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Tai Zi Long Dress Was Reported By Franchisee For Breach Of Franchise Contract

2014/3/14 10:35:00 54

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Tai Zi Long Dress Franchise Operation Contract

"P" to join a brand, or to allow business finance to roll, but for Han Wanqiang, to join the well-known "_blank" href= "_blank" href= "http://www.91se91.com/" "http://www.91se91.com/" "/a > brand" Tai Zi dragon ", lost money without saying, but also put on the lawsuit. 
 Han Wanqiang is a franchisee of the brand in Shouxian County, Anhui. According to its introduction, in May 24th last year, after half a year's cooperation, the franchisee was unable to afford the rent because of its gloomy business. Zhejiang a target= "_blank" href= "http://www.91se91.com/" > dress < /a > Limited by Share Ltd (hereinafter referred to as Tai Zi Long) to the court, demanding payment of 300 thousand yuan default margin and compensation for losses. Han Wanqiang was defeated in the court of first instance in Zhuji, Zhejiang province in January 12, 2014. Recently, it has appealed to the intermediate people's Court of Shaoxing, Zhejiang. 
 reporter recently received Han Wanqiang's report that he reported that he had reported that he was suspected of violating the franchise contract, concealing the franchise information and deceiving the franchisee and so on. He also made a real name report to the functional departments of Zhejiang's business district and state tax. 
 March 10th, the chief responsible officer told reporters that Han Wanqiang, as a franchisee, had made a market investigation, and the company also assured him of the basic situation. "Joint analysis, joint prediction", affirmed the disclosure, but its individual is not sure which way of disclosure has been disclosed. 
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The dispute between Tai Zilong and franchisee Han Wan Qiang between P and franchise must start from more than a year ago. 
 Han Wanqiang said, in July 2012, Tai Zilong's development department staff found him through third parties, and said, "Tai Zilong company has nearly 10000 stores in the country, and every business is very good, especially Anhui District stores sell millions of yuan every year, and now the company is actively preparing for listing, there are many preferential policies" to pull it to join. 
 can not only make money but also enjoy many preferential policies. Han Wanqiang is heartbeat. The two sides initially agreed that he would be out of the house, and the prince was responsible for decoration, goods and management, and 40% of his turnover would be borne by him. After establishing the basic cooperation plan, Han Wanqiang rented four facade rooms in Shouxian County South Street, Anhui. In August 5, 2012, the two sides signed the Tai Zilong franchise contract with a term of 3 years. The content is: .
 Han Wanqiang paid 300 thousand yuan of operating margin to Prince Tai Lung, paying 100 thousand yuan first, and the remaining part was deducted from its local sales income until the full amount. 
 according to the contract, the actual sale of the shop is 60% to the prince Tai Lung, 40% to Han Wanqiang, and the daily sales of the shop to the account designated by the prince Tai Lung company. The dragon will deduct the 40% of the last month's sales expenses from the last month's sales expenses (such as personnel wages, business tax, water and electricity, promotions, etc.) before the 5 day of each month. The remaining part of the shop will be designated by Han Wanqiang, and the settlement will be done once a month. 
Tai Zilong, who is responsible for the management of people, things, money, goods and so on, is in charge of P. Han Wanqiang has the right to propose, but he has no right to decide. Tai Zilong must tell Han Wanqiang about the daily sales of the store. 
 for breach of contract, the contract stipulates that the company conceals information about the franchise or provides false information. Han Wan Qiang can terminate the contract and claim damages. Any party shall not breach the contract. If a party breaches the contract, he shall pay the other party a penalty of 300 thousand yuan. 
 Han Wanqiang told the daily economic news reporter that in accordance with the above contract, he and Prince Tai were actually trusteeship, and he was responsible for his house, people, wealth and property. {page_break} 
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 September 2012, Han Wanqiang's franchisee is officially open, and the two sides have started business dealings according to the agreement. However, half a year later, the franchisee closed down and caused disputes. Finally, the two sides went to court. 
 the fact that the civil judgment of the Zhuji court of Zhejiang province (No. 2013) Shaoxing merchants 165th is identified as the fact that in the actual performance of the contract, the Prince did not make the monthly settlement with the defendant according to the agreed monthly settlement. In March 2013, Han Wan, the franchisee's landlord, urged the remaining half year rent. On the same day 25, Han Wanqiang sent a short message to the staff of Prince Tai Lung company. The main content was "our business has been dismal and heavy losses since its opening. I am unable to pay the rent, so I can not manage it, and the company has never settled the account. I declare that I will close the operation immediately. " 
 the above judgment also shows that in April 7th, Prince Han Wanqiang sent a "letter of law" to Han Wanqiang, demanding that he continue to perform the contract. On the 11 day, Han Wanqiang sent a reply letter to Tai Zilong, saying that Tai Zilong had broken the contract first, and that the shop was purely an objective reason for the inability to pay the rent, and demanded that the accounts be settled as soon as possible. 
