Merging mediation of two cases in Beihai Maritime Court

Updated : 2019-07-20

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The parties involved adopt a conciliatory attitude. 

The maritime commercial tribunal of Beihai Maritime Court merged two ship operation loan contract cases in mediation on July 17.

A more than one-year dispute was concluded in only fourteen days after being placed on file. The two plaintiffs and two defendants shook hands after the defendants paid the first arrears which amounted to 50,000 yuan for each plaintiff.

The two sides also reached mediated agreements regarding installment payments and expressed their gratitude to the judges.

In Jan 2017 and May 2018, the defendants, Chen and Pan, borrowed 250,000 yuan ($36,361) and 200,000 yuan separately from the two plaintiffs for fueling up a fishing boat and carrying out business operations, but they didn’t repay the debts in a timely way. 

The plaintiffs failed to regain the money, so they sued in the Beihai Maritime Court, seeking an order that the defendants should pay off separate debts of 265000 and 247000 yuan (principal plus total accumulated interest).

The plaintiffs’ first position was that the two defendants should pay two separate first installments 100,000 yuan plus interest.

But the defendants said that because that they were in the fishing off season and without income, they could only pay the plaintiffs 50,000 yuan each. They suggested that in three months, after resuming fishing, they could pay off the rest of the arrears by installment, but they sought exemption from all accrued interest.

Knowing that even though the two sides diverged over the issue, they both shared the strong will to mediate in the case and the defendants were faced with difficulty, the judge was able to bring about an agreement.

The result was that the defendants each agreed to pay 50,000 yuan to the two plaintiffs and the rest of the principal arrears and only half the interest was to be paid by installment beginning Nov 20.

After the mediation agreement was signed, the defendants made the separate 50,000 yuan payments to the plaintiffs.