The statement of defense will help the People’s Court fully understand the facts of the case, determine the rights and wrongs, and make a correct judgment. In an ever-improving society, courts are no longer strangers to us. Everyone usually prepares a defense in advance before the court session. The following is the format of the defense that I have compiled for your reference. I hope it can help friends in need. Format of defense 1 Respondent: name, gender, date of birth, ethnicity, education level, work unit, occupation, and address. (If the respondent is an organization, the name of the organization, the name and position of the legal representative, and the address of the organization should be stated)

Respondent: name, gender, date of birth, ethnicity , education level, work unit, occupation, address. (If the respondent is an organization, the name of the organization, the name and position of the legal representative, and the address of the organization should be stated)

Nature) case, the defense is as follows:

Request matters: (state the purpose to be achieved in the defense)

Facts and reasons: (State the factual and legal basis for the defense, and state the facts, laws, and claims made by the plaintiff, appellant, and complainant, that is, the respondent, on the basis of which the lawsuit, appeal, and complaint are based and that they cannot be established. Reasons)

Sincerely

XXXX People’s Court

Respondent (Signature or seal)

XXXX, XX, month XX, XXXX

Attached: X copies of this defense ( The number of copies shall be determined according to the number of respondents).

(Note: The formats of defense statements in civil, administrative, and criminal private prosecution cases are basically the same) Defense Formats 2

Civil Defense Font Format:

There are no special regulations on the font and size of civil defense forms, but it is not appropriate to use artistic fonts. Generally, Song or regular scripts are used, with font size 4.

What is the format of the defense:

Civil defense

Respondent: name, gender, date of birth, ethnicity, education level, work unit, occupation ,address. (If the respondent is a unit, the name of the unit, the name and position of the legal representative, and the address of the unit should be stated)

Respondent: name, gender, date of birth, ethnicity, education level, work unit, Occupation, address. (If the respondent is an organization, the name of the organization, the name and position of the legal representative, and the address of the organization should be stated)

The respondent is making a defense due to the case of XXXX (state the cause of the case, that is, the nature of the dispute) As follows:

Request matters: (State the purpose of the defense)

Facts and reasons: (State the factual and legal basis for the defense, which should be specific to the plaintiff, appellant, The complainant, that is, the respondent, shall state the facts and laws on which the prosecution, appeal, and complaint are based and the reasons why the claim cannot be established)

Sincerely

XXXX People's Court< /p>

Respondent: (Signature or seal)

XXXX, month XX, XXXX

Attached: X copies of this defense (determined by the number of respondents number of copies).

(Note: The format of the defense is basically the same for all types of civil, administrative and criminal private prosecution cases) Defense format 3

Respondent: Zhang xx, male, born in 1963, ethnic group X , a native of Dali City, Yunnan Province, a civil servant, living in "No. xx Villa District, xxx Villa District", Manjiang District, Dali City, ID number: 5329xxxxxxxxxxxxxx.

Respondent: xxx, male, born in 1978, ethnic group X, from Midu County, Yunnan Province, individual, lives at No. xxx, Midu Town, Midu County, ID number: 5329xxxxxxxxxxxxxx.

Due to the case of plaintiff xxx suing the respondent over a decoration contract dispute, the respondent filed the following defense in accordance with the law:

Defense request

Requesting a legal judgment to dismiss the plaintiff xxx’s case All appeal requests.

Facts and Reasons

Both parties have clearly agreed on the contracted construction scope, project quantity, unit price, total project cost and quality requirements.

The plaintiff is an individual who specializes in the home decoration industry. In September 20xx, after being introduced by someone, he planned to decorate the villa "xxxxxxxx" located in Manjiang District, Dali City, for the respondent. After the plaintiff fully inspected and measured the respondent's house, it decorated the respondent's house on a contract basis, with the original price quoted to the respondent being more than 80,000 yuan. The respondent believed that the price was too high and did not intend to let the plaintiff contract the construction. Later, the plaintiff re-measured the respondent's house and re-proposed a renovation quotation of 62,877.50 yuan. The respondent believed that the quotation was reasonable, so he agreed to contract his house decoration project to the plaintiff on a contract basis, with labor and materials not included. Afterwards, the plaintiff provided the respondent with a "Decoration Project Preliminary (Settlement) Quotation", which clarified the quantity and unit price of the decoration project. It is also clear that the settlement will be calculated based on the actual engineering projects and quantities on site, but it is also clearly agreed that if there is an additional construction project, Party A and Party B must first sign a "Project Change Order" to confirm the project project and project price, and then Party B will organize the construction. At the same time, the plaintiff also issued an "Interior Decoration Construction Technology Quality Guarantee" to the respondent, which also specifically promised that all construction techniques would meet the requirements of the relevant "Interior Decoration Construction Technology Acceptance Specifications". Otherwise, the respondent has the right to impose financial fines and claim for economic losses caused by substandard construction quality. Therefore, before the plaintiff's decoration construction, the two parties had clearly agreed on the contracted construction scope, project quantity, unit price, total project cost and quality requirements.

