Dalian court accused of counterfeiting notice

On Aug. 21, the Dalian Wanguo Shopping Plaza Company submitted a "handwritten verification follow-up letter" to the Dalian Municipal Intermediate People's Court, requiring the court to carry out a judicial identification on a suspicious "counterfeited" lawsuit withdrawal note and declared that it would reserve the right to investigate the criminal responsibility of the counterfeiter. 

The judicial identification appeal is beyond the goal of asking the Dalian Wal-Mart for the rent and probably will take the Dalian Municipal Intermediate People's Court to the court too.

The compulsory execution achieved nothing in past six years

Since the first arbitration judgment was made in 2005, the lawsuit between the Dalian Wal-Mart and the Dalian Wanguo has been adjudicated three times. 

"In all the two arbitration judgments and one compulsory execution judgment by the court, the Dalian Wanguo was the winner party. But, 10 years has passed and we has not got any compensation," the board chairman of the Dalian Wanguo Lin Conghong told the reporter of the China Business News on Aug. 23. 

In 1999, the Dalian Wanguo and the Dalian Wal-Mart signed an agreement: The Dalian Wanguo would provide the money and land and construct a special Sam VIP store in the Ganjingzi District of Dalian according to requirements of the Dalian Wal-Mart, and such things as the construction drawings and materials would be arranged according to the Dalian Wal-Mart's requirements. 

According to their cooperative agreement, June 11 of 2002 would be the deadline for the delivery; the Dalian Wal-Mart would rent the store as the lessee party, the annual rent would be a little more than 10 million yuan, and the lease term would be 15 years. 

"But the Dalian Wal-Mart has never paid any rent since it signed the agreement and took over the place in 2002. Currently, it is behind with a rent of more than 100 million yuan," said Lin. 

In November of 2011, the Focus Report program of the CCTV reported this issue with the title "Why Wal-Mart Again?" Then, The Wal-Mart (China) Investment Company ("Wal-Mart China" for short) gave a public response for the first time, saying that the Dalian Wanguo, due to such reasons as the lack of capital, inadequate certificates and disordered management, could not deliver the site in August of 2001 according to the contract. It severely delayed the Wal-Mart's plan of opening a store in Dalian and therefore the Wal-Mart side terminated the contract. 

"On June 11, 2002, we and the Dalian Wal-Mart officially signed the document and delivered the site. From then on, they started to take over the working. Both sides have the signed document." Lin believes that the Dalian Wal-Mart's actions signing the document and taking over the site conflict with the Wal-Mart China's statement. 

Anyway, on April 28, 2005, the arbitration award ([2005] China trade arbitration Beijing award No. 0168) made by the China International Economic and Trade Arbitration Commission clearly arbitrated that the Dalian Wal-Mart should pay the rent to the Dalian Wanguo. 

Four months later, the Dalian Wanguo applied a compulsive execution to the Dalian Municipal Intermediate People's Court and the application was accepted. On Sep. 25 of 2006, the court initiated the compulsive execution. 

Lin told the reporter that after the compulsory execution, they have not been paid any rent by the Dalian Wal-Mart within the prescribed period. Although the CIETAC had made an arbitration to maintain the first instance judgment, the Dalian Wal-Mart restarted a procedure and proposed the request of a second arbitration.

The second arbitration still maintained the previous verdict, but Dalian Wanguo did not get more support from it. The court had enforced the case for six years but Dalian Wal-Mart had not repaid rent to Dalian Wanguo.