Guangdong Dehao Runda Electric Co., Ltd. sued Zhejiang NVC Lighting Technology Co., Ltd. for the sale and purchase contract dispute, and Zhejiang NVC Lighting paid RMB 770,140,000 and interest to Dehao Runda, and lifted it. Agreement between the two parties. The following is the full text of the judgment of the People's Court of Xiangzhou District, Zhuhai City, Guangdong Province:
Zhuhai City, Guangdong Province, Xiangzhou District People's Court Civil Judgment (2014) Zhu Xiang Fa Min Er Chu Zi No. 2601
Plaintiff: Guangdong Dehao Runda Electric Co., Ltd., domicile: Xiangzhou District, Zhuhai City.
Legal representative: Wang Donglei.
Attorney: Yuan Yunjiang, lawyer of Guangdong Desai Law Firm.
Attorney: Weng Lingling, lawyer of Guangdong Desai Law Firm.
Defendant: Zhejiang NVC Lighting Technology Co., Ltd., domicile: Jianggan District, Hangzhou.
Legal representative: Li Xingxing.
The plaintiff Guangdong Dehao Runda Electric Co., Ltd. v. Zhejiang NVC Lighting Technology Co., Ltd. disputed the sale and purchase contract disputes. After the court accepted the case, it formed a collegiate panel according to law and conducted a public hearing. The plaintiff entrusted the agents Yuan Yunjiang and Weng Lingling to participate in the lawsuit. The defendant served the respondent materials and the court summons according to the law. He did not appear in court to participate in the lawsuit. The court conducted a trial in absentia. The case has now been tried.
The original told that the original and the defendant had a long-term cooperative relationship, the plaintiff supplied the defendant and authorized the defendant to distribute the relevant lighting products of the plaintiff. The 2014 Regional Operation Center Distribution Agreement signed between the plaintiff and the defendant (formerly known as Hangzhou Dongcan Lighting Equipment Co., Ltd.). After the agreement was signed, both the original and the defendant signed the â€œ2014 Annual Sale Agreementâ€. After the contract was signed, the plaintiff supplied the defendant according to the defendant's order. The supply amount in January 2014 was 751,077 yuan, the supply amount in February was 943,448 yuan, and the supply amount in March was 1966,680 yuan. The supply amount is 471,106 yuan, the supply amount in May is 2,504,732 yuan, the supply amount in June is 747,4292.8 yuan, and the supply amount in July is 2,561,378.10 yuan. From August 2014 to the present, the number of goods purchased by the defendant from the plaintiff has fallen sharply. It is understood that the defendant has been reducing the number of employees before. As of the date of prosecution, the defendant owed a total of RMB 770,1400 to the plaintiff. In summary, the accused's sales for seven consecutive months from January to July 2014 did not reach the monthly sales task, and the current credit status and operating conditions of the defendant also dropped significantly. Accordingly, the court was ordered to order: 1. Dismiss the 2014 Regional Operation Center Distribution Agreement signed between the plaintiff and the defendant and its supplementary agreement â€œ2014 Annual Sale Agreementâ€; 2. The defendant paid the plaintiff the amount owed by the plaintiff RMB 7701400 Yuan and interest (according to the calculation of the loan interest of the People's Bank for the same period, from October 1, 2014 until the date of payment determined by the court judgment); 3. The defendant shall bear the lawyer's fee of RMB 120,000 and the travel expenses of RMB 10,000 for the plaintiff. 4. The defendant bears all the litigation costs in this case.
The plaintiff provided the following evidence for its claim: 1. Distribution agreement of the regional operation center in 2014; 2. The bottom sales agreement in 2014; 3. Application; 4. Registration status; 5. Reconciliation of current account (January 2014 to August); 6, order form (September 3, 2014); 7, Guangdong Dehao Runda Electric Co., Ltd. sales outbound order (September 4, 2014); 8, Guangdong VAT invoice; Shanghai Pudong Development Bank debit/credit notice (credit) 3; 10, current account reconciliation letter, (September 2014); 11, contract cancellation notice, express delivery and delivery inquiry; 12, travel invoice; 13. Entrusted agency contract invoice.
The defendant did not submit a reply and evidence to the court.
After the trial found that the plaintiff (Party A) and the defendant (Party B) signed a "Regional Operation Center Distribution Agreement" (hereinafter referred to as the Distribution Agreement), the agreement stipulated that the agreement is valid from January 1, 2014 to December 2014. On the 31st, Party A authorized Party B to be the regional operation center for the distribution of NVC-ETI and NVC NVC products in Zhejiang. Party A authorized Party B to distribute the products of Dehao Runda LED lighting source, and agreed to sales tasks (total sales task 8500, January 680, February 340, March 935, April 680, May 553, June 807, July 680, August 680, September 850, October 680, November 765, December 850), for If the sales target has not been reached for six consecutive months, Party A will have the right to terminate this agreement and reserve the right to replace the regional operation center. Due to the above situation, Party A terminates this contract, and Party A is responsible for acquiring all the inventory of Party B (sample, slow-moving goods) , non-standard products, defective products, etc. are not included in the scope of recycling), Party B promises and guarantees unconditional cooperation, one party defaults to cause litigation, and the defaulting party must pay the litigation costs incurred and the legal fees and travel expenses paid for the litigation (pay by ticket) ). The plaintiff (Party A) and the defendant (Party B) also signed a â€œ2014 Annual Sale Agreementâ€ (hereinafter referred to as the â€œPlan Agreementâ€), which stipulates that Party A shall support Party B to open up the market, and Party A shall be from March 16, 2014. The distribution of goods is 8 million yuan to Party B. The settlement date for the bottom sales is before December 25, 2014. This agreement is a supplementary agreement for the regional distributor agreement signed by Party A and Party B. The plaintiff submitted the â€œRecord of Current Accountsâ€ from January to August 2014 to prove that the defendant had not completed the tasks agreed by the parties for more than six months.
