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Clarify the rights and responsibilities of the affiliated party and successfully exempt the employer from direct payment responsibility
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2023-01-16
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Clarify the rights and responsibilities of the affiliated party and successfully exempt the employer from direct payment responsibility

In 2022, Zhang, as an affiliate, advocated for direct recovery of project funds from the employer's real estate company based on judicial interpretations in the event of the bankruptcy of the contractor's construction company. Our lawyers represent the defendant real estate company, accurately grasp the legal boundaries, argue the identity of Zhang as the affiliated person and the fact that the employer and affiliated relationship are not aware, and advocate that the affiliated person does not belong to the "actual construction person" protected by judicial interpretations and has no right to violate the relativity of the contract. Finally, the court adopted the representative opinion of our lawyers and ruled to dismiss the lawsuit in accordance with the law. This case successfully clarified the boundary of the rights of the "affiliated person" and the applicable rules of judicial interpretation, becoming the first representative precedent of its kind in the Zhenjiang area, and exempting the real estate company from the payment responsibility of more than 32.94 million yuan in project funds.

Proxy Lawyer: Jiangsu South Kunlun Law Firm

Wang Pei 15162996299 Xia Yunyao 18352861218

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