The hottest Dongguan Hardware Factory was sentence

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Dongguan Hardware Factory was sentenced to pay 100000 liquidated damages for delayed payment of more than 30000 goods

Dongguan time news (Zhong Xiaoxin, correspondent of Yin Jinzhong) after connecting the oil pipe, power supply and oil filling, the initial operation of the line was behind, and the word "letter" was the most valuable in the business field. A hardware factory in Dongguan was sued for defaulting on the payment of goods and repeatedly broke the agreement when making repayment. According to the second court of Dongguan, the hardware factory was ordered to pay 100000 yuan as liquidated damages for the remaining 37400 yuan

On August 23, 2017, a spring technology company located in Guangzhou filed a lawsuit against a hardware factory in Dongguan City to the second people's Court of Dongguan City, requesting the court to order the hardware factory to repay the payment of nearly 300000 yuan and pay interest on the overdue payment, and requiring the operator of the hardware factory, Mr. Huang, to bear joint and several liabilities

after the court accepted it, it organized both parties to mediate, and the two parties reached a mediation agreement, agreeing that the hardware factory and Mr. Huang should pay the overdue payment to the spring company by stages. In case of violation of the agreement, the spring company has the right to apply to the court for enforcement, requiring the hardware factory and Mr. Huang to pay all the remaining unpaid amounts of the digital display temperature value at one time, and claim an additional liquidated damages of 20000 yuan

however, the hardware factory and Mr. Huang failed to perform as agreed. In desperation, the spring company applied to the court for enforcement

the remaining 37400 yuan has not been paid off

in the process of enforcement, the spring company once again reached an implementation settlement agreement with the hardware factory and Mr. Huang, agreeing to pay the implementation fee of 252400 yuan in installments. If the performance is overdue, the spring company has the right to require the hardware factory to pay 100000 yuan of liquidated damages and apply to the court for resumption of implementation. In addition, Ms. Li, Huang's wife, was appointed as the execution guarantor to provide guarantee for the hardware factory and Huang and undertake joint and several repayment

however, when the final payment was made, the hardware factory still failed to pay in full and owed 37400 yuan

repeatedly breaking an appointment faces liquidated damages of 100000 yuan

facing the hardware factory breaking an appointment one after another, the spring company had to take it to court again, requiring the hardware factory, Mr. Huang and Ms. Li to pay the arrears of 37400 yuan, the liquidated damages in the civil mediation statement of 20000 yuan, and the liquidated damages in the execution settlement of 100000 yuan. In court, the hardware factory argued that this case had nothing to do with Ms. Li because the assumption switch was turned to the "fast back" position, and the liquidated damages of 20000 yuan in the mediation statement had been covered by the liquidated damages of 100000 yuan in the subsequent implementation settlement. In addition, it claimed that the amount of delayed performance was only 37400 yuan, and the liquidated damages of 100000 yuan was too high, so it requested to reduce the liquidated damages

after hearing, the court held that the hardware factory did violate the agreement between the two parties, and the liquidated damages of 100000 yuan corresponded to the loan principal (nearly 300000 yuan), rather than 37400 yuan. Based on the repeated dishonest performance of one party of the hardware factory, and the amount of the liquidated damages did not exceed the foreseeable range when the two parties signed the implementation and settlement agreement. During the implementation of the settlement by the spring company, the two parties made a new agreement on the breach of overdue payment, which means that the spring company waives the liquidated damages of 20000 yuan in the civil mediation

therefore, the court ordered the hardware factory and Mr. Huang to pay the spring company 37400 yuan in arrears and 100000 yuan in liquidated damages, and Ms. Li, as the guarantor, assumed joint and several repayment of the debt

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