Disputes over Sale Contract between a Kunshan Company, a Technology Co., Ltd. and an Import and Export Co., Ltd
[Key words]Civil/Sales Contracts/Payments
[Referee Points]
Article 161 of the Contract Law of the People's Republic of China stipulates that the buyer shall pay the price at the agreed time. Where the time of payment is not stipulated or clearly stipulated, and cannot be determined in accordance with Article 61 of this Law, the buyer shall pay at the same time as the subject matter is received or the documents for the subject matter are extracted.
[Relevant laws]
Article 161 of the Contract Law of the People's Republic of China
[Basic Case]
A technology company of the defendant (hereinafter referred to as "Company A") has long purchased equipment from a company of Kunshan City (hereinafter referred to as "Company B") of the plaintiff and agreed to pay for the goods within 60 or 90 days after the acceptance and acceptance of the order goods. A company of the defendant (hereinafter referred to as "Company C") is the import and export agent of the defendant A company. Quotient management.
In February 2015, the plaintiff stopped supplying to Company A of the defendant. Company A of the defendant confirmed that the amount owed to the plaintiff was 99,350 yuan; Company C of the defendant agreed to pay 22,950 yuan of the above price together with Company A of the defendant.
The defendant fails to pay the price at the agreed time, the plaintiff sues the court.
[Judgment Result]
1. Company A of the defendant shall pay 99,350 yuan to the plaintiff within ten days of the effective date of this judgment.
2. Company C of the defendant is liable for joint and several liquidation of 22,950 yuan of the payment payable by Company A of the first defendant in this judgment.
[Reasons for Judgment]
The plaintiff and the defendant are in the contract of sale and sale. As a buyer, the defendant, Company A, agreed to pay the price of 22,950 yuan jointly with the defendant, so it supported the plaintiff's claim in accordance with the law.