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Yongle Yongle States United States court to recover "Dragon World" - Wing-lok, Gome, home appliance chain - HC Network Appliance Ind

While GOME Lung stores opened fire, while the "Dragon World" from the shop but the case of dispute variable. Commercial Appliance Co., Ltd. Fujian Paradise plaintiff in the prosecution of the defendant Rich Real Estate Development Co., Ltd. Xiamen, while additional Beijing Gome Home for the "third person" to be prosecuted. Wing-lok said that the court does not accept the mediation, we must recover the Dragon world, renovation of the National United States is willing to make up for loss of Paradise. Yesterday, Heshan, Huli District Court case in a formal hearing, the original defendant in court, both sides had something up war of words.

Origin: Dragon Wing Lok signing the world and "marry" the U.S. State?

Wing-lok and the National Beauty This time the goal dispute stems from the common Chinese and the world. He Jian Fang Yongle attorney, said in October last year, Wing-lok, Real Estate Development Co., Ltd. Xiamen Fu Fu, developed on the leasing of "Dragon World" Shopping Centre II, three of the related issues were discussed and reached a contractual intent. October 26, 2004, the rich will pay the contract has been signed and sealed by the staff back to Fuzhou Yongle company headquarters sealed, the two sides agreed to "the contract signed and sealed by both parties after the establishment of the deposit paid by the Party after the entry into force." Oct. 29, Paradise stamp in the contract and confirmed on November 4, Paradise export deposit 259,908 yuan. However, at noon on November 4, Paradise company suddenly rich company to terminate the cooperation received notice of the fax. Paradise does not agree, and discuss the matter with many rich and will be on November 7 the original contract to the other side. November 8, Wing Lok Fu once again issued a "notice to cancel the lease contract." At the same time, on November 4, the rich and the National United States has signed a lease contract for two three-storey mall. To this end, Wing-lok, an official at the November 18, Huli District People's Court on the matter to litigation. He Jian Fang said that the rich and the Yongle signed earlier, and is therefore the contract can not force Gome, Yongle the defendant with the rich companies continue to perform the contract, according to the ratio of two ten thousandths pay liquidated damages; while GOME formal complaint to the court in Paradise later still "way" to continue the external decoration and advertising, which seriously infringes on the rights of Paradise on Paradise constitute unfair competition.

Focus: Rich? Contract goes into effect with the Wing-lok

Yesterday, in court, the original defendant, the two sides were diametrically opposed on the issue of debate, the debate is both sides: the rich and the Paradise of the contract goes into effect. The defendant company's attorney Chun Fu Jian, said the contract back to Fuzhou headquarters Yongle sealed, not in the November 4, 2004 Fu served "notice of termination of co-operation" before the return of stamped confirmation of the contract, nor required to deliver deposit, which is co-termination of the root causes of the rich. In this regard, Wing-lok said that Fu had agreed to the contract handling personnel in the delivery of house when the original can be paid, as the deposit was sent on November 4. The Rich argues that Yongle sent a "wire transfer certificate" on the states of "remittance-use", "deposit" rather than the two sides agreed to "deposit" and therefore do not have the effect of the contract deposit. As a "third party" Gome said that he is rich after the termination of the contract with the Paradise and the rich contract, the contract process is complete and has begun to perform, should be legally protected.

Behind: the rich? Leased to national income is more substantial U.S.

Although the ruling in the case is still unknown, but there is a caused by a reporter's attention to detail. Allegedly, Yongle back the contract, the contract has the property management fee and rental housing in proportion to the adjustment, the rich think this is a substantive change to the contract offer can be regarded as the previous lapse. The Wing-lok said that the contract in the first, the provision of an annual rent of 122 million, and property management fee is 1.89 million, property costs much higher than the rent, do not meet state regulations, this proportion of their Caidui adjustment does not affect the total cost can not be regarded as "substantive change." However, the U.S. State attorneys say that, based on current tax rates, rent rates up to 17%, and the property management fee rate is only 5.8%, the adjustment of the ratio between Yongle Hou Qiaqia means that the rich should pay more tax, revenue decreased, which of course is "substantive change." According to him, beautiful and rich country signed contracts also increased the proportion of the rent, but to take care of the rich benefits, the overall cost increase from 3.12 million to 3.5 million. In other words, the rich world to Dragon Paradise leased leased income countries than the United States is much higher.
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