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This summer, the Wang Fei after the day joined in Hunan is defended inspect achieve put together art formerly " unreal Le Zhicheng " , drew the attention of numerous vermicelli made from bean starch. Recently, one picket and the court decision of dispute of between two parties contract that king humble concerns the singer had a result. Accuser Xiang Minghua and the dispute of between two parties contract that the accused king poors, finally, wang Fei lost lawsuit, so, between two parties contract is what meaning, xiang Minghua and Wang Fei are between two parties contract dispute beginning and end how, small make up take you to understand.
What meaning is between two parties contract?
Between two parties contract, say again " intermediary serves a contract " . It is to point to basis of between two parties person to the requirement of client concludes with the 3rd person for client the contract offers an opportunity or undertake introductory, and client must give the agreement that pays an agreement reward to between two parties person. Feature: (1) of its contract award is not legal action, introduce the service of contract however; (2) party of the neither in the contract that between two parties person concludes with the 3rd in client, also be not the agent of any one party, however intermediate agency person; (3) it is paid contract, between two parties person is in only between two parties generation just can request pay to give when significant result pay. Have in doctrine think, between two parties contract is special bond, party does not have strict contract obligation; Yi Youxue says to think, between two parties contract entrusts a contract to allow, applicable concerned precatory sets commonly.
Chinese name: Between two parties contract
Foreign language name: Contract For Intermediation
Bilateral: Between two parties person to client
Property: Client pays reward
Another namer: Intermediary contract or intermediary serves a contract
Phoneticize: Ju Jian He Tong
Domain: Contract
Are Xiang Minghua and Wang Fei between two parties how is contract dispute to return a responsibility?
Judgment shows, this year in May, dispute of between two parties to Xiang Minghua and Wang Fei contract made court of people of division of Beijing rising sun adjudicate.
The information that judgment leaks shows, humble of the accused king was born on August 8, 1969, the profession is a singer, live in Beijing.
Sohu finance and economics " the company is read greatly " decide through comparing pair of judgment and the detail that publish a material, humble of the accused king is humble of famous singer king.
Wang Fei calls as nonexistent as Xiang Minghua between two parties contract the relation, reject to pay relevant fee, caused a dispute that lasts 4 years from this.
(cut of legal copy clerk pursues)
Be in early in September 2014, xiang Minghua appeals to Wang Fei to sunny court, the requirement wins 70 thousand yuan of compensation, but during evidence is exchanged litigant request change is 3.35 million yuan.
December 2016, April 2017, this case is tried by two. In May 2018, court of sunny division people accepts heavy careful, xiang Minghua and Wang Fei entrust litigant agent to join suit to front courtyard, show a case terminative already.
Via forensic court decision, wang Fei must pay 600 thousand yuan of between two parties fee to Xiang Minghua.
Because of,Wang Fei calls refuse payment between two parties cost " not necessary " , deny by the court
According to the information that judgment leaks, march 2009, in May, below division of group of Xiang Yu the Conqueror of king humble acting character " chase after wind " , " hall of a book on Chinese medicine " two shampoo brand, acting character cost is 23 million yuan, facilitate by Xiang Minghua two picket cooperate, 850 thousand yuan intermediary expends collection.
Group of Xiang Yu the Conqueror advocate battalion Chinese herbal medicine washs the hair fluid, production that protects hair product etc to protect skin to taste, handed in place to appear on the market at harbor 2009, president is Chen Qiyuan.
Of king humble acting character chasing after wind and hall of a book on Chinese medicine is group of Xiang Yu the Conqueror is subordinate child brand. 2010 - 2011, chase after wind to realize 333 million yuan respectively, 146 million yuan income, take gross income of group of Xiang Yu the Conqueror 22.6% with 16.4% . Hall of a book on Chinese medicine realizes twenty-one million eight hundred and twenty-two thousand yuan two years to mix respectively 82.75 million yuan of income, hold gross earnings 1.5% with 9.3% .
And newest data makes clear, 2018 first half of the year, chase after wind to realize 4.5 million yuan of income, hall of a book on Chinese medicine realizes 4 million yuan of income, take group gross income respectively 3.6% with 3.2% .
(section of newspaper of money of group of Xiang Yu the Conqueror pursues)
Wang Fei and the collaboration to group of Ming Hua, Xiang Yu the Conqueror concern, change had when renewing the contract 2011.
Add is signed " Xiang Yu the Conqueror " when Dai Yan contract, acting character expenses of Wang Fei rises to 30 million yuan. Nevertheless, king humble respect rejects to pay Xiang Minghua to pay the intermediary when this autograph is made an appointment with fee.
