BDO NVC compensation of more than 7 million 700 thousand yuan

According to Chinese referee network news, Guangdong electric Limited by Share Ltd sued Zhejiang NVC science and technology limited company contract dispute case ended, Zhejiang NVC pay arrears of RMB 770,14 million yuan and interest to terminate the agreement and Elec-Tech. The following is the text of the judgment of the people's Court of Xiangzhou District, Guangdong, Zhuhai:

Guangdong City, Zhuhai Province, Xiangzhou District People's Court of civil judgments (2014) Zhu Xiang Min Min, the people of the early 2601st, No. two

Plaintiff: Guangdong electric Limited by Share Ltd, domicile: Xiangzhou District of Zhuhai city.

Legal representative: Wang Donglei.

Authorized agent: Yuan Yunjiang, lawyer of Guangdong DESAY law firm.

Authorized agent: Weng Lingling, lawyer of Guangdong DESAY law firm.

Defendant: Zhejiang NVC Technology Co. Ltd., Hangzhou City, Jianggan District: domicile.

Legal representative: Li Xingxing.

The contract dispute Guangdong electric Limited by Share Ltd v. Zhejiang NVC Technology Co., a business case, this court formed a collegial panel, the case was heard in public. The plaintiff attorney Yuan Yunjiang Weng Lingling, to take part in the proceedings, the defendant by the court to reach the respondent materials and court summons, did not appear in the proceedings, the court is hearing the case has now been finalized.

Plaintiff said: the original, the defendant has a long-term cooperative relationship, the plaintiff to the defendant and the defendant authorized to distribute the plaintiff's relevant lighting products. The plaintiff and the defendant (formerly known as: Hangzhou dongcan lighting equipment Co., Ltd.) signed 2014 "regional operations center distribution agreement", after the signing of the agreement, the original defendant, the two sides signed the "2014 annual bedding sales agreement". After the signing of the contract, the plaintiff accused the defendant in accordance with the order to delivery, the delivery in 2014 the amount of 751077 yuan in January, the supply amount of 943448 yuan in February, the supply amount of 1966680 yuan in March, the supply amount of 471106 yuan in April, the supply amount of 2504732 yuan in May, the supply amount of 7474292.8 yuan in June, delivery the amount of 2561378.10 yuan in July. From 2014 to August, the number of goods purchased by the defendant to the plaintiff fell sharply. It is understood that the defendant has been a large number of staff in the reduction. As of the date of prosecution, the defendant owed a total of 7701400 yuan of the plaintiff's loan. In summary, the defendant in January 2014 to July during the seven consecutive months of sales did not meet the monthly sales tasks, and the defendant's current credit and operating conditions also decreased significantly. Accordingly, requesting the court: 1, released 2014 "signed between the plaintiff and the defendant regional operations center" distribution agreement and the supplementary agreement "2014 annual sales agreement", the 2 bed; the defendant to pay arrears of goods 7701400 yuan and interest to the plaintiff (in accordance with the people's Bank loan interest rate determined until the court verdict starting from October 1, 2014 the date of payment); 3, the defendant the plaintiff because the case of spending 120000 yuan fees and travel expenses of 10000 yuan; 4, the defendant bear all litigation costs of this case.

Provide the following evidence for the plaintiff claimed that: in 2014 1, regional operations center 2, 2014 annual sales agreement; bedding sales agreement; 3, application; 4, registration; 5, account reconciliation letter (January 2014 to August); 6, order (September 3, 2014); 7, Guangdong BDO Runda electrical Limited by Share Ltd sales Chukuchan (September 4, 2014); 8, Guangdong, Shanghai 9 VAT invoice; Pudong Development Bank debit / credit notice (credit) 3 copies; 10, account reconciliation letter (September 2014); 11, the termination of the contract, the delivery notice to express a single query; 12, 13, commissioned by the travel invoice; the contract and invoice.

The defendant did not submit to the court defense and evidence.

After the trial, the plaintiff and the defendant (Jia Fang) (b) signed a "regional operations center distribution agreement" (hereinafter referred to as the distribution agreement), stipulated in the agreement: agreement is valid from January 1, 2014 to December 31, 2014, Jia Fang authorizes Party B for the Zhejiang area NVC-ETI and NVC NVC products distribution regional operations center, Jia Fang authorized party B the distribution of LED lighting products, sales agreement (total sales task 8500, January 680, February 340, March 935, April 680, May 553, June 807, July 680, August 680, September 850, October 680, November 765, December 850), for the six consecutive month did not reach the sales target Jia Fang, will have the right to terminate this agreement, and reserve replacement regional operations center right, due to the above Jia Fang to terminate this contract, Party B is responsible for the acquisition of Jia Fang (all samples, slow-moving inventory Products, non-standard products, defective products such as the recovery range), Party B promises and guarantees no conditions, a breach of the cause of litigation, the breaching party shall pay the resulting litigation costs and litigation to pay legal fees, travel expenses (by ticket payment). The plaintiff (Party A) and (b) the defendant has also signed a "2014 annual bedding sales agreement" (hereinafter referred to as the agreement), stipulated in the agreement: Party A Party B to open up the market to support the distribution of March 16, 2014 8 million yuan from Party A to Party B, the sales settlement date for December 25, 2014 before, this agreement is a supplementary agreement area reseller agreement signed by both parties, the. The plaintiff submitted a statement of account reconciliation from January 2014 to August to prove that the defendant has not completed the tasks agreed by both parties for more than six months.

During the trial, the plaintiff submitted a statement of current account reconciliation as of September 30, 2014, was