( 1)
In April of 20 15, Lin Jian, who lives in Dongcheng District of City B (municipality directly under the Central Government), signed a loan contract with Zhong Yang (two colleagues from Zhenghe Iron and Steel Plant in the north of City B), stipulating that Zhong Yang would borrow 200,000 yuan from Lin Jian at a monthly interest rate of 1% and 20 17+0 months. The contract also stipulates that any dispute arising from the performance of the contract can be submitted to the Arbitration Commission of Dongcheng District, B for arbitration. By 2065438+February 2007, Zhong Yang failed to perform the contract on time. From March 2065438 to March 2007, they went to the People's Mediation Committee of Zhenghe Iron and Steel Plant (hereinafter referred to as the Mediation Committee) to request mediation. The mediation committee appointed three mediators to mediate the dispute.
According to the above materials, please answer the question 1:
1. After mediation, Lin Jian and Zhong Yang reached the following agreement under the auspices of the mediation committee: 17 Before May, Zhong Yang returned the loan of 200,000 yuan to Lin Jian and paid the loan interest of 20,000 yuan. The agreement is signed by Lin Jian and Zhong Yang, stamped with the seal of the Mediation Committee, and signed by three mediators. Zhong Yang failed to fulfill the mediation agreement on time, and Lin Jian intends to file a lawsuit. In this case, the following statement is correct: (20 17/ 3 /96)
A. the mediation committee should be the defendant.
B. Zhong Yang should be the defendant.
C the mediation Committee and zhong yang should be co-defendants.
D zhong yang should be the defendant, and the mediation Committee should be a third party without independent claim.
(2)
Wuhuan Company in County A, where the main business is located, and Hayes Company in County B, where the main business is located, signed a purchase contract in County C, and agreed that the delivery place of the goods would be in County D; Disputes arising from the performance of the contract shall be under the jurisdiction of the basic court where the plaintiff is located or where the contract is signed. Now Wuhuan Company is suing Hayes Company for compensation. Hayes company argued that it had paid a certain payment to the salesman of Wuhuan Company. Wuhuan Company admitted that Fu was a salesman of the company, but thought that he had no right to collect money on behalf of the company, and Fu did not hand over the money claimed by the company to the company. The company presented the power of attorney with the seal of Wuhuan Company to the court, which proved that Fu had the right to collect money on behalf of Wuhuan Company, but Wuhuan Company refused to recognize the authenticity of the power of attorney. According to the facts of the case, the court informed Fu to participate in the lawsuit according to the application of the parties.
According to the above materials, please answer the second question:
2. According to the case and the law, Fu's position in the lawsuit is: (20 15/ 3 /97).
A.*** and the plaintiff
B.*** and the defendant
C. the third party without independent claim
D. Witnesses
(3)
Ge Mou in County A and Xu Mou in County B respectively own 50% of the shares of Yunfeng Company in County C.. Later, due to different business philosophy, the shareholders' meeting was not held for four consecutive years, and it was impossible to form a resolution of the shareholders' meeting. Xu then asked the court to dissolve the company, and after the court accepted it, he applied to preserve the company's main assets (the right to use a piece of land in Dingxian County).
According to the above materials, please answer question 3:
3. Regarding the statements of the parties in this case, the following statements are correct: (20 14/ 3 /95)
A. Xu is the plaintiff
B.ge is the defendant.
C Yunfeng company can be a third party without independent claim.
D Yunfeng company can be a third party with independent claim.
(4)
On 20 1 1 July11day, the court of Shenghu District of a city accepted the case of (female) v. Zhang (male) for divorce. On July 13, the Shenghu District Court served a copy of the complaint on Zhang. On July 18, Zhang Xiangsheng's Lake District Court submitted a reply and raised no objection to the jurisdiction of this case. On August 2, Zhang Xiangsheng filed an application for jurisdiction objection in the Lake District Court, claiming that he had been separated from Li Mingli for two years and lived in his parents' home in Anping District, A city. The Shenghu District Court of a city ruled that Zhang's application for jurisdiction objection was rejected on the grounds that the application for jurisdiction objection exceeded the application period. The court in Houshenghu District found out the situation and decided to transfer the case to Anping District Court. Anping District Court accepted the transfer and decided to apply summary procedure to hear the case.
The Anping District Court organizes mediation when it is in session.
It is claimed that on June 5438+February, 2005, she married Zhang, but because Zhang had a third party, her relationship had broken down and she now asked for a divorce. After filing for divorce, Zhang exercised custody, and Zhang paid monthly maintenance 1500 yuan. At present, the deposit of both parties is 360,000 yuan (the passbook is in Zhang's hand), which is shared equally by both parties. The daily necessities are owned by each party, and there is no other property division dispute.
Zhang admitted that she got married with on June 5438+February 2005, and now she has a third party, and she has a deposit of 360,000 yuan in her hand. She agreed to divorce, agreed that the daily necessities were owned by the other party, and there was no other property division dispute. I don't agree to pay alimony because it was born with her ex-boyfriend.
Admit that Zhang was born with her ex-boyfriend. However, in the household registration, Zhang and Zhang are father and son. Over the years, father and son have been commensurate, forming a de facto father-son relationship, so Zhang is required to pay alimony.
Mediation failed to reach an agreement. In the subsequent trial, Li Mingli insisted on this request; Zhang recognized most of the facts admitted in the mediation agreement and the request for consent, but denied the existence of a third party and still refused to pay Zhang's alimony. Li Mingli requested the court to inform the third party Chen Jia to participate in the lawsuit as a third party without independent claim.
The Anping District Court made a judgment: dissolve the marriage relationship with Zhang; Zhang You exercises custody, and Zhang pays monthly maintenance fee to 700 yuan; The deposit is shared equally by both parties, and the daily necessities are owned by individuals. There are no other property division disputes. According to the fact that the defendant admitted that there was a third party in mediation, the court found that the relationship between the two sides was broken and Zhang was at fault.
According to the above materials, please answer question 4:
4. Regarding Li Mingli's request for Chen Jia to participate in the litigation together with a third party without independent claim, the following options are correct: (20 1 1/ 3 /97).
A. The court may, at the request of Li Mingli, decide to add Chen Jia as a third person without independent claim.
If Zhang agrees, the court may notify a third party who has no independent claim to participate in the proceedings.
Third, whether Zhang agrees or not, it is wrong for the court to inform the third party without independent claim to participate in the litigation.
D. If Chen Jia agrees, the court may notify Chen Jia to participate in the litigation in the name of a third party without independent claim.
Please see the next page for the answer analysis.