Dalian Beiyuan Ship Outfitting Engineering Co., Ltd. v. Liaoning Dongbao Group Ship Manufacturing Co., Ltd.

Abstract

The Plaintiff sued the Defendant for delay of payment and deferral in returning the risk deposit according to three contracts concerning the construction of the same ore ship. The Defendant asserted its first defense that the Plaintiff should not be allowed to bring the three contracts together to support its claim because their subject matter was starkly different. The Defendant alternatively argued that even if the issue of subject matter was solved, the Plaintiff only proved the existence of the first two contracts and failed to prove the existence of the third contract. Hence, the Defendant asked the court to reject the Plaintiff’s claims, on the ground that the Defendant had already paid the Plaintiff more than the amount required by the first two contracts. Declining the Defendant’s two defenses, the court found fully in favor of the Plaintiff.