Shanghai No. 1 Intermediate people's Court
PeopleLetter of judgment
(2019) Shanghai01The end of the people1907Number
Appellant (trial plaintiff, counterclaim defendant): Shanghai SenjEnterprise Management Co., Ltd., Yangming Road, Xinghuo Development Zone, Fengxian District, Shanghai1Number9Building6Layer1910Room.
Legal representative: song Lihua, chairman.
Entrusted litigation agent: mu Daoyan, lawyer of Shanghai Yujun Law firm.
Appellee (original trial defendant, counterclaim plaintiff): Qiaofu Business Consulting (Shanghai) Co., Ltd., Yixian Road, Baoshan District, Shanghai3456Do24Number201-B.
Legal representative: Huang Dehua, executive director.
Entrusted litigation agent: Liu Bin, lawyer of Shanghai Shixin Law firm.
Appellant Shanghai HaisenjEnterprise Management Co., Ltd. (hereinafter referred to as SenjBecause of the dispute with the appellee Qiaofu Business Consulting (Shanghai) Co., Ltd. (hereinafter referred to as Qiaofu Company), he was not satisfied with the Shanghai Pudong New area people's Court (2018) Shanghai0115The beginning of the Republic of China33059The civil judgment shall be appealed to this court. Our hospital is in2019Year2Month11After the case was put on file on Sunday, a collegial panel was formed in accordance with the law, and the trial was held. Appellant SenjThe company's entrusted litigation agent Mu Daoyan and the appellee Qiaofu's entrusted litigation agent Liu Bin attended the court to participate in the lawsuit. The case is now closed.
MorijCompany appeal request: rescind items 4 to 6 of the judgment of first instance, change the sentence to support the appellant's corresponding claim of first instance, and reject the appellee's request for payment.2018Year2Month and3Monthly property management fee RMB (same as below)69,079Yuanhe2017Year12Monthly solstice2018Year3Monthly electricity charge745.28The lawsuit claim of Yuan. Facts and reasons: the appellant and the appellee in the Pudong New area of ShanghaiXXRoadXXNumberXX、XXThe room house (hereinafter referred to as the disputed house) signs the Shanghai Housing Lease contract (hereinafter referred to as the lease contract), in which both parties agree that the lease use is medical and cosmetic. After the appellant rented the house, the industrial and commercial, medical, health and other certificates have been issued, but the evacuation passageway outside the house was caused by outsiders.ZCompany (hereinafter referred to as "Company")ZAs a result of the occupation, the fire protection approval cannot be passed, and the appellant cannot use the disputed house normally. The appellee did not take any rectification measures after receiving the rectification notice from the fire department. The appellant then made a statement2018Year1Month8A lawyer was entrusted to send a letter to the appellee, requesting the appellee to receive the lawyer's letter.3The obstacles to the evacuation passageway were removed within days, and the fire safety hidden dangers of the disputed houses were removed, but the appellant still did not actively solve them. The appellant had to2018Year1Month29Reported to the Pudong New area Public Security Fire Detachment on Sunday that in the absence of progress,2018Year2Month5The appellant complained to the detachment again until the appellant2018Year3Month15After sending a letter to cancel the lease contract, the occupation of the fire evacuation passageway has not been resolved, and the appellee has breached the contract, so that the purpose of the lease cannot be realized, so the appellant has the right to terminate the lease contract of both parties, and the appellee shall pay the appellant liquidated damages and compensate the appellant for all losses. As the appellant did not actually use the disputed house, he did not agree to bear it.2018Year2Monthly sum3Monthly property management fee,2017Year12Monthly solstice2018Year3Monthly electricity bill.
Qiaofu argued that the appellant visited the disputed house several times before signing the lease contract and was very clear about the situation of the building. Although the evacuation passage has beenZOccupied by the company, but there are two exits, the glass door can be opened, does not affect the passage of the fire passage. The disputed house provided by the appellee has no defects or defects. After receiving the notice of rectification, the appellee did not refuse to do so. Therefore, the appellant does not have the right to terminate the contract. To sum up, the appellant's request for appeal was not granted. Although the appellee was not very satisfied with the judgment of first instance, he obeyed the judgment of first instance.
