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The Spanish Claimant Haniberia Espana S.L. bought winter jackets. Due to overlaps of communications and shareholders of the two Respondents from China and Hong Kong, it was not clear which of the two companies was the seller. The buyer paid the price onto a Turkish account, but never received the goods. Consequently, it sued for return of the payment.

The People's Court (Court of First Instance) Kunshan decided that an international sales contract had been concluded by e-mail. The Court found that the seller under the contract was the Chinese company Kunshan Huayue Textile and Garment Co., Ltd. (the first Respondent), with the Likun (Hong Kong) Co., Ltd. (the second Respondent) having been envisioned to be (at least?) a payee. The e-mail received by the Claimant instructing it to pay the price onto a different account in Turkey instead of China had not been sent by the seller, even though the name of the e-mail-address shown was one of the company. The e-mail had instead been sent by a third party from the Czech Republic, and the seller was successful in persuading the Court that it had nothing to do with this e-mail and did not receive payment. In this case of e-mail fraud apparently committed by an unknown third party, the People's Court Kunshan found that the buyer should have paid more attention to the legitimacy of the e-mail and, hence, should bear the negative consequences. His claim was, consequently, denied.