 May 24, 2013, Prince Tai Lung sued the court in Zhuji, Zhejiang Province, claiming that the defendant Han Wanqiang had a lot of breach of contract such as unilateral termination of contract and non payment of sales. Tai Zi long had the right to confiscate the defendant's 300 thousand yuan deposit according to the agreement, and had the right to ask Han Wanqiang to pay for his decoration fees and props. 
 January 12, 2014, the court of Zhuji, Zhejiang decided that Han Wanqiang could not continue to perform the contract because he did not pay the rent of the storefront. The breach was a fundamental breach. The court supported Tai Zi long to sue for the return of the goods. At the same time, the cost of decoration and props was in accordance with the contract, and Han Wanqiang should compensate the prince for 116 thousand and 600 yuan. 
 reporter noted that after being indicted, Han Wanqiang filed a counterclaim within the court's designated proof period. However, the court rejected Han Wanqiang's claim for counterclaim against 300 thousand yuan and 300 thousand yuan for breach of contract. 
At present, Han Wanqiang has appealed to the Shaoxing intermediate court for failing to comply with the first instance judgment. 
 Han Wanqiang said that the company did not disclose the franchise information to the franchisee according to the "franchise management measures", and there was a situation that boasted the number and amount of the franchised store. Only later did he realize that most of the shops in Anhui were poor. 
 at the same time, since its opening in September 2012 to terminate the contract, Tai Zi Long has never fulfilled the obligations of settlement, such as sales, expenses, balances and so on. 
 Han Wanqiang believes that the reason why the prince concealed the franchise information or provided false information was the fundamental reason for its solution. Moreover, Prince Tai Lung not only took away all the business expenses of the store, but also failed to pay the rent for the 30 thousand yuan advertising fee. 
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 at the same time, Han Wanqiang also reported that the real name of the dragon was suspected of irregularities. In this regard, the "daily economic news" reporters respectively to Zhejiang Shaoxing Business Bureau and Zhejiang Zhuji City IRS to carry out verification and interview, two units have confirmed that indeed received the report material, has been accepted. 
 Han Wanqiang said in his "report letter" that Prince Tai dragon violated the franchise contract, concealed franchise information and deceived franchisees. 
 for this reason, the chief responsible officer of Prince Tai Lung company told the daily economic news 10 March that Han Wanqiang had made a market investigation as a franchisee, and the company also assured him of the basic situation. "Joint analysis, joint prediction", affirmed the disclosure, but its individual is not sure which disclosure way has been disclosed. 
 however, the responsible person pointed out that the company does not allow the disclosure of basic information to franchisees in writing, because it involves a lot of business secrets, including the number of stores, product positioning, development status, management mode and so on. 
 for the above reports, Han Wanqiang, who is responsible for the territorial business supervision of the Zhejiang province Zhuji service industry development office, the chief executive of the comprehensive administrative law enforcement team, confirmed to reporters on 7 March, that the operation relationship between the prince and the prince is a franchise. At present, the case is still in the stage of investigation and evidence collection. In February 25th, the brigade had already made an enquiry record to the prince, and is still waiting to collect relevant information provided by the prince. 
On the same day, P, who was responsible for handling the above reports, told the daily economic news correspondent of the market development office of Shaoxing City Bureau of Commerce in Zhejiang province that in February 6th, they received a letter of complaint, which was formally accepted in February 17th. The notice of acceptance has been issued to Prince Tai Lung. After receiving the forensic materials provided by Zhuji Service Industry Development Office recently, we will make a judgement again. 
 at the same time, Lou Yang pointed out that according to the relevant regulations of the State Council and the Ministry of Commerce, the franchisor must truthfully disclose the relevant business information to the franchisee. 
Li Weihua, a well-known expert in China's franchise and chain operation, and China University of Political Science and Law's franchise Research Center, told reporters that the franchisor should provide at least 30 days before the signing of the franchise contract to the franchisee, including 12 specific provisions, including the name, residence, legal representative, registered capital, business scope and business status of the franchisor, and it is written in the form of "these disclosures are mandatory". P 
 reporter noted that according to the twenty-third article of the State Council promulgated the "Regulations on commercial franchise management" and the "commercial franchise information management measures" promulgated by the Ministry of Commerce ninth, it is clear that the franchisee can conceal the relevant information or provide false information, and the franchisee may terminate the franchise contract.