MorijThe company applies to the court of first instance to sue:1.The lease contract signed by both parties is2018Year3Month16Daily release2.Ordered Qiaofu Company to go to Sen.jThe company returns the deposit for house rental.937,000.62Yuan3.Ordered Qiaofu Company to go to Sen.jCompany return2018Year2Month1Day solstice2018Year2Month28Rent for the period of312,333.54Yuan4.Ordered Qiaofu Company to go to Sen.jThe company returns the deposit of property management fee103,618.50Yuan5.Order Qiaofu Company to compensate SenjPaid by the company2017Year11Month1Day solstice2018Year1Month31Property management fee during the period of103,618.50Yuan6.Order Qiaofu Company to compensate SenjPaid by the company2017Year11Monthly electricity bill378.17Yuan7.Ordered Qiaofu Company to go to Sen.jThe company compensates the design fee.198,000Yuan8.Ordered Qiaofu Company to go to Sen.jThe company pays liquidated damages937,000.62Yuan9.The fee for accepting the case shall be borne by Qiaofu Company.
Qiaofu Company filed a counterclaim request to the court of first instance:1.The lease contract signed by both parties is2018Year3Month30Daily release2.Judge LingsenjThe company pays to Qiaofu Company.2017Year11Month-2018Year1Month and2018Year3The total monthly rent1,249,334.16Yuan3.Judge LingsenjThe company pays to Qiaofu Company.2017Year12Monthly solstice2018Year3Total electricity charges and late fees during the month756.57Yuan4.Judge LingsenjThe company pays to Qiaofu Company.2018Year2Monthly solstice2018Year3Total monthly property management fee and late fee71,082.29Yuan5.Judge LingsenjThe company pays liquidated damages to Qiaofu Company.1,874,001.24Yuan6.The counterclaim fee in this case is YusenjThe company undertakes.
The court of first instance found the fact that the disputed house was owned by Qiaofu Company.2017Year10Month19Qiaofu Co., Ltd. as the lessor (Party A) and SenjThe company, as the lessee (Party B), enters into a lease contract for the disputed premises, agreeing that Party A will lease the disputed premises to Party B, with a floor area of933.50Party A knows that Party B leases the house for use in the medical and cosmetic clinic, and complies with the regulations of the state and this city on the use and property management of the house; the lease period of the house is from2017Year11Month1From the beginning to the2024Year1Month31From the end of the day2017Year11Month1Day solstice2018Year (miswritten in the contract)2017Year)1Month31During the rent-free decoration period, Party B shall only bear the obligation to pay property fees and related expenses; Party A shall2017Year11Month1A few days ago, the disputed house was delivered to Party B; the first three years of the lease (that is,2018Year2Month1Day solstice2021Year1Month31The daily rent per square meter of the house is11Yuan, the monthly rent is312,333.54Yuan,. In addition to the down rent, Party B shall pay every month1The current month's rent shall be paid to Party An a few days ago, and the first rent shall be one month's rent, totaling312,333.54Yuan, Party B in2017Year11Month1Pay to Party A before the day; Party An and Party B agree that the security deposit for the lease of the house is3Monthly rent, the first three years of the lease, the lease deposit is937,000.62Yuan. Upon termination of the lease relationship, the lease deposit collected by Party A shall be returned to Party B without interest except for offsetting the expenses to be borne by Party B under this contract. During the lease period, the water, electricity, gas, communication, equipment, property management fees and parking fees of the building shall be borne by Party B, and Party B shall pay Party An at the same time.3Deposit of property management fee for three months, total103,618.50When the lease relationship is terminated, the property management fee deposit collected by Party A shall be returned to Party B without interest except for offsetting the expenses agreed to be borne by Party B in this Article; the property management fee deposit and the house lease deposit and the first rent shall be paid at the same time. Party B shall pay the property management fee and other fees on time according to the notice issued by the property management company. From the date of delivery of the room by Party A, the property management fee shall be paid by Party B. at the request of Party A, Party B shall provide a copy of the payment voucher to Party A (such as invoice or notice, etc.). During the lease period, Party An ensures that the house and its ancillary facilities are in a normal and safe state. Party An and Party B agree that this contract shall be terminated under any of the following circumstances during the lease term:... (5) after signing this lease contract, Party B shall apply to the relevant administrative department to examine and approve the administrative examination and approval of the relevant industry, if there is an administrative examination and approval decision that is not approved because of the use of the house (for example, if the use of the house cannot operate the business of the medical and beauty clinic), Party B shall have the right to notify Party A to terminate this contract, and both parties shall not be liable for breach of contract (this clause is in2017Year11Month1Party An and Party B agree that under any of the following circumstances, the abiding party may notify the other party in writing to terminate this contract; the party in breach of the contract shall pay the other party three times the monthly rent; if the liquidated damages paid are insufficient to cover the losses of the other party, it shall also compensate for the difference between the losses caused and the liquidated damages. The total