Intense courtroom confrontation ended with a post-trial settlement: Representing the shop lease dispute case of XX Computer Mall in Bao'an District

[Lead Attorney: Zhiming Law Firm]

Mr. Wang from Shenzhen (the plaintiff) signed the "Shenzhen Real Estate Sales Contract (Pre-sale)" with Shenzhen XX Industrial Co., Ltd. (the second defendant) on October 15, 2005, purchasing a shop unit on the second floor of the XX Computer Mall in Bao'an District, with a construction area of approximately 140 square meters. On October 25, the plaintiff signed the "Entrusted Leasing Agreement" with Bao'an XX Computer Mall (the first defendant), a subsidiary of the second defendant. The agreement stipulated that from March 28, 2006, to March 27, 2009, the plaintiff would entrust the shop unit on the second floor to the first defendant for leasing and operation, with an annual rent of RMB 213,080. Upon the expiration of the entrusted leasing period, the first defendant was responsible for restoring the leased shop unit to its original condition in accordance with the decoration standards specified in the "Shenzhen Real Estate Sales Contract" and delivering it back to the plaintiff. After the leasing contract expired on March 27, 2009, the first defendant failed to restore the shop unit to its original condition and deliver it to the plaintiff, resulting in the shop unit remaining idle and causing financial losses to the plaintiff. The plaintiff, upon recommendation, retained Attorney Wang Tengfeng, the lead lawyer of Zhiming Law Firm, as legal representative, and filed a lawsuit with the court, requesting a judgment:

1. Order the two defendants to immediately restore the shop on the 2nd floor of XX Computer Mall in Bao'an District to its original condition according to the decoration standards of the "Shenzhen City House Sale Contract" and deliver it to the plaintiff;

2. Order the two defendants to compensate the plaintiff for rent and interest losses (temporarily calculated as of June 27, 2009, with rent of RMB 53,270 and corresponding interest of RMB 384);

3. Order the two defendants to bear all litigation costs of this case.

On the morning of August 19, 2009, this case was heard in court at Bao'an Xixiang Tribunal. The two defendants submitted their Statement of Defense to the court, claiming that they had returned the shop premises involved in the case within the agreed time, and falsely accused the plaintiff of "venting dissatisfaction, creating trouble out of nothing, and deliberately engaging in vexatious litigation." The Zhiming lawyers responded calmly, listing and submitting a series of documentary evidence and photographs one by one, which powerfully proved that the defendants had failed to deliver the shop premises to the plaintiff on time and in their original condition as agreed, leaving the two defendants speechless. Shortly after the hearing concluded, the two defendants, intimidated by the pressure of the litigation opponent and the facts of the case, weighed the pros and cons of the litigation outcome, and finally decided to accept the plaintiff's claims. They negotiated with the Zhiming lawyers and signed a Mediation Agreement, which is as follows:

1. Party A (plaintiff) and Parties B and C (the two defendants) agree that from this date onward, Party A may at any time go to Parties B and C to complete the store handover procedures. After Party A takes over the store for self-operation or leasing, Parties B and C shall not create difficulties or make excuses to obstruct Party A.

2. Party B and Party C voluntarily pay Party A a total of RMB 50,000, and Party A shall no longer seek compensation from Party B and Party C for any previous losses arising from their breach of contract.

3. Party B and Party C shall jointly bear the litigation costs of this case.

4. The above amount shall be paid in a single lump sum by direct bank transfer into Party A's rent-receiving account within three days from the date the court mediation agreement takes effect upon receipt.

Attorney Zhiming, with exceptional litigation skills, enabled the plaintiff to receive due compensation for their losses promptly.