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: Wang Tengfeng】

Mr. Wang (plaintiff) from Shenzhen signed the "Shenzhen City House Sale Contract (Pre-sale)" with Shenzhen XX Industrial Co., Ltd. (defendant 2) on October 15, 2005, purchasing a shop on the 2nd floor of XX Computer Mall in Bao'an District, with a construction area of approximately 140 square meters. On October 25, the plaintiff signed the "Entrusted Lease Agreement" with the defendant's subsidiary, Bao'an XX Computer Mall (defendant 1). The agreement stipulated that from March 28, 2006, to March 27, 2009, the plaintiff would entrust the shop on the 2nd floor to defendant 1 for lease operation, with an annual rent of RMB 213,080. After the lease term expired, defendant 1 was responsible for restoring the leased shop to its original condition according to the decoration standards of the "Shenzhen City House Sale Contract" and delivering it to the plaintiff. After the lease contract expired on March 27, 2009, defendant 1 failed to restore the shop to its original condition and deliver it to the plaintiff, causing the shop to remain idle and resulting in property losses for the plaintiff. The plaintiff, impressed by the reputation of Zhiming Law Firm, retained Chief Attorney Wang Tengfeng as legal representative and filed a lawsuit in court, requesting the following judgments:

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, the case was heard in Bao'an Xixiang Court. The two defendants submitted a "Statement of Defense" to the court, claiming that they had returned the shop on time as agreed and accusing the plaintiff of "venting dissatisfaction, creating trouble out of nothing, and deliberately engaging in litigation." Chief Attorney Wang Tengfeng calmly responded, listing and submitting a series of written evidence and photos, effectively proving that the defendants failed to deliver the shop to the plaintiff on time and in its original condition as agreed, leaving the two defendants speechless. Shortly after the trial, the 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 Chief Attorney Wang Tengfeng and signed a "Mediation Agreement," which is as follows:

1. Party A (plaintiff) and Parties B and C (two defendants) agree that from this date onward, Party A may at any time proceed to Parties B and C’s premises to handle the procedures for taking over the shop. After Party A takes over the shop for self-operation or leasing, Parties B and C shall not create difficulties under any pretext.

2. Parties B and C voluntarily pay Party A RMB 50,000 in full, and Party A will no longer pursue compensation for prior breach of contract damages from Parties B and C.

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

4. The above amount shall be transferred directly to Party A’s rent-receiving account in a single payment within three days from the date the court mediation document is signed and takes effect.

5. Chief Attorney Wang Tengfeng, with his exceptional litigation skills, enabled the plaintiff to promptly receive due compensation for their losses.