The construction unit should bear civil liability for the acts of the actual constructor.
1, Jianzhu lane, Tangyang Town, XX City, Jiangsu Province.
Legal representative: Lu x, general manager of the company.
Entrusted agent: Wang x, lawyer of Jiangsu XXXX law firm.
The evidence provided by Xinggang company can only prove that Wang Ronggui is the project leader and does not have the authority to purchase building materials on behalf of Ferris company, and the evidence is obtained after signing the contract.
Therefore, Ferris company should know that the seal was used externally during the project undertaken by Wang Ronggui, but did not object.
Legal representative: Chen XX, chairman of the company.
2.
According to Article 66 of the general principles of the civil law of the people’s Republic of China, “if I know that others have committed civil acts in my name and do not deny it, it shall be deemed as consent”, Ferris company shall bear civil liability for Wang Ronggui’s acts.
Although the project Department seal of Ferris company is affixed, the source of the seal is unknown, and Ferris company has evidence to prove that the seal is not provided to Wang Ronggui by Ferris company.
According to the contract agreement of the Supreme Court, the company will charge the external management fee in the name of the Supreme Court.
The seal was stamped on the purchase and sales contracts signed between Yang Yongzhong, Zhu Chuanyu and other building materials suppliers and Wang Ronggui on the building materials supplied by the apartment project of Lianshui International Trade City 1# building submitted by Xinggang company in the second instance.
The court believes that the focus of the retrial examination of this case is: whether the judgment of the second instance is wrong in the payment of materials by Ferris company to Xinggang company.
In the steel structure contract signed with Yang Yongzhong on October 25, 2012, the one who signed the contract on behalf of Ferris company was Zhang Yiping, the seal manager assigned by Ferris company to the project department.
Respondent (plaintiff of first instance and appellant of second instance): Huai’an XX building materials Co., Ltd.
The buyer of the sales contract in this case filled in the project Department of Motian company, but Wang Ronggui finally signed it.
Wang Ronggui is the person in charge of the project involved and the actual construction person recognized by Ferris company.
When Xinggang company signed the contract with Wang Ronggui, it neither verified the identity of Wang Ronggui and whether he had the agency right, nor verified the authenticity and legitimacy of the project seal of the Ferris company, nor required the Ferris company to affix the company seal.
Wang Ronggui’s behavior is unauthorized agency behavior.
Source of the case: the retrial applicant Jiangsu Motian Construction Engineering Group Co., Ltd.
The court of second instance held that “Wang Ronggui’s behavior constitutes apparent agency, and Ferris should perform its payment obligations”, which is an erroneous determination of facts and improper application of law, which is contrary to the spirit of the summary of the judicial committee of Jiangsu Higher People’s Court on whether the parties constitute apparent agency in the case of sales contract disputes on August 12, 2013.
Domicile: Airport Industrial Park, XX County, Jiangsu Province.
Ferris company applies for retrial in accordance with items 2 and 6 of article 200 of the Civil Procedure Law of the people’s Republic of China.
Address: No.
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3341 civil ruling] civil ruling of the Supreme People’s Court of the people’s Republic of China (2015) min Shen Zi No.
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(hereinafter referred to as Motian company) is the retrial applicant (defendant of the first instance and appellee of the second instance) for the case of dispute over the sales contract with the respondent Huai’an Xinggang building materials Co., Ltd.
Therefore, Wang Ronggui’s behavior does not meet the constitutive requirements of apparent agency stipulated in Article 49 of the contract law of the people’s Republic of China, does not constitute apparent agency, and Ferris company does not bear the responsibility of payment.
(hereinafter referred to as Xinggang company).
Ferris company applied for retrial and said that: (1) the basic facts identified in the judgment of the second instance are lack of evidence.
The retrial applicant Jiangsu Motian Construction Engineering Group Co., Ltd.
(hereinafter referred to as Xinggang company) [(2015) min Shen Zi No.
00067 of Jiangsu Higher People’s court and applied to this court for retrial due to the dispute over the sales contract with the respondent Huai’an Xinggang building materials Co., Ltd.
The contract was not only signed by Wang Ronggui, but also stamped with the company seal.
3341) : Jiangsu XX Construction Engineering Group Co., Ltd.
When Xinggang company signed the contract with Wang Ronggui, it did not have the facts and reasons enough to make Xinggang company believe that Wang Ronggui has the right to represent Ferris company.
1.
The court of second instance did not investigate this important fact.
In view of the evidence of the signatures of Wang Ronggui and Du Yong submitted by Xinggang company, the court of second instance did not investigate the identity and authenticity of the signatures of Wang Ronggui and Du Yong, so it directly served as the basis for the final decision.
（1） Wang Ronggui has the right to use the seal of Ferris company.
Xinggang company has no evidence to prove that the project Department seal of Motian company is legally engraved with the authorization of Motian company.
During the construction of the project, Wang Ronggui signed a concrete purchase contract with Xinggang company in the name of Motian company, which was stamped with the seal of the project Department of Motian company.
The construction contract of the project involved in the case was also signed by Wang Ronggui on behalf of Ferris company and KangChi company.
According to the internal contract agreement between Ferris company and Wang Ronggui, Ferris company shall provide Wang Ronggui with necessary certificates from industrial and commercial, construction and other departments, appoint personnel to assist Wang Ronggui in his work, and provide services such as seals and procedures..
Wang Ronggui did not show the power of attorney to Xinggang company when signing the contract.
（2） There was a definite error in the application of law in the judgment of second instance.
On August 13, 2013, when Chen Junping, the legal representative of Xinggang company, called Motian company and said that the loan owed was more than 1 million, but it turned into 2386460 yuan in the lawsuit.
(hereinafter referred to as Motian company) refused to accept the civil judgment (2015) Su Shang Zhong Zi No.
3.
During the performance of the contract, it also did not require the Ferris company to confirm or ratify, which is obviously at fault.
The court formed a collegial panel to examine the case according to law, and the examination has been concluded.
