[introduction of the lawyer in this case] Yuan Xin, a partner of Liaoning Tongfang law firm, has successfully handled many complicated and difficult civil, commercial and administrative litigation cases. Lawyer Yuan Xin's work style is steady and steady, and his work is meticulous and serious. His legal service work has been fully affirmed by clients. He has served as a legal adviser and agent in other civil and commercial litigation cases for many times, and has rich litigation agency experience, which has saved a lot of economic losses for the parties.
[key points of adjudication] first, the validity of the lease contract; Second, on the dissolution of the lease contract; Third, the identification and treatment of liability for breach of contract; Fourth, the amount of decoration investment is determined and shared;
[basic case] in December 2011, a heating Development Co., Ltd. handed over the leased site that met the requirements of a banquet and Catering Management Co., Ltd. to the appellee. A banquet and Catering Management Co., Ltd. has been paying the lease fee for the first few months after receiving the site. However, since March 2013, a banquet catering Management Co., Ltd. has only paid part of the rental fee, and the water, electricity and heating fees have not been paid in full. A certain heating Development Co., Ltd. sent letters to urge it to pay as soon as possible, but a certain banquet and Catering Management Co., Ltd. not only ignored them, but instead sent a letter to a certain heating Development Co., Ltd. on September 30, 2013, requesting the termination of the lease contract between the two parties. Subsequently, a certain banquet and Catering Management Co., Ltd. moved out of the leased site.
[judgment result] the higher people's Court of Liaoning Province made a final judgment to terminate the contract, and a banquet catering Management Co., Ltd. paid the house occupancy and use fees, liquidated damages, decoration expenses and losses of a heating Development Co., Ltd.
[reason for adjudication] the court held that a certain banquet and Catering Management Co., Ltd. did breach the contract, and the purpose of the contract of a certain heating Development Co., Ltd. could not be realized. Therefore, the court decided to cancel the contract between the two parties and ordered a certain banquet and Catering Management Co., Ltd. to pay the residual value of decoration.
[legal basis] according to the provisions of Article 94 (3), (4), Article 97 and article 107 of the contract law of the people's Republic of China.
[lawyer's opinion] in this case, a banquet catering Management Co., Ltd. unilaterally rescinded the contract on the ground that there was an operating risk covering clause in the lease contract, that is, the lessee can unconditionally terminate the contract when the market economy declines and the consumption power declines, which will inevitably cause great losses to the interests of the client. After many arguments with the other party, it recovered nearly 30 million losses for the client.