ã€Abstract】 The court held that Putian City Yingri Home Furnishing Co., Ltd. should bear the liability for breach of contract. At the same time as returning the full payment, it should also bear 30% of the liquidated damages according to the contract. In the end, the court ruled that Putian City Yingri Home Furnishing Co., Ltd. returned Mr. Chen nearly 130,000 yuan in payment, and assumed a liquidated damages of nearly 40,000 yuan, while the home shopping mall bears joint and several liability.
It cost nearly 130,000 to buy furniture, and it has not received the goods after more than a year. Mr. Chen of Shenyang has made repeated representations, and the other party does not deliver or return money. In an angry manner, Mr. Chen sued the manufacturers and shopping malls to the court. What about the noise? Furniture is not seen in a year. On May 27, 2014, Mr. Chen took a fancy to the mahogany furniture produced and sold by Putian City, Fujian Province, in a home shopping mall in Shenyang, and signed a sales contract with the manufacturer. The parties agree to deliver the goods three to five months after payment. Failure to deliver on time, liquidated damages are calculated at 15% of the purchase price. At the same time, the sales contract of the shopping mall also clearly stipulates that if the delivery cannot be delivered on time, in addition to the refund of the paid payment, 30% of the paid payment will be paid for the liquidated damages. The mall promised that it will not terminate the delivery or complete the installation for more than 15 days. Mr. Chen has the right to terminate the contract and the mall will pay for it first. Subsequently, Mr. Chen handed over the money to a home shopping mall in Shenyang. In a blink of an eye, Putian City Yingri Home Furnishing Co., Ltd. has not yet delivered. Mr. Chen went to the home shopping mall to complain, demanded a return payment, and compensated by 15%. After the two sides failed to negotiate, Mr. Chen sued the court and demanded that the contract be terminated, the payment of the money refunded and the liquidated damages paid. The lawsuit: The consumer won the Putian City Yingri Home Furnishing Co., Ltd. did not appear in court. A home shopping mall in Shenyang said that it rented the booth to Putian City Yingri Home Furnishing Co., Ltd., but it did not comply with the relevant requirements of the mall, and the mall has already collected all the collected money to the bank account designated by Putian City Sunday Home Co., Ltd. Therefore, it should not assume the obligation of early payment. The Weinan District People's Court held that the home shopping mall promised not to deliver the goods on time for more than 15 days, in addition to returning the paid goods, and paying 30% of the payment for the liquidated damages, and making advance payment, this commitment to Putian City Home Furnishing Co., Ltd. is binding. The court held that Putian City Yingri Home Furnishing Co., Ltd. should bear the liability for breach of contract. At the same time as returning the full payment, it should also bear 30% of the liquidated damages in accordance with the contract. In the end, the court ruled that Putian City Yingri Home Furnishing Co., Ltd. returned Mr. Chen nearly 130,000 yuan in payment, and assumed a liquidated damages of nearly 40,000 yuan, while the home shopping mall bears joint and several liability.
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