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

Case No:（2023) Liao 02 min Zhu zong 100

Cause of action:Disputes over financial loan contracts

Date of Referee:March 27, 2023

Intermediate People's Court of Dalian City, Liaoning Province

civil ruling

（2023) Liao 02 min Zhu zong 100

Appellant (Defendant in the Original Instance): Dalian Hangda Hongyuan Industrial Co., Ltd., with its domicile in Jialinyuan, Ganjingzi District, Dalian City, Liaoning Province43 No. 1, 7th floor.

Legal Representative:Lei MouxuGeneral Manager of the Company.

Authorized agent ad litem: Guo Jing, lawyer of Beijing Zhonolun Wende (Dalian) Law Firm.

Appellee (plaintiff in the original trial): Zhujiang Village Bank Co., Ltd., Dalian Free Trade Zone, domicile of Huanghai West Road, Dalian Free Trade Zone, Liaoning ProvinceArea 3, 1st floor, and Area 2, 8th floor, Tower E, International Trade Center, 205.

Legal Representative:Yu a certain armyChairman of the company.

Authorized agent ad litem:to a certain, female,Born on January 10, 1991, an employee of the company, lives in Xigang District, Dalian City, Liaoning Province.

Appellee (defendant in the original trial):Cui Mouli, female,Born on May 15, 1963, Han, lives in Shahekou District, Dalian City, Liaoning Province.

Appellee (defendant in the original trial):Cui Mouxiu, female,Born on March 29, 1965, Han, lives in Mingshan District, Benxi City, Liaoning Province.

Appellee (defendant in the original trial):Hu Mouling, female,Born on April 7, 1995, Mongolian nationality, lives in Chifeng City, Inner Mongolia.

Appellee (defendant in the original trial):Li a wild, male,Born on October 16, 1986, Han, lives in Shahekou District, Dalian City, Liaoning Province.

Second, the appellee jointly entrusted litigation agent: Zhang Tianxiang, lawyer of Liaoning Tianying Law Firm.

Defendant in the original trial: Dalian Zhoushuizi Airport Hangda Food Plaza, domicile: Yingke Road, Ganjingzi District, Dalian City, Liaoning ProvinceNo. 168 (2nd floor, Dalian International Airport Terminal).

Operator:Cui Mouli.

Defendant in the original trial: Dalian Qiye and Tea Catering Management Co., Ltd., domicile of Wusi Road, Xigang District, Dalian City, Liaoning ProvinceShop 212, 66 Hang Lung Plaza Mall.

Legal Representative:Li a wild.

The appellant Dalian Hangda Hongyuan Industrial Co., Ltd. and the appellee Dalian Free Trade Zone Zhujiang Village Bank Co., Ltd,Cui Mouli,Cui Mouxiu,Hu Mouling,Li a wildThe defendants in the original trial, Dalian Zhoushuizi Airport Hangda Food Plaza and Dalian Qiye and Tea Catering Management Co., Ltd., refused to accept the Dalian Economic and Technological Development Zone People's Court (2022) Liao 0291 civil ruling No. 2237 at the beginning of the Republic of China appealed to this court.

Dalian Hangda Hongyuan Industrial Co., Ltd. appealed that the original ruling of the 1. violated the facts and legal provisions. According to Article 1 of the Civil Procedure LawArticle 22 stipulates that "a civil lawsuit against a legal person or other organization shall be under the jurisdiction of the people's court in the place where the defendant is domiciled." This case shall be under the jurisdiction of the People's Court of Ganjingzi District, where the defendant has his domicile. 2. the appellant's domicile in this case is in Ganjingzi District, and the domicile of other defendants is also in Ganjingzi District, considering the actual situation of the case, in order to better ascertain the facts of the case, it is more reasonable to transfer the case to the people's Court of Ganjingzi District of Dalian City for jurisdiction. Request to revoke the original trial ruling and transfer the case to the People's Court of Ganjingzi District, Dalian City for trial.

After examination, the Court held that Article 35 of the the People's Republic of China Civil procedure Law stipulates that the parties to a contract or other property rights and interests dispute may, by written agreement, choose the jurisdiction of the people's court in the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is actually related to the dispute, etc. In this case, Dalian Free Trade Zone Zhujiang Village Bank Co., Ltd. andCui MouliThe Personal Loan Contract signed No.Article 17, Article 32, and Article 11 of the "Guarantee Contract" signed by Dalian Free Trade Zone Zhujiang Village Bank Co., Ltd. and other defendants in the original trial in this case, all agree that if the two parties have a dispute due to the performance of the contract and the negotiation fails, they shall report to Party B The people's court of the place of residence. The jurisdiction clause of the above agreement does not violate the provisions of level jurisdiction and exclusive jurisdiction, and is legal and effective. The court of first instance, as the court of Party B's domicile directed by the agreed jurisdiction, has jurisdiction over the case, and the ruling rejects the objection to jurisdiction raised by the appellant, which is in accordance with the law and should be maintained. The appellant's reasons for appeal are not established, and his appeal request is not supported by this court.

In accordance with the provisions of Article 177, Paragraph 1, Item 1 and Article 178 of the the People's Republic of China Civil Procedure Law, the ruling is as follows:

The appeal was rejected and the original ruling was upheld.

This determination shall be final.

Presiding Judge Lv Storm

Judge Jin Yan

Judge Yin Chuanmao

March 27, 2003

Judge Assistant Wang Bo

Clerk Zhang Junxuan

Attached: Relevant laws and regulations

the People's Republic of China Civil Procedure Law

Article 35 The parties to a dispute over a contract or other property rights and interests may, by written agreement, choose the jurisdiction of the people's court in the place where the defendant has his domicile, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff has his domicile, the place where the subject matter is located, and other places that are actually related to the dispute, but shall not violate the provisions of this Law on level jurisdiction and exclusive jurisdiction.

Article 177 A people's court of second instance shall, after hearing a case on appeal, deal with it in accordance with the following circumstances:

If the facts found in the original judgment or order of the (I) are clear and the law is correctly applied, the appeal shall be rejected by way of judgment or order and the original judgment or order shall be upheld;

If the original judgment or ruling of the (II) is wrong in determining the facts or in applying the law, the judgment or ruling shall be revised, revoked or modified in accordance with the law;

If the basic facts found in the original (III) judgment are not clear, the original judgment shall be rescinded and remanded to the people's court of origin for retrial, or the judgment shall be revised after the facts have been found out;

(IV) the omission of the party in the original judgment or the illegal default judgment is seriously in violation of legal procedures, the original judgment shall be revoked and returned to the original people's court for retrial.

If, after the people's court of first instance has made a judgment on a case remanded for retrial, the party concerned files an appeal, the people's court of second instance shall not remand the case for retrial.

Article 178 A people's court of second instance shall use the ruling in all cases appealed against the ruling of a people's court of first instance.