I know they lost. But are you sure it's just RMB 3M? There is talk of RMB 300M here but I don't know what it's about.
People's Court of Weibin District, Baoji City, Shaanxi Province
Civil Judgment
( 2020 ) Shaanxi 0302 Early Republic 907 No.
Plaintiff: Baoji Yonggu Concrete Co. , Ltd. , domiciled in Weibin District , Baoji City, Shaanxi Province , with unified social credit code XXXXXXXXXXXXXX1786 .
Legal representative: Shen Shanshan, chairman of the board.
Entrusted litigation agent: Ye Jianxin, general manager of the company .
Entrusted litigation agent: Yang Chengke, director of the company's office .
Defendant: Gansu XX Road Museum Co., Ltd., domiciled in Suzhou District , Jiuquan City, Gansu Province , unified social credit code 91620900789635336 U.
Legal representative: MeiPing Wu, chairman of the board.
The plaintiff Baoji Permanent Concrete Co., Ltd. (hereinafter referred to as permanent concrete company) v. Defendants Gansu XX Road Museum Co., Ltd. (hereinafter referred to as XX Road Museum Company) contract dispute case, the Court in 2020 Nian 2 Yue 20 after the filing date, according to the law The simplified procedure was applied, and the trial was held in public. The plaintiff Yonggu Concrete Company entrusted litigation attorneys Ye Jianxin and Yang Chengke to participate in the lawsuit in court. The defendant XX Road Museum Company was legally summoned by this court and failed to appear in court without a justifiable reason. The case has now been concluded.
Permanent concrete company this court the plaintiff filed a claim: 1 , order the defendant to pay the plaintiff 324 million and liquidated damages 25 . 92 million (liquidated damages to 324 million as the base, since 2019 Nian 8 Yue 28 date of month interest rate 2 % calculated sums paid to date, calculated up to 2019 Nian 12 Yue 28 day 25 . 92 million); 2 , case litigation costs borne by the defendant. Facts and reasons: 2018 Nian 8 month, the original, is reported both sides of equality, signed a "concrete production line construction letter of intent" on a voluntary basis, agreed: the plaintiff in the construction of commercial concrete defendant mixing station, accused the construction of Gansu Province XX The highway museum project provides concrete; the plaintiff is responsible for the funds and equipment required for the construction of the concrete mixing station, and the defendant is responsible for the relevant station construction procedures; the plaintiff pays the defendant a contract performance bond of 2 million yuan and management fees1 million yuan; and other content was agreed at the same time. After the contract came into effect, the plaintiff paid a performance bond of 2 million yuan and a management fee of 1 million yuan in accordance with the agreement , but the contract signed by both parties has been unable to perform due to the defendant. 2019 Nian 8 Yue 1 Ri and 9 Yue 1 , the former accused the two sides signed a "supplemental agreement", agreed the defendants in the same year 8 Yue 1 Ri and 9 Yue 1 , the two sides plaintiff and defendant signed a "supplemental agreement", agreed to the defendant in the same year 8 Yue 28 Riqian a one-time refund of the plaintiff 200 million performance bond and interest 24- million, 11 Yue 30 Riqian refund of the management fee 100 million; if the defendant can not schedule a refund, the defendant since 2019 Nian 8 Yue 28 date press day 0 . 1% Bear the liquidated damages until the payment is paid in full. So far, the defendant has not been able to refund the aforesaid sums . In order to protect the lawful rights and interests of the plaintiff, the lawsuit was brought to the court and the judgment was requested as requested.
The defendant XX Road Museum Company did not respond.
