1. Overview of the case:
On August 18, 2017, Company A and Company B signed the Lease Contract, stipulating that Company A would lease the XX house in Wuxi City to Company B for the purpose of operating a fitness swimming pool, with a lease term of 10 years, a rent of 300,000 yuan for the first four years, and a rent-free period of 12 months. In May 2018, Company A received an enforcement notice from the Xishan Court requesting the withholding of 800,000 yuan in rent to be paid, and requested to wait for the court's notice before paying the rent. Thereafter, Company A transferred and paid 300,000 yuan in rent to the account of Company B that was seized by the court, and in November 2019, with the approval of Qian Ke, the legal representative of Company B, transferred and paid 20,000 yuan in rent to its WeChat transfer. On March 12, 2020, the parties agreed again on the term for payment of rent, but then Company B transferred all assets to a third party, and on March 27, 2020, issued a notice of termination to Company A, requiring Company A to vacate the leased land within 10 days, resulting in Company A being unable to continue its business. Company B's unauthorized transfer of assets including the site and equipment involved in the case during the lease period constituted a breach of contract, and it had no right to terminate the lease contract, and should be liable for compensation for the decoration losses caused to Company A by its breach of contract, so it sued the court.
2. The verdict of this case:
The defendant Company B compensated the plaintiff Company A for the loss 1166604$3.
3. In this case, the crux of the case is as follows:
1.How did Company A determine the loss of the present value of the decoration and decoration of the house involved in the case?
2.For the loss of the present value of decoration, how should the two parties share the responsibility.
4. Lawyer's analysis and views:
On May 4, 2018, Company A received a detailed notice of assistance from the court to stop paying the rent of RMB 800,000 to Company B and wait for the payment notice, so Company A's act of stopping the payment of rent to Company B did not violate the contract's agreement on the payment period. After carefully inquiring about the specific circumstances and process of the dispute between Company A and Company B, the lawyer debated and debated the entire process and the relevant evidence provided by the parties from a legal perspective and logic, and successfully determined that Company B's act of transferring the assets involved in the case to others before the payment period expired violated the agreement and was at fault, and should compensate Company A for the losses caused thereby.
5. Lawyer's Tips:
If you encounter a dispute over a housing lease contract, you need to pay special attention to:
1.Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act;
2.After a civil juristic act is invalid, revoked, or determined not to take effect, the property acquired by the actor as a result of the act shall be returned;where it cannot be returned or there is no need to return it, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby;Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.