The contract stipulates that the plaintiff will carry out the soft decoration project of the 139-square-meter model house for the defendant's Phase II of the Haifengyuan project, including furniture, accessories, decorative paintings, decorative lamps, curtains, bedding carpets,

On September 4, 2019, the plaintiff Jingce Soft Decoration Design Co., Ltd. and the defendant Dongneng Real Estate Development Co., Ltd. signed a decoration and decoration contract. The contract stipulates that the plaintiff will carry out the soft decoration project of the 139-square-meter model house for the defendant's Phase II of the Haifengyuan project, including furniture, accessories, decorative paintings, decorative lamps, curtains, bedding carpets, floral art and other interior decoration ornaments for optimization design, production, transportation, layout, and cleaning of the site. The contract construction period is from August 28, 2019 to September 30, 2019, with a construction period of 34 days, with a price of 430,000 yuan; the payment method is: 1. Party A pays an advance payment of 40% of the total contract price; 2. Before the soft decoration is placed and installed, it is confirmed by Party A that all the furniture, soft decoration and other materials have been fully stocked and loaded, and will be paid to 70% of the total amount of this contract within 15 working days; 3. After the project is completed, Party A pays 90% of the contract price; 4. After the project is settled, Party A pays 95% of the settlement amount; 5. Set aside 5% of the settlement amount as a deposit, with a warranty period of 24 months. The contract stipulates that before Party A pays each time, Party B shall provide Party A with an equal amount of regular tax invoice, and the invoice type is VAT ordinary invoice . If Party B fails to provide the invoice, Party A has the right to refuse payment and shall not bear any liability. On November 14, 2019, the plaintiff and the defendant conducted project handover and acceptance. The defendant Dongneng Real Estate Development Co., Ltd. successively paid the plaintiff the renovation fee, but still owed 129,000 yuan but failed to pay. The plaintiff has issued an invoice of RMB 387,000 (excluding the warranty amount of RMB 43,000).

In March 2019, the plaintiff and the defendant Dongneng Real Estate Development Co., Ltd. signed a decoration contract. The contract stipulates that the plaintiff is the defendant to carry out the construction and decoration of the model house soft decoration project of Haifengyuan Phase 5 Phase 2. The construction content includes a model room A building area of ​​110 square meters, a B building area of ​​90 square meters, and a C building area of ​​135 square meters. The construction period is from March 20, 2019 to April 20, 2019, the construction period is 31 days, the total contract price is 1.17 million yuan, and the warranty with a reserved settlement amount of 5%, with a warranty period of 24 months. The contract stipulates that before Party A pays each time, Party B shall provide Party A with an equal amount of regular tax invoices and an ordinary invoice of VAT type. If Party B fails to provide the invoice, Party A has the right to refuse payment and shall not bear any liability. On June 28, 2019, the plaintiff and the defendant conducted the project handover and acceptance, and the defendant Dongneng Real Estate Development Co., Ltd. successively paid the plaintiff the decoration fee, but the warranty amount was still owed 58,500 yuan but not paid. The plaintiff has issued an invoice of 1.1115 million yuan (excluding the warranty amount of 58,500 yuan). The defendant Yidongneng Real Estate Development Co., Ltd. is a company type of other limited liability company, and the shareholder is the defendant Erwangji Equity Investment Co., Ltd.

The plaintiff Jingce Soft Decoration Design Co., Ltd.'s lawsuit request to the court is: 1. Order the defendant to pay the contract amount to the plaintiff 187,500 yuan and pay an interest loss of 2,255 yuan (the interest is based on the principal of 187,500 yuan, and it is temporarily calculated at an annual interest rate of 3.7% from December 4, 2021 to 2,255 yuan on March 31, 2022, and the liquidated damages will be calculated according to this standard until the date of liquidation); 2. Order the defendant two to bear joint and several repayment liability for the above-mentioned debts of the defendant one.

first instance court held that the two decoration and decoration contracts signed by the plaintiff and the defendant were legal and valid. Now the plaintiff has constructed the project and delivered the project to the defendant for use. The defendant should pay the remaining project funds to the plaintiff. Among them, the 139-square-meter model house soft decoration project funds for the second phase of the Haifengyuan project was 129,000 yuan, and the 5th phase of the Haifengyuan model house soft decoration project funds for the second phase of the Haifengyuan project was 58,500 yuan, totaling 187,500 yuan. The plaintiff's request and standards for the defendant to pay interest are reasonable and are supported in the first instance. The interest is based on the principal of RMB 187,500, and will be calculated at the annual interest rate standard of 3.7% until the date of liquidation from December 4, 2021. Regarding the plaintiff's request to claim that the defendant Wangji Equity Investment Co., Ltd., the shareholder of Zhang Dongneng Real Estate Development Co., Ltd. bear joint and several liability, the defendant Dongneng Real Estate Development Co., Ltd. is a wholly-owned enterprise controlled by the defendant Wangji Equity Investment Co., Ltd., according to Article 63 of the " Company Law ", if the shareholders of one-person limited liability company cannot prove that the company's property is independent of the shareholder's own property, they shall bear joint and several liability for the company's debts.The defendant Wangji Equity Investment Co., Ltd. in this case did not provide evidence to prove it, so the defendant Wangji Equity Investment Co., Ltd. bears joint and several liability for the above-mentioned debts . Regarding the defendant Wangji Equity Investment Co., Ltd.'s objection to the defense that when Dongneng Real Estate Development Co., Ltd. signed a contract with the plaintiff, it was not a shareholder of Dongneng Real Estate Development Co., Ltd. who did not become a shareholder of Dongneng Real Estate Development Co., Ltd. should not bear the above debts. The defense is unfounded and will not be accepted in the first instance.

First-instance judgment: 1. The defendant Dongneng Real Estate Development Co., Ltd. paid the decoration payment of RMB 187,500 to the plaintiff Jingce Soft Decoration Design Co., Ltd. within 30 days from the date of the legal effect of this judgment; 2. The defendant Dongneng Real Estate Development Co., Ltd. paid the decoration payment interest to the plaintiff Jingce Soft Decoration Design Co., Ltd. within 30 days from the date of the legal effect of this judgment (the interest is based on the principal of RMB 187,500, and it is calculated at the annual interest rate of 3.7% from December 4, 2021 until the date of liquidation); 3. The defendant Wangji Equity Investment Co., Ltd. shall bear joint and several liability for the content determined in items one and two of this judgment.

After the first instance judgment, the defendant Wangji Equity Investment Co., Ltd. appealed and submitted the "Property Liquidation Statement" issued by accounting firm in the second instance.

The second instance held that the focus of the dispute in this case was whether Wangji Company and Dongneng Company were independent of property. According to the new evidence provided by Wangji Company in the second instance, the report recorded that "Dongneng and Zhongrui are independent of each other, and there is no property confusion", "The result of executing the agreed procedure is only for reference for evaluating the financial independence of Dongneng and Zhongrui." Although the report was unilaterally commissioned by Wangji Company and the plaintiff did not recognize it, the plaintiff did not provide any evidence to prove that there was property confusion between Dongneng and Zhongrui, the second instance accepted the report. The existing evidence can prove that Dongneng and Zhongrui are independent of property. Wangji Company should not bear joint and several liability for the decoration funds in this case.

second instance re-judgment: the third item of the original judgment is revoked, and the defendant Wangji Equity Investment Co., Ltd. shall not bear joint and several liability.