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实际施工人与第三人串通后虚构债务,是施工企业在日常经营中面临的常见风险。而且,实际施工人往往与第三入“提前准备”了充分的证据,一旦进入诉讼,施工企业往往百口莫辩,不得不承担一些本不存在的责任。在本案中,经办律师借助对诉讼规则、庭审提问的把握,在“零证据”的不利局面下迫使对方撤诉,为企业避免了损失。基本案情201 1年3月,A建筑集团收到法院传票,甲以借款合同纠纷为由将A建筑集团和乙作为共同被告起诉至法院,要求偿还本金300万元以及利息和违约金,共计约800万元。
The fictitious debts of the actual construction workers after collusion with a third party are common risks faced by construction enterprises in their daily operations. Moreover, the actual construction workers tend to have enough evidence with the third entry to prepare in advance. Once entering the litigation, the construction enterprises often do not have enough arguments to assume some non-existent responsibilities. In this case, the handling attorney, with the help of the rules of procedure and the examination of the court trial, forced the other party to withdraw the suit in the unfavorable situation of “zero evidence ” and avoided the loss for the enterprise. Basic case 201 In March 2011, A Construction Group received a summons from the court and sued A Construction Group and B as common defendants to the court on the grounds of the loan contract dispute, demanding the repayment of principal amount of 3 million yuan and interest and liquidated damages, totaling About 8 million yuan.