Defendant and counterclaim: Hu _ _ _ _ _ _, female _ _ _ _, Han nationality, temporary worker, since _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The plaintiff _ _ _ _ _ _ _ _ County Native Produce Company v. Debt Dispute, hereby submits the following defense and counterclaim:
(1) defense part: I (the respondent and the counterclaim) have been employed as a temporary worker by the plaintiff since _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Diagnosed by the hospital, who am I? Traumatic spleen rupture concussion? Suture of head laceration 12 needle, splenectomy, * * * blood transfusion 18 10 ml, hospitalization for 56 days, cost 890.27 yuan.
After discharge, the doctor told me to rest for half a year (the hospital diagnosis has been submitted to your hospital).
This industrial accident happened entirely because the plaintiff's loading equipment was not firm and the labor protection system was not perfect.
As a state-owned enterprise, the plaintiff not only failed to check and improve its work, but shirked its responsibility, which was very inappropriate.
The first paragraph of Article 36 of the revised draft Detailed Rules for the Implementation of Labor Insurance Regulations promulgated by the Ministry of Labor stipulates that temporary workers, seasonal workers and trainees in enterprises that implement labor insurance shall enjoy the same treatment as ordinary employees during the medical treatment for work-related injuries. ?
According to the spirit of this regulation, the treatment of work-related injuries during my medical treatment shall be handled in accordance with the provisions of Item (1) of Article 12 of the Labor Insurance Regulations, that is, the medical expenses, medicine expenses, hospitalization expenses, meals and medical expenses during hospitalization shall be borne by the enterprise or factory. During medical treatment, wages are paid as usual.
It can be seen that the medical expenses paid in advance by the plaintiff are RMB _ _ _ _ _ _ _ _.
(II) Counterclaim: During my work-related injury medical treatment, the expenses that should be borne by the plaintiff according to law are as follows:
1. The medical expenses, blood transfusion expenses and ambulance expenses paid in cash are 667.54 yuan (all documents have been submitted to your hospital);
2. Meals during hospitalization in 84 yuan (daily 1.50 yuan, 56 days);
3. Nursing salary 1 12 yuan (daily 1 person, 56 days of nursing, daily salary of 2 yuan);
4.480 yuan (60 yuan per month) for 8 months, and rest after discharge.
Of the above four items, * * * is 1343:54 yuan. In addition, the salary illegally withheld by the plaintiff because I didn't pay the balance before my injury was 47.92 yuan, totaling 139 1.46 yuan. The plaintiff should pay me 59 1.46 yuan in addition to the medical fee 800 yuan that has been lent to me in advance.
Please find out the facts, combine my counterclaim and make a judgment according to law.
I am here to convey
_ _ _ _ _ _ County People's Court
Defendant and counterclaim: Hu _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Civil defense and counterclaim II
Defendant and counterclaim (Defendant): Lu Moumou, male, Han nationality,/kloc-0, born on xx/9xx, now lives in Room xXX, Building X, XX Road, XX District, XX City, and his ID number is omitted. Contact telephone number (omitted).
The Respondent and the Counterapplicant received the complaint from your institute on xx, xx, XX, 20xx, and now submit the defense and counterclaim as follows:
First, the defense of this lawsuit.
The plaintiff's claim lacks legal and factual basis, and I hope the court will reject it.
1. The defendant's claim is not clear.
Article 1 19 of China's civil procedure law clearly stipulates that prosecution must? Have specific claims, facts and reasons? There are two optional requirements in the first item of the respondent's claim, which obviously do not meet the requirements? Are there any specific claims? The provisions of the court should be rejected.
2. The house lease contract signed by the respondent and the respondent is legal and valid.
The defendant and the respondent signed a house lease contract on June 365438+1October 3 1 20xx, and the house lease contract is legal and valid regardless of whether the sublease is approved by the landlord.
According to the provisions of the first paragraph of Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Urban Housing Lease Contracts? If the lessor knows or should know that the lessee subleases, but fails to raise an objection within six months, and requests to terminate the contract or considers the sublease contract invalid on the grounds that the lessee does not agree, the people's court will not support it? .
From 20x65438+1October 3 1, the respondent subletted to March 20xx. When the respondent sued her, the landlord never raised any objection. Obviously, subletting is effective by default. The housing lease contract signed by the respondent and the respondent does not violate the prohibitive provisions of the law, and of course it should be protected by law.
3. The respondent has no right to demand the return of the lease deposit.
Since the housing lease contract between the respondent and the respondent is legal and valid, the lease deposit that plays a guarantee role certainly does not need to be returned. The two parties agreed that the Respondent would collect the lease deposit from the Respondent, which would not violate the prohibitive provisions of the law. Therefore, the respondent has no right to request the refund of the lease deposit.
Second, the counterclaim claims, facts and reasons.
Counterclaim request
1. Request the court to cancel the house lease contract signed with the defendant by counterclaim, and pay 93,000 yuan in rent arrears (temporarily calculated as 20xx 1 1).
2. The litigation costs in this case shall be borne by the defendant.
Facts and reasons of counterclaim
On 20xx65438+1October 3 1 day, the counterclaim signed a house lease contract with the defendant, stipulating that the counterclaim would lease the house of about 500 square meters on the first floor and the second floor of a hotel in XXX Road, XXX Town, XXX County to the defendant for catering business. The lease term is 15 years.
20xx July 1 starts to calculate the rent, with a monthly rent of 6,000 yuan, and a monthly rent of 6,600 yuan from July 1 day to June 30, 2065,438. After the contract was signed, the defendant began to decorate and start business.
After September 20xx, the defendant has been delaying the payment of rent, which is a serious breach of contract. According to Article 4 of the House Lease Contract, if the defendant fails to pay the rent within 15 days, the counterclaim has the right to unilaterally terminate the lease contract without any compensation. Therefore, the counterclaim requires that the house lease contract be terminated by counterclaim, and the rent in arrears be paid, and the deposit will not be refunded.
I am here to convey
A county people's court
Defendant and counterclaim:
Oxx year 1 1 month19th.