Showing the relationship between<br>Asian Heart Network (Reporter Dongmei Yu) Shihezi regiment a leading company in the name of the unit after the unit rental, spend huge hospitality redeem rent. After the outgoing leadership, nearly 50,000 meals Who pays? The leadership behavior is job behavior or individual behavior? This controversy by two People's Court, and ultimately with the outcome.<br> <br>November 2006, Shihezi citizen Mu Yong Hua took over the restaurant from office. This restaurant's ownership of a house belonging to a company all Shihezi regiment field.<br> <br>Previously, Li Hua worked with the company signed a rental contract, agreed: Li Hua hire company dressing rooms, a term of five years, is from December 2005 to November 2010, rents 15,000 yuan a year.<br> <br>The rental contract, signed by the company commander often celebrate and affix the seal of the company.<br> <br>Li Hua restaurant business for nearly a year, in November 2006 will be transferred to Mu Yong restaurant. The two sides agreed to the transfer agreement, the operating period followed the company Hua lease. The company commander was signed transfer agreements and normally celebrate also noted,gNuygCtKn9, "restaurant rent for entertainment expenses."<br> <br>During Mu Yong operating a restaurant, often to celebrate the company on behalf of hospitality in the restaurant dining, total consumption reached 4.9 million yuan.<br> <br>In August 2008, after often celebrate the departure of company requirements Mu Yong surrendered rented houses, the new commander Zhou Xing to the rental company in the name of the body to another owner Xi Hua Yu, the two sides signed a 20-year rental contract.<br> <br>Contract period yet to come, the houses were forced to withdraw,g9ovU6e8as, Mu Yong believes that he and the company signed a lease contract valid, company leased the house prior to others, a breach of contract. Find below the company contends is invalid, in April 2009, Mu Yong angry in company-owned farms and former company commander Chang Qing court to demand the lifting of the rental contract,woolrich outlet italia, and requested the mission field to return the rental 25000 Yu Yuan; and compensation for breach of contract and loss of 1.5 million yuan.<br> <br>Court case after two different verdict.<br> <br>Verdict: agreement not yet reached the mission field defaults, Mu Yong compensation for losses<br> <br>On the court, that the mission field, Mu Yong had never paid rent to the company, so there is no question the return of rent. Mu Yong did not pay rent to the company,sCU7kEbYm8, the house rented out to another company does not constitute breach of contract. Chang Qing Mu Yong restaurant individuals signing consumption without authorization the mission field, and therefore is not official conduct. Right meals often did not celebrate offset rent, meals often celebrate by personal commitment.<br> <br>Chang Qing court also justified: during my tenure and Li Hua, Mu Yong lease transactions are duty behavior, meals off against the rent is based on the current economic situation of the company at the time of the decision, the beneficiary was not me personally, thus creating legal consequences should not be borne by individuals.<br> <br>Shihezi City People's court case that: Li Hua company and signed rental contract is valid. Hua consent by the company, will sublease to Mu Yong, the sublease behavior is also valid. Chang Qing and Li Hua and Mu Yong behavior contract duties on behalf of company behavior, and company do not have legal personality, so that the legal consequences arising therefrom which shall be borne by the mission field with legal personality. Although the mission field often celebrate with meals unauthorized Offsetting rent, but given often celebrate special status, resulting in Li Hua, Mu Yong were believed its behavior delegations field.<br> <br>Mu Yong unpaid rent claim breach of meals Lingan<br> <br>The court held that, because Mu Yong fulfill the lease contract only 19 months (December 2006 to July 2008), has occurred rent 23,000 yuan,woolrich outlet italia, while in the mission field on meals at Mu Yong has reached 4.9 million Yuan, the excess rent it at both sides of the lease contract is terminated, the mission field should be set off against the 2.5 million yuan for meals refunded Mu Yong. Farms and Mu Yong's agreement does not expire, puts rental to others, this behavior constitutes a breach of the mission field should Mu Yong, liquidated damages and compensation for loss of benefits available.