题干
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.
1. Handcup Marketing is suing South China Corporation of not paying for the transactions.
2. Qingguo Su is a lawyer.
3. The plaintiff has got well prepared before filing the lawsuit.
4. The plaintiff didn't know which laws and regulations should be applied in this case.
5. The defendant owed the plaintiff RMB 15,000,000 for the dispatched products.
反馈
答案:1. T 2. F 3. T 4. F 5. T
解析:
1. 这是一道概括题,从文中开头可以看出,原告是Handcup Marketing,被告是South China Corporation,而正文第一句就表明了原告的申诉。所以答案是T。
2. 这是一道细节题。 从文中可以看出他是法人代表,他的职位是Handcup Marketing的经理。所以答案是F。
3. 这是一道概括题。从FACTS AND REASONS里面可以看出,原告把相关的证据都准备好了,所以答案是T。
4. 这是一道细节题。文中最后一段,原告列出了该案件适用的法律条规,所以答案是F。
5. 这是一道细节题。从正文第一句可以知道被告欠原告的货款是一千五百万元人民币,所以答案是T。