[Business Environment] Xuanwei Court Switching Together with outdoor special booth contract disputes

Recently, the comprehensive trial court of Xuanwei City People's Court is being promoted to optimize the business environment related work by civil litigation. The judicial organs will give the market entity to the vitality and reduce the burden, and effectively use the judicial interpretation methods to conclude together with corporate image and urban construction together Project exhibition related contract disputes.

【Introduction to Case】

In mid -April 2021, the plaintiff's advertising Co., Ltd. and the defendant signed a "Special Development Hall Design, Establishing Executive Executive and Place Lease Contract" with a city development company. Special design, production and construction services for construction project exhibitions. The construction time of the special exhibition hall is: from April-August 2021, the total contract price is 273,000 yuan. After the contract was signed, the plaintiff fulfilled the contract obligation and passed the project acceptance.

In mid -August 2021, due to the policy requirements, the plaintiff cooperated with the relevant disposal of a street office to demolish the outdoor special exhibition hall. After paying a contract price of 127,000 yuan to the plaintiff, the remaining 146,000 yuan was not paid. Because the two parties failed to negotiate, they told Xuanwei Court that they asked the defendant to pay 146,000 yuan, a default damage of 309,000 yuan, and a litigation agency service fee of 20,000 yuan.

【Hearing results】

During the trial of the case, the case -oriented judge patiently met with the applicable situation of the clause and the principle of legal agency service fee burden on advertising companies, urban development companies, etc., and actively promoted the mediation of parties to the contract. Legal interests, fully maintain and optimize the business environment by civil proceedings.

After mediation, the plaintiff only claimed that the remaining price of the contract was 146,000 yuan, and its voluntary abandonment of the defendant claimed to be 309,000 yuan and the litigation agency service fee was 20,000 yuan. The defendant stated that he would pay the remaining funds as soon as possible. The case was finally formed in a mediation payment method.

The plaintiff fulfilled its obligations in accordance with the contract and had the right to request the defendant to pay the price according to the contract; however, the liquidated damages claimed by the plaintiff were far greater than the contract price of the defendant's unpaid contract, which did not meet the legal requirements. The combination of mediation methods is not only conducive to protecting the legitimate rights and interests of both parties, but also to protect the plaintiff's right to obtain the remaining money in a timely manner.

The Xuanwei Court firmly established the concept of "the rule of law is the best business environment", exerts the functions of civil trial, and tried a similar contract case involved in enterprises and market entities, adjusted its diligence, resolved the disputes steadily, and consciously moved civil trials. The work is integrated into the governance of the social city, showing the judicial responsibility of the people's court to optimize the business environment.

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