2019.7-2020.10 Intern of Guangdong Yiyue Law Firm

2020.10-2023.3 full-time lawyer of Guangdong yiyue law firm

Bachelor of Law, Chengdu University; Master of Law, Nanchang University

Guangdong Province entrepreneurship mentor, Guangdong Province cultural industry experts.

Entrepreneurship mentor of Guangdong Province and cultural industry expert of Guangdong Province.

The party concerned was the plaintiff, suing the defendant for more than 1350 million yuan, and the contract dispute was rejected in the first instance. The second instance was successfully reversed after the intervention of lawyer Zeng Yuan.

Case No.: Civil Judgment (2022) Yue 07 Min Zhong 776 of the Intermediate People’s Court of Jiangmen City.

The plaintiff, Zhuxi Chuanggu (Jiangmen) Science Park Co., Ltd., v. the defendant, Guangdong 33rd Market Street Cultural Development Co., Ltd., agreed that Zhuxi Chuanggu Company, as an operating enterprise, would start work on the operation of small and micro enterprise incubators in Pengjiang District of Jiangmen City and build small and micro enterprise incubators. After the signing of the contract, Thirty-Three Market Street Company paid the operating expenses of Zhuxi Company 2017 and 2018 in accordance with the contract, but has been in arrears since 2019. Therefore, in February 2021, Zhuxi Company, as the plaintiff, sued the defendant 33rd Market Street Company for paying more than 1350 million contract operating expenses and bearing the interest on overdue payment (up 50% according to LPR). However, due to the vague agreement signed by both parties, the plaintiff needs to invest 0.1 billion yuan in the contract server to invest in incubating enterprises and build smart e-commerce, Beidou satellite technology and application innovation and related technology platforms. In the first-instance trial, the Jiangmen City Pengjiang District Court dismissed all claims on grounds including the right of simultaneous performance.

Results of lawyer's work: after our intervention in the second instance, as the first agent, we went to Jiangmen many times to sort out the case, sort out the evidence, submit the appeal petition, and submit relevant evidence materials and supplementary opinions on appeal. We communicated with the court many times on the legal application issues such as "uneasy defense right", "simultaneous performance of defense right" and principal and subordinate contractual obligations, and submitted the "proxy statement" after the trial in combination with the trial. In the end, Jiangmen Intermediate People's Court added the relevant facts and adopted our point of view. It believed that the court of first instance applied the law improperly. It finally decided to revoke the judgment of first instance. In addition to adjusting the interest rate increase standard (according to LPR increase by 30%), it changed the judgment to support the claim of 13526400 yuan in our first instance.