Relationship diagram
Asian Heart Network (Reporter Dongmei Yu) Shihezi regiment led a company name of the unit after the rental unit, Hospitality set off against the huge cost of rent. After leaving the leadership of nearly fifty thousand meals who pays? The behavior of the leadership positions or personal behavior is behavior? The dispute by the two People's Court, the final outcome has been.
2006 年 11 months, Shihezi public Mu Yong Hua Department took over from a restaurant. This restaurant houses owned by one company for all Shihezi regiment field.
before Li Hua was with the company signed a rental contract, agreed: Li Hua window dressing room rental company, for a term of five years from December 2005 to November 2010 only, 1.5 million annual rent housing.
the rental contract, the company commander by the Chang-ching signed and stamped by the company seal.
Li Hua restaurant business for nearly a year, in November 2006 will be transferred to the Mu Yong restaurant. The two sides agreed to the transfer agreement, the operating period with the company follow Hua lease contract. The company commander Chang-ching also signed the agreement on the transfer and indicate,
operating a restaurant during Mu Yong, Chang-ching to serve meals at the restaurant on behalf of the company, the cumulative consumption of 4.9 million yuan.
2008 年 8 months, often celebrate after the departure of the company requested return of rented housing Mu Yong, the new commander to the company on behalf of the Week star to another body of owners of rental Xi Hua Yu,
19-year-old girls living together with her boyfrie, the two sides signed a period of two years for the housing lease contract.
contract yet to come,
belstaff sale, houses were forced back, Mu Yong that he signed with the company's lease contract valid, the company will be leased to another house, a breach of contract. To find the company contends is invalid in under April 2009, Mu Yong, the company will be in the angry field and company-owned corporations often celebrate the former commander sued for the lifting of rental contract, and requested the return of the rental Farms 25000 yuan; and compensation for breach of contract and loss of 1.5 million yuan.
the case after two courts ruling differently.
verdict: Agreement not yet reached the mission field in breach of contract, compensation for loss of Mu Yong
court, the mission field that Mu Yong had never paid rent to the company, so there is no return of rent problem. Mu Yong, the company fails to pay rent, the company will house out to others does not constitute a breach of contract. Mu Yong Chang-ching restaurant individual signing consumption, without the authorization group field, so not a job behavior. Chang-ching did not offset the rent rights of meals, meals, personal commitment by the Chang-ching.
Chang-ching also argued in court: During my tenure with the Li Hua, Mu Yong, the lease contract between the behavior of all duties, meals and set off against the rent is based on the company's economic situation was the decision, the beneficiary is not I, the resulting legal consequences should not be my personal commitment.
Shihezi City People's Court sitting that: the company and the rental contract signed by Li Hua effective. Li Hua The company agreed to sublease the house to the Mu Yong, legitimate and effective behavior of the sublease. Qing-Hua Chang and Mu Yong contract with the behavior of duties on behalf of the company, while the company without legal personality, so the legal consequences arising therefrom shall be qualified by a legal commitment to the mission field. Although the mission field is not authorized to set off against the rent often celebrate with meals, but given the often celebrate special status, leading to Li Hua, Mu Yong, the delegation believed that their behavior field.
Mu Yong,
belstaff leather, meals Lingan not pay rent default claims
court held that the lease contract by Mu Yong, performed only 19 months (December 2006-July 2008) , 2.3 million yuan rent has occurred, while in the mission field for meals at the Mu Yong, has reached 4.9 million yuan, so the two sides of the lease contract is terminated, group meals should be set off against the excess market rent of 2.5 million yuan Mu Yong returned. Farms and Mu Yong's agreement does not expire, shift the rental to others, this behavior constitutes a breach of contract, Mu Yong Farms should be liquidated damages and loss of possible benefits.
Shihezi City People's Court of first instance verdict: Mu Yong and the mission field for the housing lease contract is terminated; Mu Yong Farms in the remaining rent payments of 2.5 million yuan, Mu Yong, liquidated damages and loss of 9,833 yuan.
second trial: Mu Yong, breach of contract does not pay rent, meals Lingan stand
for the first trial, refused to accept the mission field, and in August 2010 to the Intermediate People's Nong Bashi Court of Appeal.
insisted that the mission field, often as a company commander during the celebration can only be exercised within the office. Signing individual meals, not only by their mission field recognition, personal commitment, personal consumption behavior has nothing to do with the job. Farms requesting the court shall re-sentence.
second instance court, Mu Yong argued: Chang-ching as a company commander, company name many times to my restaurant to serve meals, so I have reason to believe that often represents the mission field celebration. I request to maintain the first instance ruling.
Chang-ching also insisted that: I was discharging his duties act,
belstaff panther jacket, the trial verdict is correct.
to and operated several times in the restaurant, Mu Yong consumption, the act without the authorization group field, and the relatively large amount of meals,
belstaff uk, nor into the company financial accounts, therefore, be set off against the rent agreement with the meals is not valid, the The legal consequences of this celebration by ordinary individuals.
Nong Bashi Intermediate People's Court of the view that Mu Yong never had to pay rent to the mission field, the actual celebration dinner ideas that often set off against the rent after consumption of meals, Mu Yong and this request this case does not belong to the same legal relationship, the case is rental contract disputes, claims for meals Mu Yong, because the case does not belong to the same legal relationship, it should be Lingan ideas.
Recently, Nong Bashi Intermediate People's Court made the final decision: Mu Yong and the mission field between the rental contract is discharged, dismissed other claims Mu Yong.
(text characters are not his real name)
judges say
Nong Bashi Intermediate People's Court Judge: At issue is often the case with the handling of the meals celebrate set off against the rent whether the act of performing their duties.
of engaged in corporate management or business behavior is job-related behavior, corporate legal person shall bear civil liability. Present case, the Chang-ching as a mission field under the company's commander, he signed a rental contract Mu Yong, is the behavior of their duties,
outlet belstaff, the contract was valid. Because the company does not have legal personality,
15 -year-old is raising money to kidnap 6 -year-olds killing, the legal consequences of the mission field by its legal commitments.
Mu Yong Chang-ching and set off against the rent agreement with the meal, followed by his business several times in the restaurant, Mu Yong consumption, the act has not been pre-authorized mission field, but also without the mission field after approval , and the meals into the company a large amount of financial loss has not, therefore, often Mu Yong Qing and handling of meals agreed upon with the agreement set off against the rent is invalid, the legal consequences arising therefrom shall always celebrate themselves.
case is due to rental contract dispute, the main solution to the housing rental contract is discharged, Mu Yong are super rent and breach of contract issues. Mu Yong was never due to pay rent to the mission field in advance of breach of contract, so the mission field have the right to terminate the contract. Mu Yong claim compensation penalty and loss of profits available to the request can not be established. Mu Yong claim for meals, because the case does not belong to the same legal relationship, Lingan prosecution.
also agreed in the contract: If the company defaults in advance from the premises, the rent shall be the year to 50% of the total contract to pay liquidated damages to Li Hua, or set off against the rent. If the payment of liquidated damages sufficient to cover the loss of Li Hua, the company should be liable for damages.