Permanent concrete plaintiff lawsuit filed by law firm around the "concrete production line submissions," a part "of concrete mixing station construction and operation contract" 1 part "agreement" 1 part "Supplemental Agreement" 1 part "payment commission book " 1 part, transfers voucher 4 copies , " a copy of the letter of appointment "and" power of attorney "for each 1 part. The defendant XX Road Museum Company did not appear in court and therefore did not issue a cross-examination opinion on the above evidence. The Court finds that the above evidence are to be accompanied by evidence of volume, on the facts found as follows: 2018 Nian 8 Yue 27 , the plaintiff permanent concrete company (B) and Gansu XX Road Museum project company headquarters (Party) signed a "concrete The “Letter of Intent for Production Line Construction” stipulates that the two parties plan to build a commercial concrete mixing station in the XX Park , XX Hall , XX Road, Gansu Province . The management fee charged by the project headquarters is calculated at 5 % of the supply price of each party. Party B is on the date of signing the letter of intent. A management fee of 1 million yuan must be paid in advance to the project headquarters . The prepaid fee is included in the total management fee, and the later management fee will be charged according to the construction progress and the production volume. On the same day, the Project Headquarters of Gansu XX Road Museum Company issued a "Payment Letter of Attorney" to the plaintiff Yonggu Concrete Company.2018 Nian 8 Yue 27 signed a "letter of intent for the construction of concrete production line," according to the letter of intent agreement, the Company shall pay my project department management fee 100 million yuan, the project headquarters I appoint you this sum of money paid to Marvin name After the payment reaches Zhang Jiandong’s name, it is deemed that our project headquarters has received this management fee, and all legal consequences arising therefrom shall be borne by our project headquarters. "Gansu XX Road Museum project company headquarters and Marvin in the" signature on payment order "and sign it. Subsequently, the plaintiff Marvin permanent concrete company to transfer 100 million. 2019 Nian 10 Yue 1 , the plaintiff permanent concrete company Gansu XX Road signed a museum project company headquarters "agreement" an agreement, 1 , 2018 Nian 8 Yue 27 days, and B sides reached a "letter of intent for the construction of concrete production line," charged accordingly Party Party prepaid management fee 100 million, but the cause of the Party mutually agreed cooperation projects can not be implemented so far. 2 , a and B sides by consensus, Party agrees and warrants in 2019 Nian 11 Yue 30The management fee of 1 million yuan paid in advance to Party B was refunded a few days ago . 3 , Party A Party B can not be returned on time management expenses arising from the performance of this Agreement or event of a dispute, then Party B is willing to follow the defendant XX Road Museum Company in 2019 Nian 8 Yue 1 agreement signed the "Supplemental Agreement" solution The disputed place, channel, standard and method shall bear liquidated damages to Party B. The plaintiff Yonggu Concrete Company, Gansu XX Road Museum Company Project Headquarters and Zhang Jiandong signed and signed the Agreement.
2018 Nian 8 Yue 28 , the plaintiff permanent concrete company (B) and the defendant XX Road Museum Company (Party) signed a "concrete mixing plant construction and operation contract" an agreement, the two sides on commercial concrete mixing station construction and Gansu Province XX Contracts were signed for the production and supply of concrete for the road museum project. The construction site for the commercial concrete mixing station is located in the XX Park of the XX Road Museum XX Road , Gansu Province of Party A. The project establishment, site selection, environmental assessment, approval, etc. of the concrete mixing station Party A is responsible for handling the related station construction procedures and is provided to Party B free of charge. The site area should be no less than 150 mu; Party B is responsible for the construction of the commercial concrete mixing station, and Party B is responsible for the funds and equipment required for the construction of the station. The total investment is 2500 per month. Ten thousand yuan; Party B must pay party A a performance bond of 2 million yuan to the bank account designated by Party A on the date of signing the contract . This contract will take effect on the day. After the station is built, the deposit will be returned according to the contract performance. Subsequently, the plaintiff Yonggu Concrete Company transferred 2 million yuan to Gansu Meishen Building Decoration Engineering Co., Ltd. 2019 Nian 8 Yue 1 , the plaintiff permanent concrete company (B) and the defendant XX Road signed a "supplemental agreement" Museum Company (Party A) an agreement, Party A reason which makes both parties signed the "concrete mixing plant construction and operation contract "Book" and subsequent agreements cannot be performed, and the two parties reached the following agreement: 1Party promised in 2019 Nian 8 Yue 28 before the date of a one-time refund of deposit paid by Party B 200 yuan. And pay the interest of 240,000 yuan ( 12 months * 2 million yuan * 1 %/month) of the capital occupation as agreed in the advance supplementary agreement , and Party B agrees. 2 , if Party A non-refundable deposit and interest on time, voluntarily liquidated damages, liquidated damages calculated approach: since 2019 Nian 8 Yue 28 day money back clear starting to date, the daily bear 0 . 1 % of the liquidated damages. 3. After this supplementary agreement comes into effect, all contracts, documents, and agreements previously signed by both parties on the XX Road Cultural Expo Park construction project, and any conflicts with this supplementary agreement, shall be subject to the provisions of this supplementary agreement. 4. Due to a dispute in this agreement, the negotiation fails, and both parties agree to resolve it through the litigation procedure of the people's court in the jurisdiction of Party B.
Another investigation, 2016 Nian 8 Yue 5 days, the defendant XX Road, the museum issued by the company "appointment" to Xianyang Real Estate Co., Ltd. Hengtai Er copy reads "by the Division I decided to appoint you as the legal representative Marvin 'Gansu XX Road, a construction project 'headquarters commander. term of 2016 Nian 9 Yue 1 to 2019 Nian 12 Yue 31 ended day. "On the same day, the defendant XX Road, the museum issued by the company to Xianyang Real estate Co., Ltd. Hengtai Er" Attorney "Book", the content is "Our company authorizes Zhang Jiandong, general manager of Xianyang Hengtaier Real Estate Co., Ltd., to be responsible for the negotiation and management of "Gansu XX Road Phase I Construction Project " on behalf of our company , and it is hereby authorized. Authorized period of 2016 Nian 9 Yue Zhi 2019 Nian 12 months. "The defendant XX Road Museum Company signed the above two documents.
