Case review
The plaintiff claimed that in 2018, it signed a "lease contract" with Yuxin Construction Company and began to provide leased materials to a project of Yuxin Construction Company, and then signed a "Supplementary Agreement to the Contract" in February 2019, which partially adjusted the content of the contract. The plaintiff's obligation to deliver the leased materials to Yuxin Construction Company has been fulfilled, and Yuxin Construction Company is now claiming that Yuxin Construction Company should pay rent.
Yuxin Construction Company argued that it did not participate in the negotiation of the subject matter of the contract and **, did not know anything about the content of the contract, did not accept the leased materials delivered by the plaintiff, did not pay any money to the plaintiff, and the relevant personnel of the labor subcontractor were responsible for the performance of the contract, and the leased materials were also used by the labor subcontractor, so it was not the subject of the signing of the lease contract, and the legal consequences arising therefrom should not be borne by itselfYuxin Construction Company did not know the existence of the "Supplementary Agreement to the Contract" and did not seal it, so it should not bear the main responsibility of the contract.
The dispute went through the procedures of first instance, second instance and retrial, and finally ruled that Yuxin Construction Company should pay rent to the plaintiff in accordance with the contract.
The focus of the controversy
The main points of dispute in this case are: 2023 Turning the page 1. Yuxin Construction Company is not the "actual performer" of the contract, can it be determined that it is the subject of the "Lease Contract" submitted by the plaintiff on the basis of which it claims rights?
2. Yuxin Construction Company has not stamped any seal on the "Contract Supplemental Agreement", whether it should bear the main responsibility of the "Contract Supplemental Agreement"?
Legal Determinations
In the lease contract, the tenant is stamped with the seal of "Yuxin Construction Company XX Project Department", which is stamped by the staff of the project department, and is not stamped, stolen or stolen by the plaintiff, so it is determined that Yuxin Construction Company is the lessee of the "Lease Contract". As to whether the leased materials were used by Yuxin Construction Company or by the labor subcontractor, the actual users were different, and it could not be denied that there was a lease relationship between the plaintiff and the defendant.
Although the Supplementary Agreement to the Contract was not stamped with the seals of Yuxin Construction Company and the Project Department, the two parties clearly agreed that the agreement was an integral part of the original contract, so the lessee was still Yuxin Construction Company.
Risk Warning
1. Strengthen the identification of legal risks, and do not sign contracts where the actual performer is another entity.
2. Strictly control the use of seals.
3. Strengthen supervision over the whole process of contract performance.