amount of liquidated damages and damages shall not exceed Party A's remaining rent receivable from Party B for renting the premises during the lease period, except in the case of circumstances (3) to (6); (1) the house delivered by Party A does not comply with the agreement of the contract, resulting in the failure to achieve the purpose of the lease; or the house delivered by Party An is defective and endangers the safety of Party B. (5) failure to pay rent beyond the time limit due to Party B's fault15(6) one party violates the terms of this contract and fails to correct its behavior or fault within 20 days after receiving the written notice of the other party or within other specified periods (if any) of this contract. In addition, in the lease contract 10, the liability for breach of contract stipulates that if there is a defect in the delivery of the house, Party B therefore notifies Party A that Party A shall repair it within seven days from the date of delivery, and if it fails to repair within the time limit, Party An agrees to waive the rent during the repair period and change the relevant rent terms. If such defects cannot be eliminated within 30 days from the date of delivery, although they have been repaired by Party A, Party A shall be deemed to have failed to deliver the premises to Party B. During the term of the lease, if Party B withdraws the lease without authorization except as stipulated in this contract, Party B shall pay liquidated damages to Party A, which shall be the monthly rent of Party B.6And Party B shall also indemnify Party A for all reasonable losses, including the three-month rent waived during the decoration period. During the lease period, during the use of the leased house, Party A shall be punished by the Power supply Bureau, the Water Bureau, the Gas Company and the relevant government administrative departments (including but not limited to late fees, fines, fines, liquidated damages) due to the fault of either party, the party causing the fault shall bear legal liability (including economic compensation liability); if economic losses are caused, either party shall have the right to demand full compensation from the party causing the fault. …….2017Year10Month31Japan, MorijThe company and Qiaofu Company went through the delivery procedures for the department house, and the staff of both sides signed the delivery form.2017Year11Month1Japan, MorijThe company pays the house rental deposit to Qiaofu Company.937,000.62Yuan, property management fee deposit103,618.50Yuan and one month's rent312,333.50Yuan.2017Year11Month29Japan, MorijThe company is going to ShanghaiXXProperty Management Company Limited (hereinafter referred to as "property Management")XXProperty company) payment2017Year11Month and2017Year12The total property management fee for the month69,079Yuan.2018Year1Month3Japan, MorijThe company reports toXXPayment by property company2018Year1Monthly property management fee and2017Year11Monthly electricity bill, total34,981.90Yuan. The above payments are made by Qiaofu Company orXXThe property company issues the general invoice of Shanghai VAT for the corresponding amount.
2017Year11At the end of the month, MorijThe company communicates with Qiaofu about the fire passage problems found.2018Year1Month8Japan, MorijThe company sent a letter from a lawyer to Qiaofu Company, saying that the fire passageway was occupied on the floor of the disputed house.jThe company's planning failed to pass the administrative examination and approval because of the fire safety, which led to Sen.jThe company was unable to decorate and use the disputed house, and asked Qiaofu Company after receiving the letter from the lawyer.3Remove the fire safety risks existing in the disputed houses within days, and ensure compliance with the fire safety regulations of the fire department. Qiaofu Company confirms that2018Year1Month9The lawyer's letter was received on the 20th.2018Year2Month27Qiaofu Co., Ltd.jThe company sent a reminder saying that Qiaofu had not yet received Sen.jCompany2018Year2Monthly rent, demand SenjAfter receiving the letter, the company1Will be in arrears within 6 working days.2018Year2If the monthly house rent is paid to Qiaofu Company, if it is not paid within the time limit, Qiaofu Company will be held responsible for breach of contract, including termination of the contract, according to the lease contract. MorijThe company confirmed that it had received the above reminder, but said in court that there was a clerical error in the reminder.jThe company has paid2018Year2Monthly rent.2018Year3Month15Japan, MorijThe company sent a notice to Qiaofu Company about the termination of the lease contract, saying that due to the illegal occupation of the fire passageway on the floor of the disputed house, SenjThe company is unable to decorate and use the disputed house. According to the lease contract signed by both parties, Qiaofu Company has constituted a fundamental breach of contract.jThe company informed Qiaofu Company that the lease contract of both parties had been terminated from the date of receipt of this letter by Qiaofu Company, and requested that it be returned to Sen.jThe company has paid the rent and deposit, pay the liquidated damages in accordance with the contract and bear SamjThe company has paid property fees, decoration and design fees and losses such as the expected benefits of failure to operate. Qiaofu Company confirmed that2018Year3Month16We have received the above letter of discharge on the same day.2018Year3Month30On the 7th, the two sides went through the procedures for the return of the disputed houses, and the representatives of both sides checked and accepted the disputed houses and signed the delivery form.
