先开票后付款司法风险剖析及防备（国外英文资料）.doc

先开票后付款法律风险分析及防范（国外英文资料） The peoples court shall, as a buyer, prove that the payment obligations have been fulfilled by the ordinary invoice. Fourth, relevant case analysis Chengdu chengguang industrial co., LTD. Is a building materials distributor in qingbaijiang district, and in the second half of 2001, we sold more than 1.52 million yuan of steel to the chengdu company. But the cooperation between the two sides has since been unpleasant. In September 2002, the company pushed the company to the dock, citing an non-payment of more than 820,000 yuan. In court, the evidence provided by the company included supply agreements, steel delivery orders and receipts, as well as a bank transfer voucher for 700,000 yuan. The main evidence provided by the company is a full invoice from the company. The plaintiff into a broad company thinks: trade in with companys process, we should be each others requirements, to the first company to issue the invoice, and then to collect payment for goods. More than 820,000 yuan has been unpaid. In a buyers market, the customer is god, is common in the business operation skill with the invoice first, so specific in this case, the invoice is not proof of payment, can only prove that both quantity and amount for sales of goods, the company didnt receive the companys cash payment and invoice is drawn before the payment, so you cant do. The defendants industrial company in chengdu, argues that the rest of the payment in cash payment for more than 820000 yuan, the evidence is this three full sales invoice, into a wide company has the full amount of the sales invoice that is for us the evidence. According to article 3 of the invoice management method of the Peoples Republic of China, the invoice in hand is the certificate that the company has paid off the payment. In August 2003, the peoples court of chengdu qingyang district made a trial ruling that the company should pay the payment and interest of the company. The company appealed to the chengdu