2018-06-07 07:19:13
Because open east carefree supermarket limited company (the following abbreviation is opened east carefree) do not pay property service fee, nantong city brilliant the third of the twelve Earthly Branches property management limited company (brilliant of the following abbreviation the third of the twelve Earthly Branches property) Jiang Qidong is carefree appeal to to the court, ask its pay 2017 year property to serve cost and exceed the time limit to pay penalty due to breach of contract. Recently, open east city people court makes first instance adjudicate to this case, sentence Ling Qidong carefree to pay two afore-mentioned charge aggregate RMB more than yuan 234 thousand.
Open east forensic cognizance is found out, on March 17, 2016, accuser brilliant the third of the twelve Earthly Branches property is opened as Party A and the accused east carefree sign as Party B " open east management of property of early days of shop of business of one garden periphery serves city day agreement " , conventional general the accused bear hire repose Yu Qidong city collects the means in Long Zhen's people what 528 date, floor area spread for 12331.42 square metre business is common place, common the project such as sanitation of facilities facilities, afforest, environment entrusts accuser to have property government.
Both sides entrusts management to served the respect such as deadline of content, right and service of compulsory, property government and charge, responsibility of breach of contract to have concrete agreement respectively. The agreement agrees property management serves deadline to stopped on December 31, 2017 to arrived on January 1, 2016, administrative service fee is property to spend 135 thousand yuan every year. The agreement agrees open east carefree violate an agreement, do not press those who make an appointment with pay to concern charge, property of brilliant the third of the twelve Earthly Branches has authority to ask to open east carefree fill hand in, and the sun from exceed the time limit rises, by daily extremely the standard is added receive fine for delaying payment. Jing Jingyin property is opened after the written announcement that urge capture east carefree still not of pay, property of brilliant the third of the twelve Earthly Branches can expend 1.5 yuan by property government service / square metre standard sum collection of every months.
Open east forensic cognizance is found out, property of brilliant the third of the twelve Earthly Branches already was by consultative agreement open east carefree provided corresponding property service, open east carefree still balance due brilliant the third of the twelve Earthly Branches property the property administration fee of 2017 year. On March 12, 2018, xiang Qidong of property of brilliant the third of the twelve Earthly Branches is carefree issue the letter that urge capture,
Open east forensic cognizance thinks, accuser and the accused sign " open east management of property of early days of shop of business of one garden periphery serves city day agreement " the expression that fastens bilateral and true meaning, and not lawbreaking code is mandatory regulation, this agreement is lawful and significant, all have sanction to bilateral party. In this case, accuser already was pressed about to the accused bear the business shop that lease provided relevant property service, the accused should be pressed give about pay 2017 year property service fee, like that accuser of the accused classics is urged for many times should, still do not grant to pay, violate honest credence principle, should undertake corresponding responsibility of breach of contract lawfully.
Open east forensic cognizance thinks, accuser according to 1.5 yuan / standard of every months advocates square metre the appeal of fee of service of government of 2017 year property and corresponding penalty due to breach of contract, have fact and contract agreement, should give lawfully support. The accused is opened east carefree classics is lawful subpoena, did not join suit to front courtyard without warrant, it is its to oneself lawsuit right abandon, do not hinder the court enters a judgement lawfully on the foundation that finds out case fact. Accordingly, the court makes afore-mentioned court decisions.
