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辽宁某机电产品进出口总公司孙起泽问: 我公司于1988年在黑龙江省黑河市开设了一个机电产品经销部,并在当地工商机关领取了《营业执照》,对外经营机电产品。今年3月份,该经销部与当地一个经贸公司签订了一份购销合同,约定向对方供应三种型号的机电产品共65台,总计价款270万元人民币,货到后付款。然而,当我方将货运到后,对方却只支付了40％的货款,并强行将货提走,虽经多次交涉,对方仍然未付余款。无奈,我方只好决定用法律武器保护自己的合法权益,向当地人民法院提起诉讼。谁知法官却告诉我们说,经销部不是独立法人,不能作为诉讼主体,要求我们必须由总公司提起诉讼。请问该法官的说法对吗?
Sun Qize, a mechanical and electrical products import and export corporation in Liaoning Province, asked: My company opened an electromechanical products distribution department in Heihe, Heilongjiang Province in 1988 and received a “business license” from the local industrial and commercial authorities to operate electromechanical products externally. In March this year, the distribution department and a local economic and trade company signed a purchase and sale contract, agreed to supply each other a total of three models of mechanical and electrical products a total of 65 sets, the total price of 2.7 million yuan, after the arrival of payment. However, when we shipped the goods, the other party only paid 40% of the purchase price and forcibly returned the goods. Despite repeated representations, the other party still did not pay the balance. Helplessly, our side had decided to use legal weapons to protect their legitimate rights and interests, and filed a lawsuit in the local people’s court. Who knows the judge told us that the distribution department is not an independent legal entity, can not be the subject of litigation, requires us to be sued by the head office. Is this judge right?