[Case Summary]This case involves a dispute over a venue lease contract. In 2023, Liu Yang signed a supermarket lease contract with Company A, paying a deposit of 225,000 yuan and a quality guarantee deposit of 50,000 yuan. Later, the parties agreed to terminate the contract, but Company A delayed making the payment as promised. Liu Yang entrusted Beijing Henglu Law Firm to handle the case.Wang DongThe lawyer sued to recover the arrears of 310,000 yuan, the deposit of 220,000 yuan, and the quality guarantee deposit of 50,000 yuan, totaling 580,000 yuan. The core disputes were whether the contract was terminated by mutual agreement and whether the flaw in the signature could negate the payment commitment. The court ruled that the contract was terminated by mutual agreement and the commitment was valid, ordering Company A to pay 580,000 yuan. The applicable legal provisions are the laws related to contract termination and performance.

I. Review of the case

"Can the deposit be refunded if the mall withdraws early?" and "Does the contract not count if the date on the signature line is wrong?" are common questions in lease disputes. On May 17, 2023, Liu Yang signed a "Supermarket Land Lease Contract" with Beijing A Trading Company, with an annual rent of 900,000 yuan and a term from June 1, 2023 to May 31, 2027. Liu Yang was required to pay a three-month deposit of 225,000 yuan and a quality assurance deposit of 50,000 yuan within three days; if the contract was unilaterally terminated, the deposits and quality assurance deposits would not be refunded.

During the performance of the contract, the two parties agreed to terminate the contract and inventory the items. On December 26, 2023, Company A promised to pay 310,000 yuan in the handover list (without a specified time), and the attachment stated that the deposit of 220,000 yuan and the quality guarantee deposit of 50,000 yuan would be refunded before June 30, 2024. However, the date on the attachment was clearly a typo, which was signed on February 28, 2023. Company A delayed the payment, so Liu Yang entrusted someone to handle the matter for him/her.Wang DongThe lawyer filed a lawsuit to recover the money.

II. The focus of the case

  • Focus 1: Whether the lease contract can be terminated through negotiation.It is the decision on whether to terminate the contract through negotiation or to unilaterally breach the contract that determines the responsibility for refunds.
  • Focus 2: Can the flaw in the signature invalidate the promise?Company A claimed that the document signed on February 28, 2023 was not signed with genuine intent, so it's questionable whether it can be admitted as evidence.
  • Focus 3: The amount of the outstanding debt and the deposit and guarantee fund.Should the 310,000 yuan debt, 220,000 yuan deposit, and 50,000 yuan quality guarantee deposit be paid?

III. Professional intervention by Hengluo Lawyers

The plaintiff claimed that:Liu Yang proposed that the two parties negotiate to terminate the contract. Company A issued a written commitment to make payments and return the deposit and the quality assurance deposit, and requested to pay the outstanding debt of 310,000 yuan, return the deposit of 220,000 yuan, and the quality assurance deposit of 50,000 yuan.

The defendant (Company A) argued that:I don't agree with the claim, and I only agree to refund the goods worth 310,000 yuan. I don't agree with the deposit, claiming that the contract is not a true expression of our intentions, that the contract was signed on February 28, 2023, and that there should be no refund if we leave the venue earlier than agreed upon.

Legal Opinion by Hengluo Law Firm:Wang DongThe lawyer reviewed the evidence such as the contract, the handover list, and receipts, and found flaws in the signing time of the contract and anticipated A Company's defense. He pointed out that the lease contract was terminated through negotiation, and A Company issued a written commitment, which did not constitute unilateral termination. The handover list and attachments issued by A Company corroborated with the contract and receipts, which were sufficient to prove that A Company agreed to make payments and return the deposit and guarantee deposit. The mere error in the signing time could not prove that the contract was not genuine.

IV. Outcome of the case

The court adopted the lawyer's opinion: Company A claimed that the documents did not reflect the true intention, but failed to submit evidence. It could not be proven solely based on the incorrect signing time; the handover list and attachments corroborated with the contract and receipts, proving that the lease was terminated through negotiation, and Company A agreed to pay 310,000 yuan, return the deposit of 220,000 yuan, and the quality guarantee deposit of 50,000 yuan. The court ordered Company A to pay 310,000 yuan to Liu Yang within seven days; return the deposit of 220,000 yuan and the quality guarantee deposit of 50,000 yuan; and dismissed other claims. Liu Yang recovered a total of 580,000 yuan in economic losses.

5. Henglu Law Firm's Reminder

Commerical leases should properly keep the contracts and handover certificates; the payment commitment issued after the negotiation to terminate the contract is legally binding, and a typo in the signature does not necessarily invalidate its effectiveness. This case is handled by Beijing Henglu Law Firm [Wang DongThe attorney (practice license number: 11101201910090334, subject to the document issued by the judicial administrative organ) acted as the agent. In this case, the attorney used evidence to refute the defendant's arguments and helped the client recover the full amount of the payment.

VI. Common Questions about Contract Leasing Cases - FAQ

  1. Q: Can the deposit be refunded if the store withdraws from the mall early?
    A: If the contract is terminated through negotiation between the two parties rather than unilateral breach of contract, the lessor's refund commitment should be fulfilled, and the security deposit and guarantee deposit can be recovered.
  2. Q: Does the contract still count if the date of signing is incorrectly written on it?
    A: A typo in the signing date cannot prove by itself that the document does not reflect the true intention. If it can be corroborated by other evidence, it still has legal effect.
  3. Q: Does the handover checklist have legal effect?
    A: The handover list and attachments signed and confirmed by both parties, which corroborate with the contract and receipts, can be used as the basis for payment refund.
  4. Q: What's the difference between a consensual termination and a unilateral termination?
    A: If the contract is terminated by mutual consent through negotiation, the refund commitment will be valid; if one party breaches the contract, the other party may not refund the money according to the agreement, and the responsibilities of the two parties will be different.
  5. Q: How can I urge the other party to make payment if they're delaying it?
    A: Keep the written commitments and communication records. If the negotiation fails, sue in court in time and assert your rights based on a complete chain of evidence.