Case brief

    Blue Sky Company sued: In July 2021, Mr. Wang leased an iPhone12ProMax mobile phone to Blue Sky Company through a certain platform and chose the "rental return-buyout" package. The lease period was from July 2021 to July 2022, with a monthly rent of 673.25 yuan and a total rent of 8079 yuan. The goods were free of deposit, and the buyout price was 12,600 yuan. Mr. Wang renewed the lease of the mobile phone for 7 months before the lease expired, but after paying the rent for the first 1-12 installments, he did not pay the rent since the 13th installment. Blue Sky Company repeatedly urged and failed to ask Mr. Wang to pay the buyout payment. Therefore, he sued the court to ask Mr. Wang to pay the buyout payment of 5,167.32 yuan and compensate 5050 yuan for liquidated damages.

    Mr. Wang did not submit a reply within the defense period, nor did he appear in court to participate in the litigation of this case.

    The court found out after trial that the lease contract mainly stipulates that if Mr. Wang overpays the rent for more than 7 days, the leasing relationship between the two parties will be changed to a buying and selling relationship; Mr. Wang should pay the buyout within 7 days of Blue Sky Company's notice; if the mobile phone is not returned after the lease period expires, Mr. Wang should compensate for liquidated damages of 10 yuan per day.

    Blue Sky Company claims that Mr. Wang has paid 8,079 yuan. Mr. Wang has been overdue since uly 6, 2022 and bought out on July 14, 2022. After being urged by Blue Sky Company, Mr. Wang did not return the mobile phone involved in the case. According to the agreement, the buyout payment: the buyout price is 12,600 yuan - the rent paid is 8,079 yuan = 4,521 yuan. Blue Sky Company claims that its capital occupation loss was caused by Mr. Wang's overdue payment behavior, but did not provide corresponding evidence.

court hearing

    The court held that, according to the leasing contract between the two parties, after Blue Sky Company delivered the mobile phone involved in the case, Mr. Wang overpaid for more than 7 natural days, but failed to return the mobile phone involved in the case after being notified by Blue Sky Company, and failed to pay the buyout after the agreed buyout situation occurred, and should bear the liability for breach of contract.

    Confirmed by Blue Sky Company, the buyout price should be 4521 yuan, and the court did not object to this. Blue Sky Company's request for Mr. Wang to pay the buyout price of 5167.32 yuan, within the range of 4521 yuan, has factual and legal basis, and the court supports it, and the excess part will not be supported.

    Blue Sky Company requested Mr. Wang to pay a liquidated damages section. Due to the fact that the two parties agreed to overpay the rent for more than 7 natural days, the relationship between the two parties was changed to a buying and selling relationship. Blue Sky Company now claims to protect its own rights and interests by way of buyout, which has lost the basis for making up for losses based on the lease relationship, and has not provided evidence to prove the fact that there is interest loss. The court does not support this.

    Finally, the court ordered Mr. Wang to pay a buyout sum of 4,521 yuan.

Judge's statement

   In this case, Mr. Wang had paid the rent for the original lease term of one year. After Mr. Wang renewed the lease, the lease relationship between the two parties continued to exist. Since Mr. Wang did not pay the rent in full on time and did not return the mobile phone, according to the contract, Mr. Wang did not pay the rent after more than 7 days of overdue, and the contractual relationship was changed to a sales relationship, and it was in line with the buyout situation agreed in the contract between the two parties. Mr. Wang should pay the buyout payment according to the contract. In the lawsuit, Blue Sky Company calculated the buyout payment of 4521 yuan according to the calculation formula agreed in the contract, so the court supported the buyout payment of 4521 yuan, and the excess part was not supported Due to the fact that the conditions for the lease contract relationship to be converted into a sales contract relationship have been met, Blue Sky Company has chosen to make up for the loss by way of buyout. Therefore, it has requested to refund the liquidated damages of the mobile phone after the expiration of the lease period as agreed in the contract, and has not provided evidence of the loss. Therefore, the court will not support the claim.

    The leasing relationship is mainly manifested as the lessor lends the leased goods to the lessee, the lessee can occupy and use the leased goods, and the lessee pays the rent according to the contract, that is, the lessee obtains the use value of the goods. The buying and selling relationship is mainly manifested as the buyer pays consideration to obtain the ownership of the goods sold by the seller, that is, the buyer obtains the ownership of the goods. The leasing relationship is not the same as the buying and selling relationship. After the rent is paid, it does not mean that the leased goods belong to the user, and the ownership of the leased goods should still be determined in accordance with the contract. After the lease period expires, the lessor can negotiate the ownership of the leased goods, and can also make arrangements for the ownership of the leased goods when concluding the lease contract. However, in the absence of legal provisions or contractual agreements, the lessee cannot obtain the ownership of the le The lessor shall be liable for breach of contract if the lessor causes losses due to the expiration of the lease or the failure to pay the remaining rent.

    When consumers choose to lease electronic products, they should pay attention to the main content of the lease contract, especially the contents of rent payment, breach of contract, delivery or refund. If there is any doubt or objection to the contents of the contract, they should be careful to contract, and they should be aware of the contract to avoid breach of contract.

    This article is transferred from the WeChat official account of "Beijing Haidian Court", thank you here!