Brief Description of the Case

       Beijing Company A entered into a Service Agreement with Beijing Company B. The agreement stipulated that Company B authorised Company A to provide sales operation and management services for its designated product, Product A, in the nationwide mother-child channel, and that Company B would pay the service fee on a monthly basis. After the signing of the agreement, Company A fulfilled its sales, operation and management service obligations in accordance with the agreement, and each month Company A's operation was confirmed by the signature of Company B's project manager, but Company B failed to fulfil its payment obligations in accordance with the agreement. Company B unilaterally defaulted on the contract, according to the agreement, company B should pay liquidated damages to company A, as well as pay the operation and management fees and other expenses that company B has not yet paid during the period of performance of the contract. company B has not yet completed the payment of the above expenses within 5 working days after receiving the invoice issued by company A, company A decided to take up legal weapons to defend its rights and interests.

Lawyer's Intervention

         Company A believed that the behaviour of Company B had seriously violated the agreement and relevant laws, and had seriously damaged its interests, and decided to file a lawsuit to protect its legitimate rights and interests, and Company A approached Ruide Law Firm for legal assistance.

         Beijing Ru de Law Firm assigned Zhou Dongxue to handle the case.

     Zhou Dongxue is a lawyer with profound legal theory and rich experience in litigation and non-litigation practice. Since the practice has been focused on company business, contract disputes, tort disputes, marriage and family, labour disputes related to consulting and dispute resolution business, and as the legal adviser of a number of companies, in the field of legal services has accumulated a wealth of experience, but also for the customer to provide a full range of high-quality legal services.

     She has also provided comprehensive and high-quality legal services to her clients. She has sponsored many difficult and complex corporate, contract, marriage and family, and labour dispute cases, and safeguarded the legitimate rights and interests of her clients.

Handle the Case

       ZhouDongXue lawyer received the case, detailed enquiries about the content of the service agreement between company A and company B, carefully check the accounts of both sides, clear the rights and obligations of both parties, the case for a detailed and profound analysis. Zhou Dongxue lawyer that, company A and company B signed the service agreement is true and effective, and company B should be in accordance with the agreement should be in accordance with the amount determined by the agreement, the monthly payment to company A service fee. And, company B's behaviour constitutes a breach of contract, company B should be paid to company A default. In addition, company A for company B advance the cost of 40,480 yuan, both sides of the cost of reconciliation, company B should be in accordance with the reconciliation amount to pay company A advance the cost. Zhou dongxue lawyers in the active evidence, on behalf of company A to the people's court of beijing chaoyang district civil litigation, then company B to the court to file a counterclaim. Zhou Dongxue lawyer in the trial based on the objective facts and relevant legal provisions, according to the reasoning, and finally the people's court of chaoyang district of beijing city, company B to company A to pay the service fee of four hundred thousand yuan and pay the liquidated damages of fifty thousand yuan.

Lawyer's Reminder

      According to the relevant provisions of the civil code, both parties to the contract without a valid reason for not performing or incomplete performance of the contract shall be liable for breach of contract. Lawyer reminds you, in the economic activities, encounter contract dispute problem don't too anxious, first of all should be clear both sides of the responsibility, pay attention to save the original contract, as well as in the fulfilment of the contract when involved in the bills and documents, etc., keep the evidence, is conducive to lawyers to protect your interests, but also more conducive to lawyers to make the responsibility of the delineation. Secondly, before looking for the help of lawyers, you can first consult the law, have a preliminary understanding of the contract dispute, but also conducive to the subsequent lawyer's questioning and litigation. In this case, the client A company actively cooperate with the lawyer, retained a large number of favourable evidence, for the subsequent rights laid a solid foundation.