XXThe property company issued two special invoices for Shanghai value-added tax to Qiaofu Company, which showed that Qiaofu Company had paid for it.2018Year2-4Monthly property management fee,2017Year12Monthly solstice2018Year3Qiaofu Company proposes to replace the electricity bill during the month of June in the above expenses.jCompany advance2018Year2、3The monthly property management fee is69,079Yuan,2017Annual electricity charge amount196.56Yuan,2018Year1The monthly electricity charge is189.05Yuan,2018Year2The monthly electricity charge is204.06Yuan,2018Year3The monthly electricity bill is155.61Yuan, SenjThe company has no objection to the amount of property management fees and electricity charges incurred in the disputed houses during the above-mentioned period; in addition, Qiaofu Company said that the special service fee for enterprise management service in the special invoice of Shanghai value-added tax2,014.58Meta systemXXAccording to the property management contract with Qiaofu Company, the property company shall pay the principal.0.1%The late fee charged by Qiaofu Co., Ltd.jThe company pays the late fee for electricity.11.29Yuan and property fee late fee2,003.29Yuan, SenjThe company has no objection to the amount of late fee, but thinks that SenjThe company did not use the house and did not agree to pay the late fee.
MorijThe company said2017Year10Yumi, YusenjCompany (Party A) and ShanghaiAlimited company(Party B)Conclude the "Design contract", stipulating that Party An entrusts Party B to carry out it.CITIThe project design of the medical and beauty outpatient department shall be in accordance with the300Standard charge of RMB per square meter, design fee is177,000Yuan, discounted price, design fee, excluding tax, the total price is15Ten thousand yuan, the tax is6%,.2017Year12Month5Japan, MorijThe company (Party A) indicated that it had a relationship with Shanghai.BThe limited company (Party B) concludes the "Brand Image Design contract" and agrees that Party A will entrust Party B with regard to Shanghai.CLimited company carries on the brand image design, the project scope is the logo design, the brand image design, the guide design, the project design fee is4.8Ten thousand yuan,. MorijThe company said it had transferred money to Shanghai twice.AThe company pays a total of design fees.111,300Yuan, to ShanghaiBLimited transfer payment19,200Yuan.
The court of first instance held that2018Year1Month29On the 7th, the public security fire detachment of Pudong New area of Shanghai issued a "notice of order for immediate correction" to the inspected unit on the relevant report, indicating that it had found that there was an illegal fire safety act in which the evacuation passage was occupied, and required the relevant units to take measures to ensure fire safety.2018Year2Month5The public security fire detachment of Pudong New area of Shanghai2018-086Report and issue a notice of order for immediate correction, requiring measures to be taken against illegal acts occupied by the internal evacuation passageway.2018Year2Month6The report form on the handling of letters and visits of the Pudong detachment squadron recorded the registration number as2018-086Handling of reports: calls from citizens reflect the Pudong New areaXXRoadXXNumber6The fire passageway of the building is occupied, and it is considered that the main points of the reply of the relevant departments are not in line with the actual situation, and the public have not received any treatment results, and they are very dissatisfied with the results. at present, the fire passageway is still occupied, and the safety hidden danger still exists. the management department is required to send someone to rectify the blocked behavior of the fire passage as soon as possible. The investigation and handling of the response of the Pudong detachment to the Letters and visits Office are as follows:2018Year2Month5Inspector on-site inspection, after inspection, Pudong New areaXXRoadXXNumber6Building (XXThe group) occupies the inner aisle, and there is an illegal act of occupation and evacuation. During the early inspection, the inspectors have issued a notice of order to correct the illegal act of occupation and evacuation, and the property management unit has been contacted.XXThe person in charge of the group, the person in charge, said that the construction team could not be found before the year ago, and the partition wall on the aisle could not be removed. After the year, the construction team will be contacted to restore the inner walkway. At present, the safety door used for evacuation in the inner aisle is often open to ensure that the evacuation will not be affected. The whistleblower has been informed by telephone of the reply to the letter and visit. During the trial, both parties confirmed that the disputed house was delivered by602Room and605The room is composed of partitions, which can be re-divided and partitioned according to the needs of the lessee. Pudong New area, ShanghaiXXRoadXXNumberXXRoom, by an outsiderZThe company leases. MorijThe company saidZThe company packed a fire passageway into the part where it leased, and stacked articles, resulting in a lack of a fire passageway when using the disputed house, and it went to the window of relevant institutions for oral consultation and learned that the design scheme could not pass the fire control examination. however, in fact, the design scheme has not been handed over to the relevant departments for examination. Qiaofu Company confirmed that a fire passageway at the level of the house was occupied by another lessee.ZIt is used by the company, but SenjThe company can get fire protection approval by changing the design plan, but there is no evidence to show that SenjThe fact that the design of the company cannot pass the fire protection approval; in addition, Qiaofu Company requires other tenants to vacate the vouchers and time for negotiation.jThe company asked to terminate the contract after the New year and did not give the lessor enough time to solve the problem.
