Civil Law, Article 108 in the PRC Civil Procedural Law and other related laws and regulations, the plaintiff hereby files this case with the court for your adjudication.

　　Plaintiff：Handcup Marketing

　　Date：May 14th, 2012

ATTACHMENTS：

　　1. One copy of the plaintiff's business license；

　　2. One copy of the original Certificate of the Legal Representative；

　　3. One copy of the original Power of Attorney；

　　4. Exhibit I: Invoices for each transaction；

　　5. Exhibit II: Receipts for each transaction；

　　6. Exhibit III: List of losses.

Handcup Marketing is suing South China Corporation of not paying for the transactions. 1

2. Qingguo Su is a lawyer. 2

3. The plaintiff has got well prepared before filing the lawsuit. 3

4. The plaintiff didn't know which laws and regulations should be applied in this case. 4

5. The defendant owed the plaintiff RMB 15,000,000 for the dispatched products. 5