How was the lawsuit between Beijing Hongda Foundation Property Management Co., Ltd. and Li decided?

Li Moumou, the plaintiff, brought a lawsuit to our court: 1. The defendant was ordered to pay the rent 1725 yuan from August 26, 2022 to September 9, 2022; 2. Order the defendant to pay the interest from August 26, 2022, the due date of the rent, to the actual payment date, calculated at the bank loan interest rate for the same period; 3. The defendant was ordered to pay a fine of 6,900 yuan; The legal fees in this case shall be borne by the two defendants. Facts and reasons: The defendant Hongda Foundation Company signed a house lease contract with the plaintiff on May 26th, 2022 to lease the plaintiff's house located in Unit X, Building X, X International, Shunyi District, Beijing, with a monthly rent of 3,450 yuan. August 26th, 2022 is the rental payment date agreed by both parties. After repeated contact and urging by the plaintiff, the defendant refused to pay rent. By August 30, 2022, the defendant had paid the rent five days late, and the plaintiff exercised the right to terminate the contract according to the contract. Defendant Dai Chao is the legal representative and shareholder of Hongda Foundation Company, which is a one-man company with confused legal personality. In order to protect the legitimate rights and interests of the plaintiff, a lawsuit is hereby filed with the people's court, and it is hoped that the judgment will be as requested.

Defendants Hongda Foundation Co., Ltd. and Dai Chao did not reply and did not participate in the trial of this case.

It was found through trial that:

The ownership certificate number of the house is X-J.F.Q.C. Shun Zi. The house located in Unit X, Building X, Yard X, X Street, Shunyi District, Beijing belongs to Li Moumou.

On May 24th, 2022, Li Moumou (the entrusting party and Party A) signed the House Lease Entrustment Contract with Hongda Foundation Company (the entrusting party and Party B), stipulating that the first-year rent standard of the house located in XX District of XX City is 3,450 yuan/month, which will be paid quarterly. The specific payment dates are May 26, 2022 (RMB 6,900 only), August 26, 2022 (RMB 8,625 only) and 20221October 26 (165438+65438+). Rent is paid and collected by the bank. The name of Party A's bank is Bank of Beijing, the name of the head of the household is Li Moumou, and the account number is ×××; During the entrustment period, Party A agrees to set aside 45 natural days in the first year as Party B's working period, and the rent will be calculated from June 2022 1 1 day. Party A agrees to deduct the rental income during the working period from the down payment as the commission of Party B; If the rent is not paid as agreed for more than 3 days without justifiable reasons, Party A has the right to unilaterally terminate the contract and pay 200% of the monthly rent as liquidated damages, and all items in the house are deemed to be abandoned. The contact telephone number of the house manager is left at the contract signing place: 15 1xx * * * xx. The contract also stipulates other rights and obligations.

Li Moumou said that Hongda Foundation Company had paid the first rent and submitted the bank transfer record to our hospital. According to the transfer records, on May 25th, 2022, Li's bank account (account number: ×××××) received a bank transfer of RMB 6,900, with the account name as ××××. Li Moumou complained that Hongda Foundation Company failed to pay the second phase rent as agreed. On August 30th, 2022, we sent a text message to contact HTC Real Estate Gao (tel:137xx * * * xx * * xx) and East Asia maiden voyage HTC (tel:151xx * * xx) to terminate the contract. The rent is more than three days overdue. According to Article 11 of the House Lease Entrustment Contract signed by both parties, we now have the right to terminate the contract. This is to inform your company that this contract will be terminated on August 30, 2022. After the termination of the contract, we reserve the right to hold your company accountable for unpaid rent, overdue interest payment, liquidated damages, unsettled expenses and other related responsibilities. Through legal channels. Li Moumou said that Hongda Foundation Company vacated the house on September 9, 2022 after receiving the notice of termination of the contract, but did not submit evidence to our hospital.

Defendant Dai Chao is the legal representative of Hongda Foundation Company and the only natural person shareholder.

