Examples of civil appeals (1) The above-mentioned persons (defendants in the original trial): Zhang? , female, aged? Province? County people live at No.66 Qujiang Road in this county.
Defendant (plaintiff in the original trial): Chen? Male, 3 1 year old? Province? County people, address above.
The appellant refused to accept the divorce case? 1999 County People's Court? Year? Month? What is the Japanese (50) character? Civil judgment no.1, we appeal now. The grounds and requirements of the appeal are as follows:
The original judgment held that the marriage between the two parties was arranged by their parents and lacked emotional foundation. Shortly after marriage, the two sides quarreled and fought over some trivial matters of life. In recent years, the woman has no basis to suspect that the man is having an affair, and often goes to the man's work unit to make noise, which affects his work, and the feelings between the two sides are increasingly broken. To this end, husband and wife separated for two years. Now that the man has filed for divorce, court mediation is invalid. After investigation, it was confirmed that the relationship between the two parties was completely broken and could not be reconciled, and the divorce was granted.
The appellant thinks that the facts and reasons identified in the original judgment are wrong. My marriage with the appellee was arranged by my parents, but after the engagement, we have been meeting, exchanging opinions, getting to know each other and having a good impression on each other. Marriage is also voluntary by the appellee, and there is no objection, which can be proved by relatives and friends. We have been married for several years and have had children of our own. There is not much difference in life. According to these facts, we can't assume that we have no emotional foundation. Moreover, it is a metaphysical view that parents are masters of their own affairs, and there must be no feelings. Just because the appellee didn't take enough care of his family economically and in life in the past two years, there was a quarrel. But the quarrel is limited to? Family chores? , the original judgment is also so identified. There is no legal basis for deciding to divorce because of trivial quarrels. As for the way I go to the other company to reflect the situation, it is not appropriate, but the purpose is to solve the problem. In order to reconcile, the original trial held that the reasons for separation were arbitrary. As for the appellant's belief that the appellee has another love, isn't that what the original judgment said? No foundation? . As early as two years ago, the appellant found that the appellee and his neighbor Deng? The relationship is ambiguous. After many understandings, the neighboring comrades and neighbors confirmed that the relationship between the two is indeed beyond the normal range. After being persuaded by the appellant, the appellee restrained himself, but he was still unfaithful to Deng and me. Develop abnormal relationships. Going to the unit to reflect, not only for the family, but also for the appellee not to get deeper and deeper and make a big mistake. The original trial did not investigate the matter and made a wrong judgment.
To sum up, as long as the appellee is sincere, give up the wrong ideas and improve the relationship between husband and wife, it can be completely restored and reconciled again. I also have shortcomings, and I am willing to correct them in the future. For the happiness of my family, I request that the original judgment be revoked and the divorce be changed.
I am here to convey
? Transfer by county people's court
? City Intermediate People's Court
Appellant: Zhang? (Seal)
20? Year? Month? sun
Examples of civil appeals (II) Appellant (defendant of first instance) is a real estate development company in Guizhou, and his domicile is a village in Songshan Town, Ziyun Autonomous County, Guizhou Province.
Legal Representative Huang, position: general manager.
Appellee (plaintiff in the original trial) Zeng, male, Han nationality, was born on February 26th, 65438, with a high education level.
Defendant Liu, male, Han nationality, born in February+June, 65438.
The appellant refuses to accept the civil judgment (20xx) Linshui MinchuziNo. 1978 made by the People's Court of Linshui County on the case of private lending dispute with the appellee, and now appeals according to law.
Appeal request:
1. Request to cancel the first item of the civil judgment of (20xx) Linshui Minchuzi No.1. According to law1978;
2. The judgment rejected the appellee's claim against the appellant;
3. The litigation costs of the first and second trials shall be borne by the appellee.
Facts and reasons
First, the court of first instance found the facts wrong. The appellant and the appellee did not form a loan relationship, and the loan in this case has nothing to do with the appellant.
First of all, from the complaint filed by the appellee to the court of first instance, it can be seen that the appellee sued Liu, not the appellant, but added the appellant in the course of the proceedings, and from the reasons for adding the appellant, it can be seen that Liu did not hook up with the appellant when he formed the loan relationship, but was later identified as a legal person debt in the proceedings. In addition, judging from the claims, facts and reasons stated in his complaint, Liu needed funds to borrow from the appellee for the project construction, and issued an iou. After the loan, Liu had no trace to find, and the appellee failed to make an inquiry, so he filed a lawsuit and demanded Liu to repay the loan. Facts and reasons are the expression of the appellee's true meaning, and facts are the appellee's own admission. Therefore, the loan in this case was considered by the Appellee as the loan relationship between the Appellee and Liu.
Secondly, from the account of transfer, the appellee's four transfers were all Liu's personal account, and none of the money was transferred to the appellant's account; Moreover, from the form of receiving loans, if the company personnel receive money in their own name, they should have the appellant's power of attorney. Therefore, neither form nor content can reflect the loan relationship between the appellant and the appellee.
Third, the seal stamped on the iou in this case does not reflect the loan relationship between the appellant and the appellee. Judging from the paper of the loan, it is the stationery of the legal service office, and another person wrote the phone number of the Liu couple. It can be seen that the appellee has professional guidance when writing IOUs. If it is a legal person debt, its professionals should ask for the identity certificate and power of attorney of the legal representative. In fact, none of these elements are available. Moreover, the seal stamped on the IOU is not the seal used by the appellant, but the seal used by the appellant on September 20xx 19 is the coded seal of the public security organ for filing. It can be seen that the IOU in this case should reflect the personal loan relationship between the Appellee and Liu, and has nothing to do with the Appellant.
Fourthly, it can be seen from Liu's defense opinion that he has left a real estate development company in Guizhou since February 20xx, and no longer participates in the daily operation and management of a real estate development company in Guizhou, that is, he no longer carries out civil and commercial activities on behalf of an enterprise as a legal person. At the same time, it shows that he actually lent the appellee 562,500 yuan for the investment of Chengdu project, not for the operation and management of a real estate development company in Guizhou. After leaving the job, he never provided any business license, contract and other related procedures of the appellant. The appellee provided the court with the appellant's business license and organization code certificate, the source of which was very suspicious. It can be seen that the loan in this case is actually that Liu borrowed 562,500 yuan from the appellee (transfer 525,000 yuan, cash 37,500 yuan) to invest in his own Chengdu project, and the remaining 437,500 yuan belongs to usury. The loan in this case has nothing to do with the appellant.
Second, because the appellant is at fault, the appellant is not the debtor of the loan in this case and has no obligation to return the loan. Of course, the provisions of Article 84 and Article 108 of the General Principles of Civil Law cannot be applied, and it is obviously an error of applicable law to judge the appellant to return the loan principal and interest.
To sum up, the court of first instance found that the facts were unclear and the applicable law was wrong, and requested the court of second instance to revise the judgment according to law to safeguard the appellant's legitimate rights and interests.
I am here to convey
Guang 'an Intermediate People's Court
Appellant: a real estate development company in Guizhou.
2013 may xx