After the plaintiff started construction, the respondent has been paying the plaintiff the project fees according to the construction progress.

Every time the plaintiff completes a project, both parties will measure it, and then the respondent will promptly pay the project fee to the plaintiff. There are 10 collection receipts (*** total) issued by the plaintiff to the respondent. 63,000 yuan of project payment), there is no issue that the plaintiff advanced a large sum of workers' wages to maintain the progress of the construction. In addition, because the plaintiff maliciously defaulted on the wages of the porcelain scraper and latex paint workers, xxx, two people from Chuxiong who undertook the project, had difficulty living. After xxx made a request to the respondent, the respondent also advanced the porcelain scraper and latex paint workers on behalf of the plaintiff. The salary of paint is 12,300 yuan. The respondent also paid the plaintiff 1,200 yuan for the transportation of its carpenters and 1,000 yuan for the rental fee for the climbing ladder. Since the plaintiff ignored the matter without installing the lamps, the respondent hired another person to install the lamps and paid a lighting installation fee of 6,000 yuan. In this way, the total project payment paid by the respondent reached 83,500 yuan, which was far more than the plaintiff's quotation at that time.

The plaintiff proposed that the actual floor area of ??the respondent’s house is about 560 square meters, which is a complete distortion of the facts!

Of course, this is also one of the reasons why the plaintiff believes that the respondent still owes it the money for the project. , however this reason is simply not valid. The respondent's house purchase contract clearly states that the total area of ??the house construction is 184.81 square meters. Including the area of ??approximately 152.2 square meters added by the respondent, the total area of ??the respondent's house is approximately 337.31 square meters. The respondent's house is located on There, it's clear just by measuring it. Therefore, based on the plaintiff’s previous measurement, which was an area of ??approximately 337.31 square meters, the plaintiff’s quoted price of 62,877.50 yuan at that time was relatively objective. It was suggested that the respondent still owed him 59,281.33 yuan for the project, which was calculated based on the 560 square meters of construction area that he invented out of thin air, which is of course inconsistent with the facts.

The plaintiff’s behavior was a serious breach of contract, which not only caused economic losses to the respondent, but also seriously affected the normal life of the respondent’s family.

The plaintiff’s decoration construction had serious quality problems.

According to the 44 stipulations in the "Decoration Project Preliminary (Settlement) Quotation" provided by the plaintiff, the plaintiff was required to carry out strong and weak current renovation and layout, including being responsible for opening pipe troughs, burying pipes, and threading. However, during the construction process, the plaintiff did not open pipe grooves on the ground at all, but laid the floor directly on the wire pipes, and the wiring was extremely unreasonable, like a messy net. At that time, the respondent had already questioned the plaintiff, but the plaintiff promised that there would be no problem. In the end, several switches in the respondent's room became inoperable and the power supply in the kitchen automatically tripped.

Due to the chaos of the plaintiff's wiring, it was impossible to find out the cause of the problem, which not only caused inconvenience to the respondent's normal life, but also left a serious safety hazard to the respondent's house;

The plaintiff's response to the respondent There were serious quality problems with the laying of floor tiles in the four bathrooms of a house. The water under the shower in the bathroom in one bedroom flows directly to the bathroom door and into the bedroom, making it impossible to use the shower in the bathroom; the water under the shower in the bathroom in one bedroom does not flow away from the floor drain, but flows inward. The direction of the toilet; the water in the bathroom in the other bedroom does not flow to the floor drain, but flows directly to the bottom of the bathtub, forming water accumulation;

The walls are not in compliance with the standards for scraping porcelain and latex paint. As a result, a large number of cracks appeared on the wall;

In addition, the plaintiff’s wall tiles were not standardized and there were hollow phenomena; the plaintiff made a serious mistake when measuring the background wall of the main living room, resulting in missing ends of the customized wooden lattice. The carvings formed a blank space and affected the appearance; due to the plaintiff's mistake, the respondent's diamond-shaped glass column could not be installed and the glass mirror was forced to be discarded.

The plaintiff did not complete the agreed project.

During the construction of the plaintiff, there was no wiring in the respondent’s bathroom on the third floor, and the mirror headlight could not be used;

The food cabinet was not painted, and the colors were seriously mismatched, which affected the appearance.

The plaintiff did not install 45 items of switches and sockets and 47 items of downlights and spotlights in the "Decoration Project Preliminary (Settlement) Quotation".

