Case No.
(Party A).
shall bear the legal fees, insurance premiums and other expenses of this case.
Both parties agree that Beiyi electronics company will pay 15 million yuan to Wen Yiyang before April 30, 2020, and pay the remaining amount before June 30, 2020.
Therefore, Wen Yiyang filed a lawsuit according to law and requested to order Wen Yiyang to terminate the project contract with Beiyi Electronics Co., Ltd.
According to Article 286 of the contract law, Wen Yiyang has the right to receive priority compensation for the project price discount or auction price according to law.
1880.
During the construction of Wen mouyang, because Beiyi electronics company failed to pay the project payment in time as agreed, Wen mouyang finally stopped work in June 2015, and the project involved in the case has not been completed.
Therefore, the affiliated person is not only the actual constructor, but also the actual contractor.
After the agreement was reached, Beiyi Electronics Co., Ltd.
On January 20, 2020, the two sides reached a settlement agreement, and Beiyi electronics still owes Wen mouyang project payment of 19489892.7 yuan.
On January 20, 2020, Wen mouyang signed the final settlement agreement and final settlement sheet of the phase I project of Dezhou Beiyi Shandong industrial base with Beiyi electronics company.
It is more in line with the purpose of protecting the right of claim for project price and establishing the right of priority compensation by law to determine that the affiliated person has the right of claim for project price and the right of priority compensation// [basic case] on April 25, 2015, Wen signed a project contract with Dezhou Beiyi Intelligent Electronic Technology Co., Ltd.
After negotiation, Wen mouyang withdrew from the construction and reached the following final settlement agreement on site withdrawal, For both parties to abide by and implement.
On June 29, 2015, the completed activity building, experimental center building, led building, ecological building The foundation and main body of the dormitory building are accepted.
After both parties have settled the contract project cost, the settlement sheet states that: the construction area of the activity building is 991.94 m2, and the project fund is 1339119 yuan; The construction area of staff dormitory is 5143.32 m2, and the project cost is 6943482 yuan; The construction area of the experimental center is 4244.94 m2, and the project cost is 5730669 yuan; The construction area of the ecological building is 1577.70 m2, and the project cost is 2129895 yuan; The construction area of LED building is 11054.14 m2, and the project cost is 14923089 yuan; There is one pile foundation of the office building, and the project fund is 1270000 yuan.
(hereinafter referred to as Beiyi electronic company).
failed to perform according to the agreement.
Later, due to the capital problem of Beiyi electronic company, As a result of the suspension of the project involved, the two sides have not handed over the project.
——The Pingyuan court adjudicated the dispute over the construction contract of the construction project between Wen mouyang and Beiyi electronics company / / the gist of the judgment is that the priority right to compensation for the construction project price is established to ensure the realization of the Contractor’s claim for the project price.
In the case of “unqualified actual constructor borrows the name of qualified construction enterprise”, in fact, the affiliated person actually organized employees to carry out construction activities and completed the Contractor’s obligations agreed in the contract.
[judgment result of the original trial] the original trial held that this case was a dispute over the construction contract of the construction project.
Both parties agreed that the experimental building, led building, ecological building, staff dormitory, activity room and comprehensive office building of Beiyi electronic company were contracted to Wen.
According to Article 1 of the interpretation of the Supreme People’s Court on legal issues applicable to the trial of construction contract disputes of construction projects, the contractor has no construction qualification of the project involved in the case, and the project contract signed by both parties on April 25, 2015 is invalid..
From 2015 to 2020, Wenmou Yang lost 1840000 Yuan due to work stoppage.
[facts identified in the original examination] on April 25, 2015, Wen mouyang (Party B) signed a project contract with Beiyi Electronics Co., Ltd.
The agreement shows that the project has been suspended for a long time due to the construction unit’s failure to pay the project funds on schedule.
still owes Wenmou Yang a total of 19489892.7 yuan.
After the completion of the project, party a must pay 97% of the total settlement payment of the project, and 3% of the balance shall be used as the quality deposit of the project, which shall be paid in full without interest after the expiration of the warranty period of the project (if Party A pays the monthly progress project payment on a monthly basis, Party B has the right to stop the construction and terminate the construction contract).
according to law; Request to order Beiyi electronics company to repay the project payment of RMB 19489892.7, and confirm that Wen Yiyang has priority to be repaid within the range of RMB 19489892.7 from the auction price of Beiyi electronics company’s construction project according to law; Beiyi Electronics Co., Ltd.
After deducting the paid project fund and the construction cost of the part not constructed, Beiyi Electronics Co., Ltd.
(2020) Lu 1426 min Chu No.
The contract mainly agreed that the project name: the original sunshine Fuyuan Shandong industrial base acquired by Dezhou Beiyi Intelligent Electronic Technology Co., Ltd; Project location: Pingyuan County Economic Development Zone, Shandong Province (east of Xingfu Avenue and north of North Third Ring Road); Project content: the original sunshine Fuyuan Shandong industrial base project, whose structure has been constructed (experimental building, led building, ecological building, staff dormitory, activity room and comprehensive office building), is based on the quantities completed as of January 14, 2015 and the contents included in the drawings jointly confirmed by both parties; The contracting form is labor and materials contracting; The commencement date is April 15, 2015 and the completion date is August 15, 2015; The contract price is the comprehensive unit price of 1350 yuan / m2; Payment method: both parties agree that Party A shall first pay Party B 7 million yuan for the project before March 30, 2015, and Party B shall be responsible for organizing the normal resumption of the project; The remaining project payment shall be paid according to 75% of the actually completed quantities every month.
