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No. 4 of Five Model Cases of Properly Resolving Post-disaster Conflicts and Disputes by People's Courts Published by the Supreme People's Court: [REDACTED] Trading Company v. [REDACTED] Children's Shoes Factory and Wang [REDACTED] (Dispute over a Lease Contract)
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最高人民法院发布五起人民法院妥善化解灾后矛盾纠纷典型案例之四：某商贸公司诉某童鞋场、王某租赁合同纠纷案
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【法宝引证码】
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- Procedural status：
Trial at First Instance
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| No. 4 of Five Model Cases of Properly Resolving Post-disaster Conflicts and Disputes by People's Courts Published by the Supreme People's Court: [REDACTED] Trading Company v. [REDACTED] Children's Shoes Factory and Wang [REDACTED] (Dispute over a Lease Contract) | | 最高人民法院发布五起人民法院妥善化解灾后矛盾纠纷典型案例之四：某商贸公司诉某童鞋场、王某租赁合同纠纷案 |
| Basic Facts of the Case | | 基本案情 |
| In July 2023, plaintiff [REDACTED] Trading Company filed a lawsuit with the Primary People's Court of Zhuozhou City, Hebei Province on the ground that defendants [REDACTED] Children's Shoes Factory and Wang [REDACTED] were in arrears of rent and claimed that the contract should be terminated and defendants should pay the rent arrears and the late fee. In the trial of this case it was found that, affected by typhoon "Doksuri," the children's shoes of [REDACTED] Children's Shoes Factory stored in the underground warehouse of [REDACTED] Trading Company were soaked in water. In the light of the economic bearing capacity and disaster situation of [REDACTED] Children's Shoes Factory, the judges of the Zhuozhou Court patiently communicated with both parties many times and analyzed the advantages and disadvantages of the case from multiple perspectives including the continuous operation of [REDACTED] Children's Shoes Factory, the continuous operation of [REDACTED] Trading Company, and the joint efforts to bridge over the difficulties after the disaster, and planned a mediation scheme. Through mediation by the Zhuozhou Court, [REDACTED] Trading Company finally agreed to reduce one month's rent and agreed to postpone the payment of rent for the first two months. Both parties reached a mediation agreement and the case was successfully concluded. | | 2023年7月，原告某商贸公司以被告某童鞋场及王某拖欠租金为由，向河北省涿州市人民法院提起诉讼，请求解除合同并支付拖欠租金及滞纳金。案件审理过程中，受台风“杜苏芮”影响，某童鞋场存放于某商贸公司地下仓库的童鞋被水浸泡。考虑到某童鞋场经济承受能力与受灾情况，涿州法院办案法官多次与双方耐心沟通，从童鞋场的继续经营、某商贸公司的继续营业、灾后共渡难关等多角度分析本案利弊，并规划调解方案。经过法院调解，某商贸公司最终同意减免一个月租金，并且同意前两个月的款项延迟支付，双方达成调解协议，案件圆满解决。 |
| ．．．．．． | | ．．．．．． |
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