Pengpai News reporter Chen Xuhou Intern Shi Ke
Ming Ruixin, who wants to build an light steel villa in his hometown, , is caught in a dispute. He told Pengpai News that he paid 398,000 yuan after finding a related company, but the villa has not been built yet. The company asked for additional money on the grounds that the area exceeded. He believed that the company violated the original promise and the two parties could not reach an agreement. The light steel villa has been unfinished for more than two years.
Since 2020, the light steel villa of Ming Ruixin’s family has been unfinished until now. All the pictures in this article are provided by the respondents
Ming Ruixin believes that he has been cheated and went to Wuhan House Jaeger-LeCoultre New Materials Co., Ltd. (hereinafter referred to as "House Jaeger-LeCoultre") many times to protect his rights; House Jaeger-LeCoultre said that he has caused trouble many times. In December 2020, Ming Ruixin had a physical conflict with the company's staff. After identification, Ming Ruixin's injury was confirmed to be a secondary minor injury.
was beaten for protecting rights, and Ming Ruixin's injury was rated as a secondary minor injury.
The relevant judgment shows that because of a contract dispute between House Jaeger-LeCoultre and Ming Ruixin, Ming Ruixin had an argument with Zhou, an employee of the company. Zhou slapped Ming Ruixin's left face with his right hand, causing Ming Ruixin to perforate the traumatic eardrum. Afterwards, Zhou was sentenced to fixed-term imprisonment of 8 months for intentional injury.
In response to the contract dispute between the two parties, Ming Ruixin sued House Jaeger-LeCoultre, and House Jaeger-LeCoultre also filed a counterclaim against Ming Ruixin, saying that Ming Ruixin breached the contract. On April 11 this year, the Dongxihu District Court of Wuhan City made a first-instance judgment on the case, rescinding the "Agent Contract" signed by Ming Ruixin and Haus Jaeger-LeCoultre, and determined that Ming Ruixin had received the value of the issued materials from Haus Jaeger-LeCoultre, which was entitled to Haus Jaeger-LeCoultre for return Ming Ruixin's purchase deposit of 250,355.39 yuan (398,000 yuan-147,644.61 yuan), rejecting Ming Ruixin's other litigation requests, and dismissing other counterclaims from Haus Jaeger-LeCoultre.
Ming Ruixin said that he was dissatisfied with the above judgment and had decided to appeal. A relevant person in charge of House Jaeger-LeCoultre responded to The Paper (www.thepaper.cn) that the two parties have negotiated the relevant disputes many times and cannot reach an agreement. The company will respect the court's judgment and also support the use of formal channels to protect rights in accordance with the law.
A man said he wanted to build a light steel villa but signed an agent contract
Ming Ruixin is from Yangxin County, Huangshi City, Hubei Province. He told The Paper that he became interested in light steel villas - light steel structure houses, and he also wanted to build one in his hometown. After searching for relevant companies online, he left contact information on the advertising page of House Jaeger-LeCoultre.
Ming Ruixin said that he was going to Haus Jaeger-LeCoultre to discuss the construction of a light steel villa. The other party promised to complete the construction in 45 days and there was no need to add money in the middle. The other party also proposed that if he became a regional agent, he could not only cooperate in building a light steel villa, but also hoped to make a profit by selling light steel villas. He was moved by the other party and felt that the light steel villa had a prospect, so he signed an agency contract.
On June 22, 2020, Ming Ruixin and House Jaeger-LeCoultre signed an "Agent Contract", which stipulated that Ming Ruixin would be the Huangshi regional agent of House Jaeger-LeCoultre from June 22, 2020 to June 21, 2021; Ming Ruixin paid House Jaeger-LeCoultre a one-time payment of 398,000 yuan to House Jaeger-LeCoultre, and House Jaeger-LeCoultre provided Ming Ruixin with a "Zunzhai" brand product of 398,000 yuan at a unified price, and gave Ming Ruixin free of charge 208 square meters of self-built light steel sample house materials.
