Former employees opened the gym in the name of the company, and the landlord asked the rent in one year to fail to sue to the court

Unexpectedly -the seal on the contract is privately engraved

The private seal of the tenant signed the "Shop Lease Contract" in the name of the company and themselves. Eventually, the landlord was sued by the landlord to the court for refusal to pay the rent, asking the company and the tenant to bear the rent and property fee ... Recently, the Court of Langshi Court tried to trial After the dispute over the rental contract of the house, the company that was finalized by the carved rules did not assume the payment obligations, and the tenant assumed partial payment obligations.

Sign the contract to rent the shop to open the gym

On September 3, 2019, in order to open the gym, Li Mou, a former employee of a fitness club in Shenzhen, signed the "Store Lease Contract" with a technology company (lesson) with a technology company (lesson) in Chengdu, It agreed to lease its shops located in Haining Modern City, Laoshi City. The lease period is from September 10, 2019 to September 9, 2024. The first year rent -free period is 8 months, and the rent -free period in the second year is 2 months. Essence The start standard of rent is 35 yuan per square meter per month, an increase of 5%per year from the third year. Learn the commercial management fee and central air -conditioning fee according to the construction area. The commercial management fee standard is 5 yuan per square meter per month. Party B pays 94,500 yuan as a decoration deposit and performance deposit.

On September 5, 2019, Li and a technology company in Chengdu signed a "Lease Land Confirmation Form", which stated that the case was verified by both parties. Yuan, the area of ​​calculating the management fee and the central air -conditioning fee is 1038 square meters, that is, 5,190 yuan per month. Both parties recognize the rent and related fees at the above actual area.

The landlord of the lawsuit is furious to ask for one year rent

In September 2020, due to Li's refusal to pay rents and business management fees, Chengdu issued a notice to Li on September 17 after receiving the results of no results, recovered the rental house, rejected Li to continue using it to use Essence Because Li owed related expenses, a technology company in Chengdu complained to the court with a fitness club with Li and Li, and requested to confirm that the lease contract signed with a fitness club and Li Mou in Shenzhen was terminated on September 17, 2020; required Shenzhen to require Shenzhen A fitness club and Li Mou pay 386,820 yuan a year, commercial management fee of 46710 yuan and water and electricity costs 15,497 yuan. At the same time It has the right to confiscate the performance deposit of 94,500 yuan.

In the trial of a fitness club agent in Shenzhen, the contract signed by Li in the name of a fitness club in Shenzhen was not authorized by the club. It is confirmed that the act of signing the lease contract is Li's personal behavior. According to law, Li should be responsible. A fitness club in Shenzhen should not bear any responsibility.

Li recognized the opinion of a fitness club in Shenzhen and agreed to sign a contract with a technology company in Chengdu to be his personal behavior. In this leasing relationship, when signing a contract, a technology company in Chengdu requested that the rental party must use the company as a carrier, so Li carved the seal of a fitness club in Shenzhen and signed a contract with a technology company in Chengdu with the seal of the seal. Essence However, for the expenses advocated by a technology company in Chengdu, Li believes that in the process of fulfilling the contract, the leased shops have been leaking, which seriously affects the operation. Without solving the problem of water leakage, Li did not pay the rent to a technology company in Chengdu, and due to the impact of the epidemic, the calculation of the lease period should be deducted from the impact of the epidemic.

The final judgment actually pays two months rent

After the trial of the court, it was determined that when Li signed a contract with a technology company in Chengdu, the seal of the authorized attorney stamped with a seal of a fitness club in Shenzhen was engraved by Li. Someone has been authorized, and I do n’t know how to sign a lease contract with a technology company in Chengdu, and did not accept Li to a contract with Chengdu's technology company afterwards. Therefore, the subject of the responsibility in the case should be Li.

Regarding the various claims claimed by a technology company in Chengdu, the court believes that during the use of the shop, the shop does have a water leakage problem, which will obviously affect the operation. The company's staff contacted WeChat and complained to the administrative department through the Internet. As of Li's stop operation, the problem of leakage has not been resolved. Therefore, Li's refusal to pay the rent is in line with the law's regulations on the ability to fulfill the right to defense and restlessness at the same time. It should not be determined that Li Mou constitutes a breach of contract. Established. However, a certain technology company in Chengdu has actually retracted the shop, and Li can recognize that Chengdu's technology company's litigation request to terminate the contract can be regarded as the unanimous termination of the contract between the two parties.

According to Article 566 of the Civil Code: "If the contract has not been fulfilled, the performance has not yet been fulfilled; if the performance has been fulfilled, according to the performance and the nature of the contract, the parties may request to restore the original state or take other remedial measures, and there are, and there are. Rights request compensation for losses. "Li should pay relevant fees in accordance with the contract, and Li Mou's epidemic period coincides with the lease -free period, and should not be deducted separately. However, after deducting the lease -free period in accordance with the contract, the impact of comprehensive consideration of the problem of water leakage on the house on Li ’s operation, the court reduces the rental payable according to Li’ s defense. According to Chengdu's technology company, it advocates 46710 yuan; the arrears of water and electricity costs 15,497 yuan, totaling a total of 126677 yuan. With a deduction of RMB 94,500 performed by Li, Li should also pay 31277 yuan in Chengdu's technology company. In the end, the Court of Langshi decided that the contract between the two parties was canceled. Li paid 32,177 yuan in Chengdu's technology company within 3 days after the verdict came into effect, rejected other litigation requests in Chengdu's technology company.

A technology company in Chengdu appealed to the Chengdu Intermediate Court because he refused to accept the judgment of the first instance. The court of the second instance rejected the appeal of a technology company in Chengdu and maintained the original judgment.

Sichuan rule of law reporter Zeng Changwen intern Liao Antai

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