Writ shows, both sides ever renewed the contract the contract undertakes for many times communication. Most begin, september 2010, chen Mou of king humble agent rejected the request that renews the contract to Ming Hua.
"15 million a bit less still " , chen Mou in December 2010 lord humble has not agreed, oneself are in " charge for the making of sth. is made " , chen Mou says, "(advertisement print) let me look, add millions of going down more next, may a bit better " .
In decide the process of amount of acting word contract is medium, if acting word contract goes to 50 million yuan,Chen Mou ever put forward, pay Xiang Minghua 1 million yuan of between two parties fee, ever also promised Xiang Minghua 70 thousand yuan of red bags, but did not pay.
Wang Fei thinks, contract of acting 2011 word is the automatic add autograph of contract of acting 2009 word completely, do not need tripartite between two parties service, of Xiang Minghua intervening is " not was necessary completely " .
The court refuted Wang Fei this one view, think Xiang Minghua is in Dai Yan rose in contract add autograph " replace hard, indispensable positive effect " .
Forensic court decision, wang Fei should bear intermediary cost, intermediary charge is calculated according to 30 million yuan acting word contract, wang Fei should pay 600 thousand yuan of between two parties fee to Xiang Minghua.
Notable is, mention in writ, the 30 million charge that Xiang Yu the Conqueror renews the contract should be divided second to Wang Fei, "Because be to appear on the market company, should explain with partner " .
Xiang Yu the Conqueror " disturbance of 2 evil alkyl " later: Have a deficit 6 years repeatedly, weigh golden sale
Xiang Yu the Conqueror and Wang Fei renew the contract time node is worth its be involved in " disturbance of 2 evil alkyl " .
2010, hong Kong media " one weekly " exposure says, content of 2 evil alkyl exceeds the numerous shampoo brand that includes Xiang Yu the Conqueror, Bao Jie to wait inside mark, brought the outstanding achievement loss that 6 years are as long as after Xiang Yu the Conqueror from this, 2011, deficit was as high as 559 million yuan to mix 618 million yuan 2012.
To cast off outstanding achievement predicament, group of Xiang Yu the Conqueror ever tried a variety of tactics, if accelerate Chinese traditional medicine layout, increase shampoo of Chinese herbal medicine, protect skin to taste those who wait for a product to produce can, build base of Chinese herbal medicine to wait.
Increasing sale strength also is Xiang Yu the Conqueror " save oneself " one of ways.
"The company is read greatly " the annals since combing group of Xiang Yu the Conqueror to appear on the market 9 years, discover 2009-2012 4 years year, its " sale and cent sell cost " want remarkable prep above other time.
2009-2012 year, the sale of group of Xiang Yu the Conqueror and cent sell cost to be 637 million yuan respectively, 942 million yuan, 872 million yuan mix 635 million yuan.
Group of Xiang Yu the Conqueror is in explained in annals 2010, sale and cent sell expenditure growth because " be opposite to rehabilitate customer after incident of 2 evil alkyl happens the confidence place of this group product is additional activity of addition sales promotion promotion expends defray.
(data of finance affairs of group of Xiang Yu the Conqueror pursues / Choice finance terminal)
2010 in annals, group of Xiang Yu the Conqueror alludes " world-famous star Ms. Wang Fei is obtained invite continue to hold the position of brand image ambassador, in order to help the brand image that our promotion recalls wind and hall of a book on Chinese medicine.
Besides Wang Fei, the figure spokesman that alludes in annals of 2010-2012 of group of Xiang Yu the Conqueror still includes to call a group " SHE " , Han Geng, Jing Tian, into dragon, Korea star gold is fond of be apt to to wait. In addition, group of Xiang Yu the Conqueror still provides assistance for contest of world young lady.
2016, xiang Yu the Conqueror sues weekly of Hong Kong one to win the lawsuit finally, win the compensation of 3 million HK dollar. Make up the deficits and get surpluses of group of Xiang Yu the Conqueror of of the same age, net profit is forty-three million seven hundred and four thousand yuan, grew further 2017, reach 192 million yuan, be apart from nevertheless 2009 " disturbance of 2 evil alkyl " the profit of 364 million yuan of net before still goes very far.
Half annals showed 2018, group of Xiang Yu the Conqueror is real first half of the year 126 million yuan of business income, fifty-four million eight hundred and nine thousand yuan " sale and cent sell expenditure " the gross profit that gobbles up 56.11 million yuan, net profit is - 11.41 million yuan.