The court of first instance decided again.2017Year12Month4Shanghai Pudong New area Health and Family Planning Commission Xiang SenjThe company issued the document of approval for the establishment of medical institutions, which was approved and approved.jThe company operates a medical and cosmetic clinic, which is located in Pudong New area, Shanghai.XXRoadXXNumberXX、XXRoom, the instrument of ratification is valid until2018Year12Month3Day.
During the trial of first instance, Qiaofu Company withdrew its request for Sen.jThe company pays liquidated damages to it.1,874,001.24A request for yuan.
The court of first instance held that the contract established according to law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not alter or terminate the contract without authorization. MorijThe company proposed to terminate the lease contract signed by both parties. Qiaofu Company has no objection to the termination.2018Year3Month30The court of first instance confirmed that the lease contract signed between the two parties on the disputed house was rescinded. The basis and time for the termination of the contract, SenjThe company used Qiaofu Company to rent the floor fire passageway was illegally occupied, resulting in SenjThe decoration design plan of the company could not be approved by the relevant departments, and on the grounds that the purpose of the contract could not be realized, it was required to confirm that Qiaofu Company would be relieved on the date of receipt of the termination letter.jThe company proposes that the lease contract stipulates that the house delivered by the lessor does not comply with the contract, resulting in defects in the house that cannot achieve the purpose of the lease or the house delivered by the lessor, thus endangering the safety of the lessee, the lessee shall have the right to terminate the contract. The site of the dispute between the two sides is outside the disputed house, leading to one of the exits, the evacuation passage is occupied by outsiders, there are fire safety risks. According to the investigation and feedback of the relevant departments, the doors used for evacuation in the inner aisle are always open to ensure that the evacuation will not be affected, or by restoring the inner walkway, the existing hidden dangers of fire safety can be eliminated. There is no evidence that Qiaofu Company or the off-case company occupying the passageway refused to correct or cooperate, and there is no evidence that the state of the disputed house has caused Sen.jThe company cannot use it, and the purpose of the contract cannot be achieved, so SenjThe company uses this as the basis for the termination of the contract, which is not sufficient and does not meet the agreed conditions for termination. It is now required to confirm the lease contract signed by both parties.2018Year3Month16The court of first instance will not approve it if there is no basis in the law. Qiaofu Co., Ltd.jThe release proposed by the company has no objection, and2018Year3Month30The transfer procedures of the house were handled on the 20th, and the termination of the contract was confirmed by the actual act, from which the court of first instance confirmed that the contract was terminated on that day.
