| Litigation and arbitration announcement date: January 16, 2010 |
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| Date of announcement | 2010-01-16 |
| Name of case | Dispute over freight forwarding contract |
| Date of prosecution | 2008-12-16 |
| the prosecution | Shanghai Wolong International Commerce Co., Ltd |
| Defendant | Shanghai Zhaolong International Freight Agency Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 1422060000 yuan |
| Case description | 1. At the end of August 2008, the Plaintiff (formerly known as "Shanghai Xietong International Commerce Co., Ltd.", which officially changed its name in early September 2008) and the third person outside the case, Shanghai Deyi Biotechnology Co., Ltd. (hereinafter referred to as "Deyi Company") signed a General Agreement on Import Agency, stipulating that the Plaintiff accepted the entrustment of Deyi Company, Handle the conclusion and performance of foreign-related transaction contracts on its behalf. 2. Later, the plaintiff signed import contracts numbered D06WY8137 and D06WY8138 with KOCO (Kegu), the third party outside the case, in accordance with the agreement with Deyi Company (the amount of contract goods is USD 692000.00 and USD 1384000.00 respectively). At the beginning of September of the same year, the plaintiff and the defendant signed the Logistics Agreement, which agreed that the defendant would provide the plaintiff with logistics services (including customs declaration, transportation and warehousing services). 3. On September 5, 2008, after obtaining the bank documents for the goods under the two import contracts mentioned above, the plaintiff handed all the documents to the defendant and entrusted the defendant to declare, pick up the goods and arrange warehousing on his behalf. Then, the above two batches of goods were taken away by the defendant after normal customs declaration, but now the two batches of goods are missing. The plaintiff repeatedly contacted the defendant on this matter, and the defendant delayed. To sum up, the defendant and the plaintiff have formed a freight forwarding relationship, and the defendant, as the trustee in the logistics contract, should ensure the safety of goods. Now the defendant's breach of contract has seriously affected the plaintiff's normal business activities. In order to protect their legitimate rights and interests, the plaintiff specially filed a lawsuit to the court, requesting the court to support the plaintiff's petition in accordance with the law. Claim: 1. Request the defendant to return the plaintiff's goods or compensate the plaintiff for the loss of goods according to the law, amounting to 2076000.00 dollars (at the exchange rate of 1 dollar=6.85 yuan, about 14220600.00 yuan) and interest losses; 2. The litigation costs of this case shall be borne by the defendant. |
| Judgment content | The Shanghai Maritime Court held public hearings on February 12 and May 25, 2009. Wolong Commerce received the Civil Judgment (2008) HHFSCZ No. 1053) from the Shanghai Maritime Court on December 11, 2009. The judgment is as follows: The litigation claim of the plaintiff Shanghai Wolong International Commerce Co., Ltd. does not support the case acceptance fee of 107123.60 yuan, and the litigation preservation fee of 5000 yuan, which is borne by the plaintiff Shanghai Wolong International Commerce Co., Ltd. Wolong Commercial is not satisfied with the above judgment, and will submit a petition of appeal to the Shanghai Higher People's Court within 15 days from the date of receiving this judgment. |
| Judgment date | |
| Whether to appeal | yes |
| Appellant of second instance | the prosecution |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | Shanghai Wolong International Commerce Co., Ltd. is not satisfied with the above judgment and has submitted an appeal to the Shanghai Higher People's Court on December 16, 2009 |
| Court of Acceptance | Shanghai Maritime Court |
| Court of second instance | Shanghai Higher People's Court |
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