Shanghai a company and Tian Mou warehousing contract dispute case

[Case classification] : Contract dispute

[Commissioned time] : December 2016

【 Brief introduction 】

On May 30, 2016, the plaintiff and the defendant company signed a cold storage lease contract, agreeing that the plaintiff would store a batch of apples for the defendant, and agreeing on storage fees, processing fees, late fees, etc. On September 30, 2016, the defendant issued a confirmation letter to the plaintiff, stating that the apples stored in the Plaintiff's place had rotted before storage, and the Plaintiff should dispose of the apples. The aforementioned storage fees, handling fees and subsequent apple disposal fees stipulated in the contract shall be borne by the defendant. However, after repeated demands, the defendant refused to pay.

【 Lawyer analysis 】

The warehousing contract signed by the plaintiff and the defendant company is the true intention of both parties and is a valid contract. Subsequently, the plaintiff stored the goods to dispose of the rotten goods after November 6, 2016, and the defendant confirmed in writing that he would bear the storage costs and disposal costs of the goods from July to September 2016, and the original and the defendant should abide by the performance. Accordingly, the Defendant is liable to the Plaintiff for the storage and disposal costs of the goods up to September 30, 2016.

【 Verdict 】

Acting by lawyer Ruth Guo, the court finally supported the plaintiff's claim and ordered the defendant Tian to pay the plaintiff some warehousing fees and goods disposal fees within 10 days from the date of the effective date of this judgment, and the defendant Tian to pay the plaintiff based on the warehousing fees and goods disposal fees within 10 days from the date of the effective date of this judgment, starting from November 15, 2016 to the date of actual payment. Liquidated damages calculated at 1/1000 per day.