Contract signed by Ming Ruixin and Haus Jaeger-LeCoultre
It is worth noting that this "Agent Contract" does not make specific agreements on how to build a light steel villa. "When we talked with them, we all said it well, and then asked them to write it into the contract, and they shied away, saying that the contract was just a form, and we should not pay too much attention to the contract." Ming Ruixin said that at that time, the sales staff of House Jaeger-LeCoultre made a verbal promise to build a light steel villa. He only needed to provide homesteads and two small workers, and the rest were all handled by House Jaeger-LeCoultre, but none of these were written into the contract. The other party said that the contract was just a form, so they didn't have to worry. After paying
398,000 yuan, Ming Ruixin went home to build a villa. For the Ming family, this is a large project with a foundation of more than 200 square meters. It is planned to build two adjacent buildings, jointly built by Ming Ruixin and his uncle.Ming Ruixin said that according to the requirements of House Jaeger-LeCoultre, they first built a layer and spent about 150,000 yuan. After
, House Jaeger-LeCoultre entered the market and officially carried out the construction of light steel villas, but the contradictions quickly broke out. According to Ming Ruixin, House Jaeger-LeCoultre sent some materials and sent a technician. After more than 20 days of work, the second floor was proposed to increase the money before the second floor was built, because the area of the house exceeded, "No additional money, the remaining materials would not be sent."
Ming Ruixin believes that House Jaeger-LeCoultre "routine" them. First of all, the specifications of the steel sent by him were lower than the promised one. Secondly, only one technician was sent, and all the workers asked them to pay. Then, according to the contract, he paid 398,000 yuan in one lump sum. The other party wanted to provide him with 398,000 yuan of "Zunzhai" brand products and gave him 208 square meters of self-built light steel sample house materials. However, before even one floor was built, the other party did not send the materials, which was a breach of contract.
In response to this, a relevant person in charge of House Jaeger-LeCoultre responded to The Paper that according to the contract, the 398,000 yuan paid by Mingruixin is the fee for obtaining regional agency qualifications, and the company provides it with 208 square meters of light steel materials; and the 398,000 yuan "Zunzhai" brand product refers to a purchase deposit of 398,000 yuan. This purchase deposit can be used to deduct 20% of each purchase payment. When building a light steel villa, House Jaeger-LeCoultre found that the Ming Ruixin family's house area is more than 500 square meters. The company believes that the house area is much larger than it is normal for it to ask for additional money.
Ming Ruixin said that the foundation of the villa is about 206 square meters, and the second and third floors together have more than 400 square meters, but House Jaeger-LeCoultre wants to count the roof, and the roof alone is calculated to exceed 100 square meters. Moreover, he had clearly stated before that because it was a joint construction of two buildings, the foundation was more than 200 square meters. The sales staff of House Jaeger-LeCoultre said that "it doesn't matter". On the one hand, the company will give away 208 square meters, and on the other hand, they have 398,000 "Zunzhai" brand products. "You don't need to spend the 398,000 yuan a day, and you don't need to make up for the money in a day."
negotiated many times on whether to add money, but no results were achieved. Ming Ruixin said that House Jaeger-LeCoultre began to propose to add more than 200,000 yuan, and then proposed to add only 80,000 yuan, but the entrance doors, window glass, railings and handrails were not included. He and his family believed that the request was unreasonable and did not agree.
Since the two sides were unable to reach an agreement, the Ming Ruixin family’s villa was unfinished. Related photos show that the first floor of the villa has been made with a mixed structure, and the second floor only has some steel on it.
Since 2020, the light steel villa of Mingruixin’s family has been unfinished to this day.
Industrial and commercial information shows that Haus Jaeger-LeCoultre is located in Wuhan. It was established in September 2017 with a registered capital of 5 million yuan. Its legal representative of is Liao Jianhua. The company has been sued for contract disputes several times.
was beaten to minor injuries in a conflict and thought he had been cheated, and Ming Ruixin went to House Jaeger-LeCoultre to protect his rights many times. On December 2, 2020, Ming Ruixin and the staff of House Jaeger-LeCoultre had a physical conflict.
Ming Ruixin said that on the same day, he and his cousin went to House Jaeger-LeCoultre again and asked to negotiate to resolve the dispute over the light steel villa, and he was subsequently beaten by several staff members of the company. The relevant person in charge of House Jaeger-LeCoultre said that Ming Ruixin brought people to the company many times to "make trouble", and they couldn't bear it. On December 2, 2020, Ming Ruixin brought people again and insulted the company staff. One staff member couldn't help but slapped Ming Ruixin in the face.
The person in charge said that for this reason, Ming Ruixin's side reported to House Jaeger-LeCoultre everywhere. The market supervision department has intervened in the investigation many times and tried to mediate, but none of them have been successful.