In January 20xx, the plaintiff only had switches, sockets and lamps that had not yet been installed. In order to celebrate the completion of the house, the respondent planned to kill a pig for dinner on February 2, 20xx, and also determined the wedding date of his daughter. On March 21, 20xx. Under this circumstance, the respondent required the plaintiff to install the switches, sockets and lamps before February 28, 20xx. However, at this time, the plaintiff betrayed his trust, took advantage of others' danger, and demanded that the respondent pay another 30,000 yuan in decoration costs. The respondent believed that the renovation costs he paid had far exceeded the plaintiff's quotation at the time, and therefore did not agree to the plaintiff's unreasonable request. However, since the daughter's wedding was approaching and the wiring was completed by the plaintiff, it was inconvenient for others to install it. In order to complete the decoration and finishing work as soon as possible, the respondent agreed to pay another 5,000 yuan to the plaintiff. However, the plaintiff refused to agree and stopped work without authorization and left the decoration site. For this reason, the respondent specially asked the introducer at that time to come forward to do the plaintiff's work, but the plaintiff refused to complete the finishing work for the respondent. In desperation, the respondent had to hire another person to complete the finishing work such as the installation of switches, sockets and lamps. , and pay the installation fee of 6,000 yuan.

The plaintiff intentionally committed fraud on the respondent.

The plaintiff’s quotation was only 62,877.50 yuan, but the actual amount reached 83,500 yuan. Now it claims to owe 59,281.33 yuan. If this is the case, the original quotation is more than double without adding additional construction projects, which is very unfair. In line with common sense, there are only two explanations for this. One is that the plaintiff deliberately defrauded the respondent, first luring the respondent to hand over the decoration project to the plaintiff at a low price, and then increasing the amount of work. This kind of fraud should not be punished. Legal support; secondly, the plaintiff did not complete the project amounting to more than 100,000 yuan.

The plaintiff shall compensate the respondent for his economic losses according to law.

Due to the plaintiff’s breach of contract, the quality of its decoration was seriously unqualified, and there were unfinished projects, it has caused the following economic losses to the respondent, which shall be compensated according to law:

There are no switches and sockets. Installation, the project payment was 480 yuan according to the plaintiff's "Decoration Project Preliminary Quotation";

The downlights and spotlights were not installed, the project payment was based on the plaintiff's "Decoration Project Preliminary Quotation" (Settlement) Quotation" is 640 yuan;

3. The wire layout is unreasonable and the bathroom on the third floor is not wired. The respondent should be compensated 20xx yuan;

4. Four bathrooms The cost of re-laying floor tiles (including the cost of removing the original floor tiles) is calculated as 3,000 yuan per piece and is calculated as 12,000 yuan;

5. Scraping porcelain and painting latex paint on the wall do not meet the specifications, resulting in cracks on the wall A large number of cracks, the repair cost is 1,000 yuan;

6. The wall tiles are hollow and reinstalled, 500 yuan;

7. The food cabinet paint is 500 yuan;

8 , the diamond-shaped glass column could not be installed, and the loss of the glass mirror was 1,200 yuan;

9. The respondent advanced 12,300 yuan in wages for scraping porcelain and painting latex paint.

The above 9 items total 30,620 yuan.

In summary, the respondent has overpaid the plaintiff for the renovation project, and now the respondent does not owe the plaintiff any payment for the project at all. Moreover, the plaintiff's decoration quality was poor and there were unfinished projects, which caused economic losses to the respondent. Since he was an unlicensed operator, the respondent was struggling to complain. Unexpectedly, the plaintiff sued first. The respondent requested the People's Court to reject the case in accordance with the law. At the same time as the lawsuit requested, it was ordered to compensate the respondent for economic losses of 30,620 yuan. Defense Form 4

Respondent: Li Shengyou, male, born on August 30, 1949, Han nationality, lives at 2-1-1, Building 36-2, Minzu Road, Huanren Town, Huanren Manchu Autonomous County, Tel: xx

It is true that Gao Changxi borrowed money from the appellant on September 30, 20xx. This fact exists that I acted as the guarantor for Gao Changxi. However, the appellant never handled this matter in accordance with the Guarantee Law and argued in accordance with the law. own rights, so the appellant is unreasonable and has no legal basis to assert his right to appeal.

The purpose of the Guarantee Law is to have a time limit of six months after the expiration of the main contract. Failure to claim the right will be deemed to exempt the guarantor from the guarantee liability. Claims of rights must be brought to arbitration institutions and people's courts. If there is no claim, the guarantor will not bear civil liability.

Eight years have passed since this incident, and the case is still being sued and appealed. The appellant has no legal basis. It is hoped that the intermediate court will not support the appellant’s point of view.

The appellant’s point of view is pure nonsense and has no sufficient legal basis. It is too weak. In addition, the appellant’s ground of appeal that the agreement is greater than the law is a sign of ignorance of the law. An agreement cannot violate the law. , this is the legal principle of socialism.

Since the nature of this case is a loan sharking case, it directly disrupts the socialist financial order and is an illegal act. People's courts should not protect.

To sum up, the appellant’s reasons are insufficient and have no legal basis. The intermediate court is requested to uphold the original judgment and reject the appeal.

Respondent:

Year Month Day