The "Supplementary Agreement" Originated From Collective Protest Of Shoemaking Businesses

The police arrived at the scene to mediate disputes. On the first floor of the Bing Rui wholesale market located on Nan Ba Road, there were more than 160 merchants running the footwear industry. When faced with the increasing number of shoe operators on the first floor, the merchants on the negative side could not sit still.

They believe that the way of introducing merchants into the shopping mall violates the "supplementary agreement" signed with the shopping malls in the rental contract of the shopping mall when the majority of merchants in the market a year ago.

Due to repeated consultations with the shopping malls, yesterday, around 9 a.m., the majority of merchants on the negative floor would be locked in the front door of the negative layer, and they would protest to the shopping mall on the grounds of business disruption.

Snail Bay police station rushed to the scene to maintain order.

A year ago, the majority of shoe merchants in the original pearl mall moved to the Bing wholesale store. They sold the shoes on the shop floor, and signed a negative lease contract with the Kunming Bing Rui commerce and Trade Co., Ltd. in May 9, 2007.

The lease term stipulated in the contract is "July 15, 2007 to July 14, 2010". On the same day, as a supplement to the lease contract, under the premise of the original lease contract unchanged, merchants also signed a "supplementary agreement" with the mall. The first article of the agreement stated that "the first floor and the access to the underlying footwear area shall not be allowed to operate footwear."

Clear agreement.

"We signed a 3 year contract for only one year, and the mall violated the contract" supplementary agreement ", and introduced footwear businesses on the first floor of the mall. The mall should bear the responsibility for breach of contract accordingly.

Mr. Zheng, who owns a negative layer of leather shoes, said that a year ago, when the mall was inviting the merchants, it had designated a negative layer to operate all kinds of shoes industry, operated household appliance watches on the first floor, and made bedding and all kinds of cloth on the two floor, and then had a guarantee when contacted with the Shang city. After signing the contract, all the shoe business operators all came to a negative level.

"We ask the mall to properly solve the problem of breach of contract. If we do not solve it, we will be able to go elsewhere if we return our rent and deposit."

Businessmen have expressed.

The official of Wang Bin, office of Kunming Bing Rui commerce and Trade Co., Ltd. said that the negative layer of shoes is low grade shoes, while the first floor is middle class shoes. The shoes between the two floors do not conflict because of different quality. Instead, as the market changes, the introduction of shoes of different grades on the first floor can bring benefits to merchants.

At present, there are more than 160 footwear operators on the negative floor, and the first floor has introduced more than 30 shoe operators. The company is going to develop the mall into a shoe city in the future.

And whether the contract with the negative layer is breach of contract, Wang said, the contract was signed according to the circumstances at that time, and now the market has changed, and the contract on "no shoes on the first floor" shall not stipulate the validity of this clause, and there is no time limit, so it can not be identified as the validity period of the whole contract.

The contract was signed by both parties at the beginning, so long as the two sides are well coordinated, they can not be changed.

On the other hand, merchants said that the rent and deposit should be removed from the mall. Wang said that it was necessary for both sides to negotiate the rent and deposit. Merchants could conclude their views and consult with the company, and they could not resolve the matter through judicial channels.

Wu Kaiguo, a lawyer of Yunnan Da Tao law firm, believes that the supplementary agreement of the contract is part of the contract and has the same legal effect as the main contract.

Since there is an agreement in the supplementary agreement that there is no agreement between the first floor and the passageway leading to the underfloor shoe area, the introduction of footwear businesses on the first floor of the mall violates the provisions of the supplementary agreement, which should be liable for breach of contract.

Although the terms of the agreement do not limit the effective time of the clause, it is a contract. Since the contract is valid for 3 years, the term of validity of the contract should be consistent with the validity of the contract.