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Deliver goods sheet was not written " payment for goods did not written guarante
From; Author:Stand originally
Did not make clear on deliver goods sheet " didn't payment for goods written guarantee " calculate do not calculate had paid? A few days ago, court of Min travel district is right the appeal that manufactory of equipment of machinery of Shanghai eaves glad asks Mr He pays nearly 30 thousand yuan of payment for goods, made first instance adjudicate. Because send indenture to was not written " payment for goods did not written guarantee " , 13900 yuan among them regard as had paid.
Equipment manufactory appeals to machinery of Shanghai eaves glad say, mr He comes from Feburary 6, 2006 on April 5 to company replenish onr's stock of all kinds and electric car 27, value more than yuan 43 thousand, mr He already paid 14050 yuan during, still owe 29670 yuan outstanding. Ask Mr He pays payment for goods now 29670 yuan are reached remand electric car controller 1.
Mr He is willing to remand electric car controller, but he admits 15770 yuan only outstanding, among them 13900 yuan had paid. Mr He says, reach what made clear on sheet of two pieces of deliver goods on March 18, 2006 from Feburary 6, 2006 " payment for goods did not written guarantee " can explain, be like the word with outstanding payment for goods, should make clear; Otherwise according to management habit, when indicating deliver goods already on the spot payment for goods paid.
Argue of eaves glad factory says, deliver goods sheet expresses to send goods to Mr He to be in only, and cannot regard as already fulfilled payment for goods, if pay payment for goods,can go up to make clear or open receipt or receipt separately in deliver goods sheet.
Then this case controversy focus centers in: Did not make clear on deliver goods sheet " didn't payment for goods written guarantee " whether maintain paidly as the payment for goods that already got on this sheet?
To support its counterplea argument, mr He sent indenture on January 5, 2006 to judicial submission, aim to prove to answer to mention expressly on deliver goods sheet like outstanding payment for goods " payment for goods did not written guarantee " . But did not mention expressly on deliver goods sheet " payment for goods did not written guarantee " , according to management habit, answer to already paid.
In light of the evidence that provides from both sides, there are two to make clear in the sheet of 4 deliver goods that eaves glad factory offers " payment for goods did not written guarantee " , if what narrate deliver goods sheet to be the word of deliver goods proof only by its, its need not be made clear on deliver goods sheet " payment for goods did not written guarantee " , when getting debt, also need not make clear on deliver goods sheet " receive amount " . Mr He place relates incident did not make clear on deliver goods sheet " payment for goods did not written guarantee " model of written characters, explain already payment for goods on the spot settle, more accord with constant manage and logic. Finally, forensic first instance adjudicates, mr He needs 15770 yuan to pay a part payment for goods to eaves glad factory only.
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