After the termination of the contract, if it has not yet been performed, the performance shall be terminated; if it has been performed, according to the performance and the nature of the contract, the parties may demand restitution, take other remedial measures, and have the right to claim compensation for losses. The department competition house provided by Qiaofu company is not defective in itself, but as the overall space of the commercial office building, the access to the department dispute house will indirectly affect Sen before it is restored to normal.jThe company's use of housesjThe company has the right to require the lessor Qiaofu Company to use the channel legally and to eliminate the obstruction that the channel is occupied, but in this case, SenjThe company shall give Qiaofu Company a reasonable period to complete the above-mentioned matters, and may negotiate a rent reduction with Qiaofu Company for the non-use of the house during the period; while Qiaofu Company in2018Year1Monthly receipt of MorijAfter the company requests to rectify and reform the opinions of the channel, it shall actively verify it, define the corresponding plan and time, and give the lessee a full expectation of future performance so as to avoid the occurrence or expansion of losses; if both parties have a positive will to promote the performance of the contract, there is no impossible to achieve the purpose of the contract, there are full conditions for continued performance. As a result, the contract is terminated and both parties are at fault. The court of first instance made a claim on both parties and found it as follows: first, rent; both parties2017Year10After signing the contract, make an agreement2018Year1Month31It's a rent-free period a few days ago, Sen.jThe company actually pays Qiaofu Company2018Year2Monthly rent, the contract between the two parties2018Year3Month30Released on the same day. ToshimorijThe company demands a return.2018Year2Monthly rent, Qiaofu company asked SenjThe company pays the rent-free period and2018Year3The court of first instance held that after the house was delivered, the lessee should bear the obligation to pay the rent, but the house was affected by access problems.jThe use of the company in accordance with the contract shall be waived appropriately before the obstruction is completely removed. At the same time, Qiaofu Company, as the right holder and lessor of the house, has greater obligations and responsibilities for the overall management and use of the floor where the house is in dispute. After comprehensive consideration by the court of first instance, the opinions of both sides were not supported. Second, lease property management fees, electricity charges and related late fees; the contract stipulates that the lessee needs to bear the property management fees and public utilities fees incurred during the lease period, even if the rent is not borne during the rent-free decoration period, also need to bear the obligation of property fees and related costs. MorijThe company demands a return.2017Year11Month1Day solstice2018Year1Month31Property management fees during the period; and2017Year11The monthly electricity charge was unfounded in the law, and the court of first instance did not support it. Qiaofu Company asked Sen.jCompany payment2018Year2Month,3Monthly property management fee and2017Year12Monthly solstice2018Year3Monthly electricity bill, SamjThe company has no objection to the amount incurred, which is based on the law and supported by the court of first instance. As for the late fee for property management fees and electricity charges, in view of the dispute between the two parties on the occupation of the channel, Qiaofu Company did not complete the removal of the occupation of the channel during the above-mentioned period, and there was a reason for the delay in payment of the relevant fees, so the court of first instance did not support the late fee. Third, margin; SenjAfter the termination of the lease contract, the company asked Qiaofu Company to return the lease deposit.937,000.62Yuan and property management fee deposit103,618.50Yuan, Qiaofu Company has no objection to this, and the court of first instance has granted it. Fourth, loss and liquidated damages: SenjThe company claims that Qiaofu Company should compensate for the loss of design fees.198,000Yuan and bear liquidated damages937,000.62Yuan, the court of first instance held that SenjThe company does not have the contractual right to terminate the channel because the channel is occupied, Sam.jWhen the company organized the designers to enter the site for inspection, the channel was already occupied.jBefore the channel problem is solved, the company entrusts professional designers to issue design drawings, and there are predictions and choices for the subsequent expenses; at the same time, SenjThe contracting behavior between the company and others after renting the house is a self-decision-making behavior, and the lessor cannot foresee the occurrence of the corresponding expenses.jThe company chooses to terminate the lease relationship with Qiaofu Company, as to how to deal with the contractual relationship with outsiders and how to settle the expenses, there is no basis for actual loss before the relevant means have been exhausted. Now Qiaofu Company is required to bear design losses and liquidated damages, which is not supported by the court of first instance without factual and legal basis.
