Before and after the Spring Festival, insiders revealed that Huadu, a southern suburb of yueda, had been in arrears with suppliers for several years, and was sued for refusing to pay the supplier’s advance payment.
In this regard, Netease Real Estate inquired about the Shanghai Higher People’s Court Network and learned that Shanghai yueda Pharmaceutical Trade City Construction and Development Co., Ltd. (hereinafter referred to as"yueda") is at2016Year solstice2017In, he was sued for "entrustment contract dispute" and "commodity house pre-sale contract dispute" respectively, among which Shanghai Pinju Culture Media Co., Ltd. (hereinafter referred to as "Pinju") was the appellant in the case of "entrustment contract dispute".
Plaintiff: If you don’t recognize it, other companies will be dragged to death.
Facing the contact and interview with Netease Real Estate, the person in charge of Pinju said:"At that time, the person in charge of yueda told us to do activities. The money of the suppliers was first paid by us, and their company would pay for it, but later it was denied."
At the scene, the person in charge showed the chat records of WeChat and told Netease Real Estate:"These are the emails and WeChat confirmed by them at that time. When we first went to yueda, the other party’s lawyer told us that if we could produce evidence that they said (the money) would be paid by them, then their company would pay. After we produced the evidence, the lawyer retorted that he said this personally, and we have opinions and can sue him personally. We are not a particularly big company. These millions of arrears may be nothing to developers, maybe just one or two houses, but they are very important to us. A company smaller than us can completely drag down the business. "
According to Netease Real Estate, Pinju is responsible for the population mentioned."Activities with a lot of money" is led by Pinju organization and lasts for nearly a year.fourThe capital cost of the next month’s off-line exhibition includes venue, materials, construction, deduction, bee dispatch and so on.
The location and specific activities of these offline activities were confirmed by yueda before they were implemented.
Lawyer: Is it the entrustment contract or the sole agency contract that is the key to a case?
Facing the case of Huadu entrustment contract dispute in the southern suburb of yueda, lawyer Li Xiaomao, deputy director and partner of Shanghai Zhongxia Xubo Law Firm, said in an interview with Netease Real Estate:"yueda’s case, the focus is on the contract, he is a contract, or a sole agency risk contract? There is a difference here. If it is an entrustment contract, yueda needs to repay the money they put in. If it is an exclusive agency risk contract, the money they give is part of the marketing strategy, and finally the commission is based on the transaction result. "
According to Netease Real Estate’s verification to the person in charge of Pinju, the contract signed with yueda looked up as follows"Principal-agent contract", in which, for the offline activities, only the venue fee is restricted to be paid by yueda, but other related expenses such as materials, construction, deduction and bee dispatch are not agreed. And it is this part that has not been agreed that has generated a lot of money.
In this regard, lawyer Li Xiaomao believes that the part that has not been agreed upon should be determined according to the relevant legal provisions."So the most important thing here is the identification of this contract. If it is an entrustment contract, the developer should pay this fee. If it is an exclusive agency contract, the developer should pay the commission for the transaction result."
It is understood that the signing of the title between Pinju and yueda isIn the "principal-agent contract", in addition to the online and offline activities, there is also an agreement on the commission part, which is for each set8000Yuan RMB. Yueda insists that this contract is an exclusive agency risk contract, so it refuses to pay the supplier’s funds.
The promotion period lasted for four months, and the cooperation was unilaterally terminated before signing the contract.
However, the person in charge of Pinju told Netease Real Estate that after the above-mentioned tour activities, Huadu in the southern suburbs of yueda has accumulated a total of transactions.311Yueda unilaterally terminated its cooperation with Pinju shortly before the unified transaction.
"We have done so many activities and promotions for them before, and when they sign the contract, they will cancel the contract with us." The person in charge of Pinju took out part of the transaction list and the guide list and showed it to Netease Real Estate. "This is our guide list at that time. Please take a look at the people on these lists first. This is the list of online signing data that was later signed with yueda. There are many people who are duplicate. We have reason to suspect that after these people canceled the contract with us, they re-signed the contract with the developer in other ways and directly skipped us."
In fact, the cooperation between yueda and Pinju was common several years ago."E-commerce mode", at that time, Pinju, as the main online guide platform, diverted customers to Huadu, a southern suburb of yueda, and charged a certain e-commerce fee. In the offline part, Pinju also undertakes the promotion and implementation of some activities, and in the process, a large number of offline activities expenses appear.
Among them, if it is based on online, yueda needs to pay for each set.8000Rmb commission, and if it is based off-line, yueda will have to pay the promotion and implementation fees of all activities of Pinju. However, up to now, yueda has not paid both of them.
According to the data, Huadu in the southern suburbs of yueda is actually40Commercial and residential projects with property rights in 2000 were mostly listed in hotel-style apartments before Shanghai completely stopped commercial and residential projects. According to Netease real estate query online real estate information, the total number of sets before Huadu in the southern suburbs of yueda suspended sales.3358Total number of sets sold2408Set.
One side is"e-commerce model", one side is "commercial housing"; One party thinks it is an agency contract and the other party thinks it is an exclusive agency contract; This "entrustment contract dispute" between yueda and Pinju will be held on2018year2moon28Sunday afternoon16point00It is held in the 21 ST court of Fengxian Court.
In the changing real estate market, with the improvement of regulation and policies and regulations, the judgment of this case may have certain reference significance, Netease Real Estate reported exclusively.
