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No. 5 of Five Model Cases of Properly Resolving Post-disaster Conflicts and Disputes by People's Courts Published by the Supreme People's Court: Li [REDACTED] and Hong [REDACTED] v. Xian County [REDACTED] Plastic Woven Bags Factory (Dispute over a Customization Contract)
Basic Facts of the Case
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最高人民法院发布五起人民法院妥善化解灾后矛盾纠纷典型案例之五：李某、洪某与献县某塑料编织袋厂定作合同纠纷案
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【法宝引证码】
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| No. 5 of Five Model Cases of Properly Resolving Post-disaster Conflicts and Disputes by People's Courts Published by the Supreme People's Court: Li [REDACTED] and Hong [REDACTED] v. Xian County [REDACTED] Plastic Woven Bags Factory (Dispute over a Customization Contract) | | 最高人民法院发布五起人民法院妥善化解灾后矛盾纠纷典型案例之五：李某、洪某与献县某塑料编织袋厂定作合同纠纷案 |
| Basic Facts of the Case | | 基本案情 |
| In July 2023, [REDACTED] Plastic Woven Bags Factory in Xian County, Hebei Province entered into contracts on customization of plastic woven bags with wholesalers including Li [REDACTED] and Hong [REDACTED]. It was agreed that the Factory produced a batch of plastic woven bags for Li [REDACTED] and Hong [REDACTED] at the customization fee of over 100,000 yuan. [REDACTED] Plastic Woven Bags Factory is located in a village in the flooded area in Xian County. Its production was suspended due to the flood, resulting in failure to perform the customization contracts as scheduled. The wholesalers Li [REDACTED] and Hong [REDACTED] were anxious, stated that the delay of orders caused certain economic losses to them, and claimed that they would no longer cooperate with the Factory. The person-in-charge of [REDACTED] Plastic Woven Bags Factory reported to the personnel of the "Special Judicial Service Team" for the flooded area under the Primary People's Court of Xian County, Hebei Province that the workers employed by the Factory were all villagers nearby. In order to cooperate with relocation and risk avoidance, all workers were relocated and could not work normally, resulting in business suspension. He feared that Li [REDACTED] and Hong [REDACTED] would sue for termination of contracts and claim for compensation for their losses and worried about losing customers and affecting production and operation thereby. After learning the situations, the judges of the Xian County Court immediately called the two wholesalers, stated the actual situations of the flooded area, explained the relevant provisions of the Civil Code, analyzed legal risks and litigation costs, and hoped that Li [REDACTED], Hong [REDACTED], and others would help the Factory bridge over the difficulties. After thorough explanation of laws and communication, Li [REDACTED] and Hong [REDACTED] agreed to postpone the delivery date of orders and were willing to maintain the partnership. After paying a return visit to the person-in-charge of [REDACTED] Plastic Woven Bags Factory, it was learned that Factory has resumed production and no subsequent dispute was produced among it and Li [REDACTED], Hong [REDACTED], and other customization customers. | | 2023年7月，河北省献县某塑料编织袋厂与李某、洪某等批发商签订了塑料编织袋定作合同，约定献县某塑料编织袋厂为李某、洪某等生产一批塑料编织袋，定作费用十万余元。献县某塑料编织袋厂坐落于献县洪泛区某村庄内，因洪灾停工停产，导致定作合同不能按期履行。批发商李某、洪某比较急切，表示订单延误给其造成一定经济损失，并声称将不再与该厂合作。献县某塑料编织袋厂负责人向河北省献县人民法院洪泛区“司法服务专班”工作人员反映，该厂雇佣的工人都是附近村民，为配合转移避险工作，工人全部转移安置，不能正常上班，导致停工停产，害怕对方起诉要求解除合同并赔偿损失，担心因此造成客户流失、影响生产经营。了解情况后，献县法院法官当即给两位批发商致电沟通，说明洪泛区实际情况，讲解民法典有关规定，分析法律风险和诉讼成本，希望李某、洪某等人帮助工厂渡过难关。经过充分的法律解读和沟通解释，李某、洪某表示同意将订单交货日期延后，也愿意继续保持合作关系。经回访了解到，献县某塑料编织袋厂负责人表示工厂已经恢复生产，与李某、洪某等定作户未产生后续纠纷。 |
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