This court believes that the parties should fully perform their contractual obligations. The "Concrete Mixing Station Construction and Operation Contract" and the "Supplementary Agreement" signed by the plaintiff Yonggu Concrete Company and the defendant XX Road Museum Company did not violate the mandatory provisions of laws and regulations and were legal and effective. Both parties should perform their respective obligations in accordance with the contract. 1. Regarding the validity of the "Concrete Production Line Construction Intent" and "Agreement" signed by the plaintiff Yonggu Concrete Company and the project headquarters of Gansu XX Road Museum Company. In this case, although the plaintiff company and the permanent concrete Gansu XX road above duplicate contracts museum project headquarters company signed without the defendant XX Road, the museum's confirmed or ratified, but the defendant XX Road museum company issued a "letter of appointment" and " Authorization letter, and after the two parties signed the letter of intent, the plaintiff Yonggu Concrete Company and the defendant XX Road Museum Company signed the “Concrete Mixing Station Construction and Operation Contract”. The plaintiff Yonggu Concrete Company has sufficient reasons and evidence to prove that its transaction partner is the defendant company . To sum up, the above two contracts are the true intentions of both parties and do not violate the mandatory provisions of the law. They are valid contracts . The defendant XX Road Museum Company shall bear the responsibility for the above two contracts signed by its project department. 2. Regarding the termination of the contract. 2019 Nian 8 Yue 1 , the former, the defendant signed a "supplemental agreement" from both sides of the meaning of that agreement, it can be seen because the defendant XX Road reason the museum's causing the two sides signed the "concrete mixing plant construction and operation contract" can not continue fulfill,For the termination of the contract agreement, it shall be deemed involved in the "concrete mixing plant construction and operation contract" in 2019 Nian 8 Yue 1 Ri desirable released by both parties. 2019 Nian 10 Yue 1 , the former, the defendant signed the "agreement" from both sides of the meaning of that agreement, it can be seen because the defendant XX Road reason the museum's causing the two sides signed a "letter of intent for the construction of concrete production line" also can not continue to perform, for the termination of the contract agreement, it shall be deemed involved "concrete production line construction letter of intent" in 2019 Nian 10 Yue 1 Ri desirable released by both parties. 3. Regarding the refund and liquidated damages claimed by the plaintiff. Both the plaintiff and the defendant agreed in the "Supplementary Agreement" and "Agreement" signed by both parties on the amount of the refund and the calculation method of the liquidated damages. The Court finds that the defendant XX Road Museum concrete existence plaintiff company should return the company 300 million yuan and pay liquidated damages of 24- yuan ( 300 million as the base, since 2019 Nian8 May 28 clear till the day ended funds, according to the monthly interest rate 2 meter pay%).
In summary, in accordance with the "People's Republic of China Contract Law" Article 44, Article 60, Article 66, the Jiushi San article first paragraph , Article 97, Article 107 of the Provisions, the verdict is as follows:
First, the defendant Gansu XX Road Museum Ltd on the effective date of this decision within thirty days of the return of the plaintiff Baoji permanent concrete limited liability company 300 million will pay liquidated damages of 24- Wanyuan (to 300 million as the base, since 2019 Nian 8 From the 28th of the month to the day when the payment is settled, the monthly interest rate is 2 %) .
2. The other claims of the plaintiff Baoji Yonggu Concrete Co., Ltd. were rejected .
If the defendant fails to perform the obligation to pay money within the time limit specified in this judgment, he shall pay the debt interest during the delayed performance period in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China.
The case acceptance fee was 34,790 yuan, which was halved and charged 17,395 yuan, which was borne by the defendant Gansu XX Road Museum Co., Ltd.
If you disagree with this judgment, you can submit an appeal letter and a copy to this court within 15 days from the date of service of the judgment, and appeal to the Intermediate People's Court of Baoji City, Shaanxi Province, and pay the appeal case acceptance fee in advance (Bank of Account: Industrial and Commercial Bank of China) Limited by shares, account number: XXXXXXXXXXXXXXX7652 , account name: Intermediate People's Court of Baoji City, Shaanxi Province) . If the appeal case acceptance fee is not paid within seven days after the expiration of the appeal period, the appeal shall be automatically withdrawn. Not appeal within the statutory period , or after the withdrawal of the appeal, the judgment that is legally effective , the parties should conscientiously fulfill all the obligations of the judgment . If one party fails to perform, the right holder may apply to the people's court for compulsory execution. The time limit for applying for execution is two years, and the time limit shall be calculated from the last day of the execution period stipulated in this judgment .
The trial judge member Tianhong Juan
May 15 , 2020
Book record member Zhu Ye
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