During the trial, the plaintiff submitted a â€œReconciliation Letter for Current Accountsâ€. As of September 30, 2014, the defendant still owed the plaintiff the payment of RMB 770,1400. The defendantâ€™s account statement was marked with the official seal. The amount of the arrears is confirmed.
It was also found that the plaintiff issued a notice of termination of the contract to the defendant on September 18, 2014. The plaintiff entrusted the lawyer of Guangdong Desai Law Firm to represent the case and paid a lawyer fee of RMB 120,000. The plaintiff submitted some invoices to prove that the plaintiff sent two people to Hangzhou to handle property preservation and incurred travel expenses.
It was also found that the previous name of the defendant Zhejiang NVC Lighting Technology Co., Ltd. was Hangzhou Dongcan Lighting Equipment Co., Ltd. After the civil ruling of Zhuhai Xiangmin Erchuzi No. 2601 was issued in this court (2014), the defendant's inventory goods and bank deposits were seized.
The Court believes that the contractual relationship between the original and the defendant is the true meaning of the two parties. It does not violate the mandatory provisions of laws and regulations and is legal and effective. The plaintiff provided the goods to the defendant in accordance with the contract, but the defendant failed to complete the sales contract agreed by the two parties. The defendant has the right to terminate this agreement if the defendant fails to reach the sales target for six consecutive months in accordance with the agreement of the distribution agreement. According to the provisions of Articles 93 and 96 of the Contract Law of the People's Republic of China, the plaintiff has issued a notice of cancellation of the contract to the defendant, and the 2014 Regional Operations Center Distribution Agreement signed between the original and the defendant and 2014 The Annual Under Sale Agreement has been lifted.
According to the distribution agreement, if the plaintiff cancels the agreement because the defendant has not reached the sales target for six consecutive months, the plaintiff is responsible for acquiring all the qualified stocks of the defendant, and the defendant must cooperate unconditionally. The court seized the defendant's inventory goods and frozen the defendant's bank deposits, but the defendant still has not actively cooperated with the plaintiff to acquire the qualified inventory of the defendant. According to the agreement of the distribution agreement, the defendant must immediately settle all the payment owed to the plaintiff. The defendant has confirmed that it still owes the plaintiff the payment of RMB 770,1400. The plaintiff requested the defendant to pay the outstanding payment, and the hospital will support it.
The plaintiff requested the defendant to pay interest on the overdue payment from October 1, 2014 to the time of payment. There is a factual and legal basis, and the court supports it.
The plaintiff requested the defendant to pay legal fees and travel expenses. As agreed in the distribution agreement. The lawyerâ€™s fees paid by the plaintiff are within the scope of the fees charged by the lawyers in Guangdong Province, and the Court supports this. The travel expenses claimed by the plaintiff were too high, and the court adjusted the amount to RMB 5,000 as appropriate.
To sum up, in accordance with Articles 60 and 107 of the Contract Law of the People's Republic of China, the provisions of Article 144 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:
I. Confirmed that the 2014 Regional Operations Center Distribution Agreement signed by the plaintiff Guangdong Dehao Runda Electric Co., Ltd. and the defendant Zhejiang NVC Lighting Technology Co., Ltd. and the â€œ2014 Ending Sales Agreementâ€ have been lifted.
2. The defendant Zhejiang NVC Lighting Technology Co., Ltd. paid the plaintiff Guangdong Dehao Runda Electric Co., Ltd. for payment of RMB 770,1400 and interest (based on 770,1400 yuan) from 10 days from the effective date of this judgment, from October 9, 2014. From the date of payment to the date of payment, according to the benchmark interest rate of the People's Bank of China for the same period of time).
3. The defendant Zhejiang NVC Lighting Technology Co., Ltd. paid the legal fee of 120,000 yuan and travel expenses of 5,000 yuan to the plaintiff Guangdong Dehao Runda Electric Co., Ltd. within 10 days from the effective date of this judgment.
If the defendant fails to perform the obligation to pay the money in the period specified in this judgment, it shall, in accordance with the provisions of Article 253 of the Civil Procedure Law of the People's Republic of China, double the interest on the debt during the period of delay in performance.
The case acceptance fee was RMB 66,620 and the preservation fee was RMB 5,000. The total amount of RMB 71,620 was borne by the defendant Zhejiang NVC Lighting Technology Co., Ltd.
If you disagree with this judgment, you can submit an appeal to the court within 15 days from the date of delivery of the judgment, and make a copy according to the number of the other party, and appeal to the Zhuhai Intermediate People's Court of Guangdong Province.
Acting judge Yuan Xiaona
People's juror Lin Qiuxiang
June 25, 2015
Clerk Ren Jiemei
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