Trial court:Intermediate People's Court of Dalian City, Liaoning Province

Case No:(2022) Liao 02 min Shen no 198

Cause of action:Disputes over financial loan contracts

Date of Referee:September 19, 2022

Intermediate People's Court of Dalian City, Liaoning Province

civil ruling

(2022) Liao 02 min Shen no 198

Retrial applicant (defendant in the original trial):Lu Mou, female,Born on August 25, 1964, Han, address Zhuanghe City, Liaoning Province.

Authorized agent ad litem: Zhang Chenglin, lawyer of Liaoning Tianying Law Firm.

Respondent (plaintiff in the original trial): Dalian Branch of China Minsheng Bank Co., Ltd., with its domicile at Renmin East Road, Zhongshan District, Dalian City, Liaoning Province52 and 54.

Person in chargeKong a song, is the president of the branch.

Respondent (defendant in the original trial):Zhang, male,Born on March 3, 1968 in Han, Zhuanghe City, Liaoning Province.

Defendant in the original trial: Dalian Longtai Machinery Co., Ltd., domicile of Bishui Road, Changsheng Street, zhuanghe city City, Liaoning Province6 (Lingang Industrial Zone).

Legal RepresentativeZhang.

Retrial ApplicantLu MouDue to the relationship with the respondent, Dalian Branch of China Minsheng Bank Co., Ltd,ZhangAnd the defendant in the original trial, Dalian Longtai Machinery Co., Ltd., refused to accept the Dalian Zhongshan District People's Court (2019) Liao 0202 Min Chu Civil Mediation No. 4199, applying to this court for retrial. The Court formed a collegial panel in accordance with the law to conduct a review, which has now been concluded.

Lu MouThe application for retrial said that in the power of attorney in the original trial.Lu MouThe signature was forged. The conciliation statement does not agree. The mediation statement violates Article 4 of the the People's Republic of China Civil Procedure Law.Article 208 provides for a retrial on the grounds of violation of the principle of voluntariness.

After examination, the court held that, in accordance with Article 208 of the the People's Republic of China Civil procedure Law, if the parties provide evidence to prove that the mediation violates the principle of voluntariness or the content of the mediation agreement violates the law, they may apply for a retrial. If it is found to be true after examination by the people's court, it shall be retried. Article 382 of the Interpretation of the Supreme People's Court on the Application of the the People's Republic of China Civil Procedure Law, where a party applies for a retrial of a legally effective conciliation statement, it shall be filed within six months after the conciliation statement takes legal effect. The original trial file of this case"Power of Attorney" records that the principal is"Lu Mou", the trustee for"Zhang". Dalian Zhongshan District People's Court (2019) Liao 0202 Minchu No. 4199 Civil Mediation Agreement was signed on August 26, 2019. The retrial application filed by the retrial applicant on July 15, 2022 after many years has obviously exceeded the statutory retrial application period, and the court will not support its retrial request in accordance with the law.

In accordance with the first paragraph of Article 211 of the the People's Republic of China Civil Procedure Law and the second paragraph of Article 393 of the Interpretation of the Supreme People's Court on the Application of the the People's Republic of China Civil Procedure Law, the ruling is as follows:

RejectedLu MouApplication for retrial.

Presiding Judge Dong Wei

Judge Wang Liming

Judge Cang Qi

September 19, 2002

Clerk Sun Jiaru