The Paper noticed that in June 2021, after identification, Ming Ruixin's injury was rated as a secondary minor injury. In July of the same year, Zhou, an employee of House Jaeger-LeCoultre, was detained by the police on suspicion of intentional injury.
The public prosecution agency accused that on December 2, 2020, due to a contract dispute between House Jaeger-LeCoultre and Ming Ruixin, Ming Ruixin had an argument with Zhou, an employee of the company. Zhou slapped Ming Ruixin's left face with his right hand, causing Ming Ruixin to perforate the traumatic eardrum.
For this case, the Wuhan Donghu District Court held that Zhou surrendered voluntarily after committing a crime and confessed his crime truthfully, and could be given a lighter punishment; the victim was responsible for the intensification of the conflict, and could be given a lighter punishment at his discretion; Zhou pleaded guilty and accepted punishment, and could be given a lenient treatment; Zhou's defense lawyer stated that he was surrendered, first offender or occasional offender, and had little subjective malice, actively pleaded guilty, and had a good attitude of remorse. The victim was responsible for the intensification of the conflict, and requested the defense opinion of Zhou to be given a lighter punishment, and the court adopted it. In November 2021, the Dongxihu District Court of Wuhan City made a first-instance judgment on the case, and Zhou was sentenced to eight months in prison for intentional injury.
Zhou Mou was dissatisfied with the first-instance judgment and appealed, and the second-instance court upheld the original judgment. Regarding the beating of his rights protection, Ming Ruixin said that he had paid all medical expenses by himself. He has sued Zhou and House Jaeger-LeCoultre, and the case has not yet been held.
The first instance court ruled to return 250,000
The contract dispute caused by the construction of a light steel villa was delayed. Ming Ruixin sued House Jaeger-LeCoultre, and House Jaeger-LeCoultre also filed a counterclaim. The verdict of
shows that Ming Ruixin believes that the "Agent Contract" he signed stipulates that he will pay a purchase deposit of 398,000 yuan to House Jaeger-LeCoultre in one lump sum. House Jaeger-LeCoultre promises to give away 208 square meters of self-built light steel model house materials and business supporting opening supplies for free, and provide unified decoration style and promotional materials. After he fulfilled his payment obligation, House Jaeger-LeCoultre delivered tens of thousands of yuan of materials, but refused to fulfill the above-mentioned gift obligations, which made his business activities unable to continue and the two parties had a dispute.
Ming Ruixin's lawsuit request is to order the termination of the "Agent Contract" signed between Ming Ruixin and Haus Jaeger-LeCoultre, House Jaeger-LeCoultre, House Jaeger-LeCoultre, return Ming Ruixin's purchase deposit of 398,000 yuan and bear 199,000 yuan in breach of contract compensation (50% of the contract amount of 398,000 yuan), House Jaeger-LeCoultre, and House Jaeger-LeCoultre, bear the litigation costs of this case.
House Jaeger-LeCoultre argued that the contract stipulates that Mingruixin’s purchase deposit of 398,000 yuan is a prerequisite for obtaining agency qualifications. It deducts the payment of goods when purchasing later is a concession made by the company to give back to customers, and should be deducted within the contract term and returned until it is returned. Ming Ruixin claimed that the company refused to fulfill its gift obligations. The company was based on the donor's right to revoke . Even if the company failed to fulfill its gift obligations, Ming Ruixin had no right to require the company to bear the liability for breach of contract. The contract stipulates that the operating period of is after the expiration of , the company may terminate the contract. Since the goods sent to it were used, the company requested to terminate the contract, and Mingruixin should compensate the company for the losses at the market price and the costs the company spent to perform the contract.
House Jaeger-LeCoultre filed a counterclaim, requesting a ruling: terminate the "Agent Contract" signed between Ming Ruixin and Haus Jaeger-LeCoultre, Ming Ruixin will compensate 171,620 yuan based on the value of the goods sent; Ming Ruixin pays 14,500 yuan (500 yuan/day x 29 days) and design fee of 32,118 yuan for the labor fee spent to perform the contract; Ming Ruixin pays 199,000 yuan in liquidated damages (50% of the contract amount of 398,000 yuan); Ming Ruixin bears the counterclaim costs in this case.