The above facts are supported by evidence such as court transcripts, house lease entrustment contracts, SMS records, transfer records, and copies of real estate licenses.

The court held that

We believe that according to the provisions of the Civil Procedure Law of People's Republic of China (PRC), the parties have the right to reply and cross-examine the evidence submitted by the other party. In this case, if the defendants Hongda Foundation Company and Dai Chao were legally summoned by our court and refused to appear in court without justifiable reasons, they would be deemed to have waived their right of reply and cross-examination.

The House Lease Entrustment Contract is the true intention of Li Moumou and Hongda Foundation Company, and both parties have actually fulfilled the contract. Our court confirmed the establishment of the housing lease contract relationship between the two parties according to law. According to Article 11 of the House Lease Entrustment Contract, if Hongda Foundation Company fails to pay the rent for more than three days on August 26, 2022, Li Moumou has the right to unilaterally terminate the contract, and Hongda Foundation Company shall pay a penalty of 200% of the monthly rent. On August 30, 2022, Li sent a text message to the housing manager of Hongda Foundation Company as stipulated in the House Lease Entrustment Contract, which was deemed that Li sent a Notice of Understanding to Hongda Foundation Company, and our hospital confirmed that the House Lease Entrustment Contract was legally terminated on August 30, 2022. Li Moumou said that Hongda Foundation Company had vacated the house on September 9, 2022, but did not submit evidence to our hospital. We refuse to recognize this claim, and our hospital confirms that both parties will actually perform the contract until August 30, 2022. After the termination of the contract, if it has not been performed, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may request restitution or take other remedial measures, and have the right to claim compensation for losses. Li asked hongda foundation company to pay the remaining rent and interest and pay the liquidated damages, and there was nothing wrong with it, and our hospital supported it according to law. Dai Chao, as the only natural person shareholder of HTC Foundation Company, has not submitted evidence to prove that the company's property is independent of his personal property, and should be jointly and severally liable for the debts involved in HTC Foundation Company.

To sum up, according to Articles 509, 562, paragraph 2, 565, 566, 579, 585, paragraph 1 of the General Principles of the Civil Law of People's Republic of China (PRC), Article 63 of the Company Law of People's Republic of China (PRC), Article 147 of the Civil Procedure Law of People's Republic of China (PRC) and the Supreme People's Court's Report on the Civil Procedure Law of People's Republic of China (PRC): Interpretation of Article 90, the judgment is as follows:

Judgement result

1. Defendant Beijing Hongda Foundation Property Management Co., Ltd. shall pay the house rent of 468 yuan 75 cents and interest to Plaintiff Li within seven days from the effective date of this judgment (based on 468 yuan 75 cents, calculated according to the one-year loan market quotation standard published by the National Interbank Funding Center authorized by the People's Bank of China from August 27, 2022 until the actual payment date);

2. The defendant Beijing Hongda Foundation Property Management Co., Ltd. paid the plaintiff Li Moumou a penalty of 6,900 yuan within seven days from the effective date of this judgment;

3. The defendant is jointly and severally liable for the debts determined in the first and second judgments on behalf of Chao;

Four, reject the plaintiff Li Moumou's other claims.

If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 260th of the Civil Procedure Law of People's Republic of China (PRC).

50 yuan, the case acceptance fee, shall be borne by Beijing Hongda Foundation Property Management Co., Ltd. and Dai Chao, and shall be paid within seven days from the effective date of this judgment. The announcement fee 560 yuan shall be borne by the defendant Beijing Hongda Foundation Property Management Co., Ltd. and Dai Chao, and paid to the plaintiff Li Moumou within seven days from the effective date of this judgment.

If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of opposing parties, pay the acceptance fee of the appeal case, and appeal to the Beijing No.3 Intermediate People's Court. If the acceptance fee of the appeal case is not paid within seven days after the expiration of the appeal period, the appeal will be withdrawn automatically.