The court of first instance made the following judgment: first, confirm Shanghai SenjEnterprise Management Co., Ltd. and Qiaofu Business Consulting (Shanghai) Co., Ltd. on Shanghai Pudong New areaXXRoadXXNumberXX、XXThe Shanghai Housing Lease contract signed by the Room House2018Year3Month302. Qiaofu Business Consulting (Shanghai) Co., Ltd. shall return Shanghai Sen within 10 days from the effective date of the judgment.jEnterprise Management Co., Ltd. Lease deposit937,000.62Yuan; 3. Qiaofu Business Consulting (Shanghai) Co., Ltd. shall return Shanghai Sen within 10 days from the effective date of the judgment.jDeposit on property management fee of enterprise management co., Ltd103,618.50Yuan; fourth, Shanghai SenjEnterprise Management Co., Ltd. shall pay Qiaofu Business Consulting (Shanghai) Co., Ltd. within 10 days from the date of entry into force of the judgment.2018Year2Month and2018Year3The total property management fee for the month69,079Yuan 5. Shanghai SenjEnterprise Management Co., Ltd. shall pay Qiaofu Business Consulting (Shanghai) Co., Ltd. within 10 days from the date of entry into force of the judgment.2017Year12Monthly solstice2018Year3Electricity charges during the month745.28Yuan; VI. Reject Shanghai SenjThe remaining claims of this lawsuit of Enterprise Management Co., Ltd.; 7. Reject the remaining counterclaim claims of Qiaofu Business Consulting (Shanghai) Co., Ltd. If a party with the obligation to pay money fails to perform the obligation within the period specified in the judgment, he shall double the interest on the debt during the period of delayed performance in accordance with Article 253 of the Civil procedure Law of the people's Republic of China. Fee for acceptance of this lawsuit35,032Yuan, halved charge17,516Yuan, by Shanghai SenjBurden of Enterprise Management Co., Ltd.10,433Yuan, the burden of Qiaofu Business Consulting (Shanghai) Co., Ltd.7,083Yuan; fee for accepting counterclaim cases8,345Yuan, borne by Qiaofu Business Consulting (Shanghai) Co., Ltd.7,572Yuan, Shanghai SenjBurden of Enterprise Management Co., Ltd.773Yuan.
In the second trial, the parties did not submit new evidence. After trial and verification, the facts determined by the court of first instance are correct, and the court shall confirm them in accordance with the law.
The court believes that the contract established according to law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not alter or terminate the contract without authorization. After the appellant signed the lease contract with the appellee, the appellee delivered the disputed house to the appellant according to the contract, and the appellant also paid the lease deposit, property management fee deposit and one month's rent to the appellee. After that, the two sides were attacked by outsiders because of the dispute over the fire passage outside the house.ZThere is a dispute over the occupation of the company. The appellant argued that due to the illegal occupation of the fire passage, its decoration design could not be approved by the fire department, and the purpose of the contract could not be achieved, so the appellant had the right to terminate the lease contract and require the appellee to bear liability for breach of contract. However, no matter the first or second instance, the appellant did not provide valid evidence to prove that the reason why the decoration design plan did not pass the examination and approval was that the fire passageway was illegally occupied, and from the feedback of the fire department, although the inner aisle had not been fully restored, the safety door used for evacuation was always open to ensure that the evacuation would not be affected, so the appellant thought that all the responsibility for the termination of the contract lay with the appellant, and it was difficult for the court to adopt. According to the actual situation of this case, the court of first instance confirmed that both parties were at fault on the termination of the contract, which is reasonable. Based on this determination, the court of first instance also correctly handled the consequences of the termination of the contract. Therefore, when the appellant asks the appellee to pay liquidated damages and compensate for the loss of design fees, the court will not support it. About2018Year2Monthly sum3Monthly property management fee and2017Year12Monthly solstice2018Year3Monthly electricity bill for both parties2018Year3Month30The contract is terminated and the handover is completed, so the appellant is required to bear the property management fee and electricity fee during the period, which is based on the contract. The appellant claims that he does not pay the two fees, which is not accepted by the court because of the lack of basis.
To sum up, the appellant's appeal request cannot be established and should be rejected; the judgment of first instance finds the facts clearly, the applicable law is correct, and should be upheld. In accordance with paragraph 1, paragraph 1, of Article 170 of the Civil procedure Law of the people's Republic of China, the judgment is as follows:
The appeal was dismissed and the verdict was upheld.
The fee for accepting a case in the second instance is RMB19,533Yuan, by the appellant Shanghai SenjThe burden of Enterprise Management Co., Ltd.
This judgment is final.
Presiding judge Pan Bing
Judge Qian Wenzhen
Judge Yan Jiawei
two©coachJuly 29, 2019
Clerk Zhou Xie
Attached: relevant legal provisions
Article 170 the people's Court of second instance of the Civil procedure Law of the people's Republic of China shall, after hearing the appeal case, separately deal with the following circumstances: (1) if the facts are clearly determined in the original judgment or ruling and the law is correct in application, the appeal shall be rejected by judgment or ruling and the original judgment or ruling shall be upheld;
Shanghai Shixin Law Firm