<br> <br>Shihezi City People's Court of first instance verdict: Mu Yong rental contract and the mission field of disarmament; the mission field Mu Yong pay the remaining rent of 2.5 million yuan,louboutin soldes femme, Mu Yong compensation for breach of contract and loss of 9833 yuan. & Nbsp;<br> <br>Upheld: Mu Yong did not pay rent default, meals Lingan advocate<br> <br>For the first trial, he refused to accept the mission field, and in August 2010 filed an appeal to the Nong Bashi Intermediate People's Court.<br> <br>Farms insisted that only the exercise of power within the scope of duties as a company commander during the regular celebration. Personal dining signing, when individuals can only assume its mission field without confirmation, independent of personal consumption and job behavior. Farms requesting the court ruling according to the law again.<br> <br>The second instance court, Mu Yong argued: Chang-ching as company commander, company on behalf of times to my restaurant to dine entertain, so I have reason to believe that often celebrate represent the mission field. I request to maintain the first-instance judgment.<br> <br>Chang Qing also insisted that: I was to perform his duties behavior, the trial verdict is correct.<br> <br>For "often celebrate with meals handled if the rent is set off against the performance of their duties behavior," the focus,wdLciPlR4C, Nong Bashi Intermediate People's Court held that: Chang Qing and Mu Yong agreed with meals off against the rent,tc157L6cui, and several times in Mu Yong business The restaurant dining consumer, the act of unauthorized mission field, and the meals relatively large amount,air max 90 pas cher,YED9x0AVzl, nor the company financial accounts, therefore,tn reuqin pas cher, set off against the rent agreement with meals invalid, the legal consequences arising therefrom shall always celebrate personal commitment.<br> <br>Nong Bashi Intermediate People's Court held that, because Mu Yong was never handed over to the mission field rent, real advocate is often celebration meal after meal consumption off against rent, Mu Yong of this request and the case does not belong to the same legal relationship, This case was the rental contract dispute, Mu Yong advocated for meals, because the case does not belong to the same legal relationship, it should be handled separately proposition.<br> <br>Recently, Nong Bashi Intermediate People's Court made the final decision: Mu Yong rental contract between the lift and the mission field, dismissed other claims Mu Yong.<br> <br>(Text characters are not his real name)<br> <br>Judges say<br> <br>Nong Bashi Intermediate People's Court judge: in this case the focus of controversy that often celebrate with a meal redeem handled the case if rents performance of their duties behavior.<br> <br>China's "Civil Law" stipulates: "The corporate business activities of its legal representatives and other staff bear civil liability." As defined in their legal representative, or other staff engaged in corporate and business enterprises or related behavior is job behavior, corporate party civil liability. The present case, often as a mission field to celebrate a subsidiary company of the company commander, he and Mu Yong signed the rental contract is performance of their duties behavior, the contract is valid. Because company does not have a legal personality, its legal consequences shall bear its corporate namely the mission field.<br> <br>Chang Qing and Mu Yong agreed with meals off against the rent thereafter he repeatedly dining consumer-run restaurant in Mu Yong,y3Ucq1LmK3, the act has not been pre-authorized mission field,G5wqA4wa7N, and afterwards also without the recognition of the mission field, and a large amount of the meals nor the company financial accounts, therefore, often celebrate with Mu Yong agreed with the handling of meals off against the rent agreement is invalid, the legal consequences arising therefrom shall be borne by the often celebrate themselves.<br> <br>Because this case is the rental contract disputes, mainly to solve the rental contract is lifted, Mu Yong whether the super rent and compliance issues. Because Mu Yong never pay rent to the mission field, first breach of contract, so the mission field right to terminate the contract. Mu Yong advocated availability request compensation for loss of profits penalty and can not be established. Mu Yong claimed for meals, because the case does not belong to the same legal relationship, Lingan prosecution.<br> <br>The contract also stipulated: If company liquidated early recover the housing, should be the year 50% of the total contract rent to pay liquidated damages or redeemed rent to Li Hua. If payment of liquidated damages sufficient to cover the loss of Li Hua, company should be liable for compensation.<br><br>
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