The Paper noticed that House Jaeger-LeCoultre had counterclaimed that during the contract performance, the company actively fulfilled its obligations, went to the door to measure and issued design drawings and construction drawings. After the company sent goods to Mingruixin on September 25, 2020, it sent personnel to guide it in the installation. Later, the company found that the actual construction area of Mingruixin's house required more than the price agreed in the contract and asked it to make up for the difference. Mingruixin ignored it, resulting in the inability to continue to perform the contract.
In response, Ming Ruixin argued that he agreed to the request of House Jaeger-LeCoultre to terminate the "Agent Contract", but he should not bear any liability for breach of contract. House Jaeger-LeCoultre's claim that it did not pay as agreed, which is not in line with the facts. After the contract was signed, he had paid the entire contract payment from June 22 to 30, 2020, but House Jaeger-LeCoultre refused to fulfill its subsequent contractual obligations only for delivery of tens of thousands of yuan, which constituted a fundamental breach of contract by and should bear the liability for breach of contract.
In response to this case, the Wuhan Donghu District Court held that the "Agent Contract" was signed voluntarily by both parties, with a true expression of intention, and the content does not violate the provisions of laws and regulations, and should be valid. The two parties now have different opinions on the reasons why the "Agent Contract" cannot be performed, but neither submitted sufficient evidence to prove it. Since both parties agree to terminate the "Agent Contract", it should be determined that the two parties will negotiate and terminate the "Agent Contract" according to Article 562 of the " Civil Code of the People's Republic of China ". Based on this, the court did not support the liability for breach of contract or compensation for losses, liquidated damages and other claims claimed by both parties.
's lawsuit request for the return of the goods, the Donghu District Court of Wuhan City stated that the two parties had disputes over the amount of the goods they had sent. House Jaeger-LeCoultre claimed that its shipment amount was 171,620 yuan, but the "Ming Ruixin Light Steel Villa Materials List" it submitted did not have Ming Ruixin's signature confirmation, which is unilateral evidence. House Jaeger-LeCoultre should have borne the legal consequences of inability to provide evidence. Given that Ming Ruixin has recognized that Haus Jaeger-LeCoultre has sent some goods, if it is required to return all purchase deposits of 398,000 yuan, it is obviously unfair to Haus Jaeger-LeCoultre. In view of Ming Ruixin submitting his aunt's testimony during the trial, and his aunt stated in the testimony that the amount of payment received was 147,644.61 yuan. Therefore, the court determined that Ming Ruixin's receipt amount was 147,644.61 yuan, and House Jaeger-LeCoultre should return Ming Ruixin's remaining purchase deposit of 250,355.39 yuan (398,000 yuan-147,644.61 yuan). As for Ming Ruixin's claim to fully refund the purchase deposit and dismantle and return the installed materials, it is obviously not in line with economic principles and will cause a lot of waste and pollution, and the court will not accept the claim. Regarding the counterclaim request for labor costs and design costs, considering that although the "Ming Ruixin Light Steel Villa Materials List" states the above expenses, it is not signed by Ming Ruixin, which is unilateral evidence. House Jaeger-LeCoultre's evidence on the two counterclaim requests was not sufficient, and the court refused to accept it.
On April 11, 2022, the Donghu District Court of Wuhan City made a first-instance judgment on the case, rescinding the "Agent Contract" signed by Ming Ruixin and Haus Jaeger-LeCoultre. House Jaeger-LeCoultre returned Ming Ruixin's purchase deposit of 250,355.39 yuan, rejecting Ming Ruixin's other litigation requests and dismissing House Jaeger-LeCoultre's other counterclaim requests.
Ming Ruixin said that they were dissatisfied with the first-instance judgment and had decided to appeal. If only 250,000 yuan is refunded, they will suffer heavy losses and they will not know how to deal with the unfinished light steel villa. According to The Paper, due to the rising prices of steel materials, the cost of light steel villas has increased exponentially. Many businesses have suspended light steel villa projects.
In response to the contract dispute between the two parties, on April 11 this year, the Dongxihu District Court of Wuhan City made a first-instance judgment, and House Jaeger-LeCoultre returned 250,000 yuan to Ming Ruixin.
The relevant person in charge of House Jaeger-LeCoultre said that because Ming Ruixin's party came to the company many times to "make trouble" and reported it everywhere, it has had a great impact on the company's daily operations. The company will respect the court's judgment and also support the use of formal channels to protect rights in accordance with the law.
Editor in charge: Cui Xuan Photo editor: Shi Jiahui
Proofreading: Ding Xiao
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