Monday, June 27, 2011

Folk Spring Festival sponsors and partners Chaihuo each other on breach of contract

Each refers to the breach of contract but the court decision to lift both sides ask for financial compensation request is not supported

Spring Festival sponsors and partners Chaihuo civil

(Reporter Wang Wei) civil Spring Festival planners Laomeng (Shimeng Qi) and partners with Kam Culture Co., Ltd. Beijing Sheng default interoperability refers to the case sentencing this morning in East Court, the Court lifted the two sides of the contract, but the two sides ask for economic compensation are not supported.

Shi Mengqi ideas Zengyin civil Spring Festival was known, was known as the Lao Meng.

He claimed: 25 November 2009, he and Beijing with Kam Sheng Culture Co., Ltd. signed the "Spring Festival Evening civil partnership agreement", the two sides agreed to work together to organize the Spring Festival 2010-2012. By the Lao Meng is responsible for planning, organization, management, implementation, media reception, etc., Sheng companies to provide rehearsal space, actors, accommodation, office space and necessary public relations, hospitality, the company opened a special account for receiving sponsorship money.

After the signing of the contract, the defendant agreed not to open a special account in accordance with, and contrary to convention, detention donation, and to the grounds of loss of too many demands compensation meng.

To ensure the normal operation of Spring Festival in 2010, was forced to write down 200,000 yuan meng IOU compensate the defendant's expense. 2011 Spring Festival, according to the agreed Laomeng preparation, but the defendant refused to continue to provide the venue, accommodation conditions, Lao Meng had to find another venue to organize and spending a lot of this cost.

The two sides agreed to cooperate for three years, while the defendant after the end of Spring Festival since 2010, refused to honor the agreement constituted a breach of contract, sued the defendant to pay now Laomeng 10,000 yuan of economic losses, and to continue the contract to provide Office 2012 Spring Festival space, rehearsal space, actors, accommodation and the necessary public relations, hospitality support.

And Lao Meng Sheng's defense filed a countersuit, the company says it has to comply with the contract for the operation and preparation of civil Spring Festival provides relevant preparation conditions. Laomeng serious breach earlier, secretly received more than 30 million sponsorship fee, in accordance with the agreed requirements in proportion to the defendant, the Lao Meng has disappeared, leading the two sides can not continue to work together, constituted the legal termination of the contract conditions.

The self-meng civil Spring Festival held in 2011, has never expressed to continue cooperation with the company, so the counter-meng, the defendant asked him to pay the actual cost of expenses 136,004.9 yuan, and for the lifting of the two sides signed the "Spring Festival Evening civil partnership agreement."

The court held that: The two sides signed a cooperation agreement in 2010, the period of co-occurrence of serious differences did not continue to organize civil Spring Festival in 2011.

Are two sides of the Spring Festival held in civil mission and the concept of serious differences on the performance of the contract, has lost the basis for continued cooperation of the trust, and has been organizing its own in 2011 non-meng Spring Festival, the decision to lift "Spring Festival Evening civil partnership agreement"; due to insufficient evidence , each of the parties rejected the prosecution request to ask for financial compensation.

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