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M County Dog Egg Mobile Phone Store is a specialized sale of major brands of mobile phones of individual industrial and commercial households, has been from D County Cuihua Company to buy star brand mobile phones, the model is that after the two parties signed the "sales contract", Cuihua Company will be the dog egg mobile phone store to buy the mobile phone to Cuishan, by Cuishan immediately through WeChat through WeChat to inform the dog egg mobile phone store "has received the goods", Cuishan went to work in M County to take the mobile phone to the dog egg mobile phone store, and Cuishan is the nephew of the dog egg mobile phone store operator Dog Dan.
During 2023, there were a number of sales and purchase transactions between the parties, and the Sales and Purchase Contracts were signed respectively.
80 on January 10, 2023.
50 on March 16, 2023.
100 on May 23, 2023.
From June 6, 2023, the price of Xingxing brand mobile phones has plummeted, and the Goudan mobile phone store verbally informed Cuishan that it refused to accept the 100 mobile phones this time.
Thereafter, Goudan Mobile Phone Store sued Cuihua Company on June 9, 2023, alleging that the plaintiff and the defendant signed the Sales Contract on May 23, 2023, stipulating that the plaintiff would purchase 100 Xingxing mobile phones from the defendant at a unit price of 5,000 yuan, with a total price of 500,000 yuan, and the plaintiff would pay the amount of the payment to the bank account designated by the defendant within 3 working days after the contract was signed, and the defendant would deliver the goods within 7 working days after receiving the payment. If the plaintiff breaches the contract, it shall compensate the defendant 5,000 yuan; If the defendant breaches the contract, it shall compensate the plaintiff 5,000 yuan. After the plaintiff paid the price of the goods in accordance with the contract, he repeatedly demanded the goods from the defendant, but the defendant has not delivered the goods to the plaintiff so far, resulting in heavy losses to the plaintiff, so the plaintiff filed a lawsuit requesting that: 1. terminate the "Sales and Purchase Contract" signed by the plaintiff and the defendant on May 23, 2023; 2. The defendant returned the plaintiff's payment of 500,000 yuan and compensated the plaintiff for the loss of 5,000 yuan.
Cuihua Company argued that the Sale and Purchase Contract signed by the plaintiff and the defendant on May 23, 2023 had been fulfilled, and the defendant had fulfilled its obligation to deliver the goods, and there was no breach of contract, so the plaintiff should not be returned to the payment and compensated for the breach of contract. Moreover, Cuihua Company provided evidence that the delivery of the goods to Cuishan was the receipt of the goods by the Goudan mobile phone store.
Comments: Cuihua Company does not need to return the payment of the dog egg mobile phone store and compensate for the loss of breach of contract, Cuihua Company has no breach of contract, and the "Sales and Purchase Contract" signed by the original defendant and the defendant on May 23, 2023 has been fulfilled. Although the contract between the two parties did not stipulate the method of delivery of the goods, the common practice between the two parties in the transaction activities was that Cuishan delivered the goods on behalf of Goudan Mobile Phone Store when Cuihua Company received the goods. TheTrading habitsIt is a common practice between the parties in trading activities that it does not violate the mandatory provisions of laws and administrative regulations and does not violate public order and good customs.
Legal basis: Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Principles of Contracts in the Civil Code of the People's Republic of China (Fa Shi 2023 No. 13) In the following circumstances, where the mandatory provisions of laws and administrative regulations are not violated and do not violate public order and good customs, the people's court may determine that it is a "transaction custom" as referred to in the Civil Code:(1) the customary practice between the parties in transaction activities; (2) Practices that are commonly adopted in the place where the transaction is conducted, or in a certain field or industry, and which the counterparty knows or should know at the time of entering into the contract. In the case of trade customs, the burden of proof rests with the party making the claim. #