Defendant: XXX Real Estate Development Co., Ltd., domiciled in XXXXX, actually operating in XXXXX (postal code10100), with registration number XXXXXXXXX and telephone number XXXXXXXXX.
The legal representative is XXX, chairman of the board of directors of the company.
Cause of action: commercial housing pre-sale contract dispute
Litigation request:
1. ordered the defendant to pay the plaintiff the liquidated damages of 262,327.26 yuan for overdue delivery and the interest of 20 12 1 to the actual delivery date, temporarily calculated as 1927 1.2 yuan to March 20th, 20 13.
2. The defendant was ordered to bear the litigation costs of this case.
Facts and reasons:
On June 5438+February 3, 20091,the plaintiff and the defendant signed the pre-sale contract of commercial housing with the number YXXX. According to the contract, the defendant should deliver the house to the plaintiff before August 30, 20 10, or pay the plaintiff liquidated damages for late delivery; The liquidated damages shall be calculated on a daily basis according to one ten thousandth of all the payment made by the plaintiff from the day after the agreed delivery period expires to the actual delivery date, and shall be paid to the plaintiff within 30 days from the actual delivery date.
20 10 year122 October, 10, the plaintiff paid all the purchase price to the defendant, but the defendant failed to deliver the house as agreed in the contract. On October 7th, 20 10/year, the plaintiff and the defendant signed a supplementary agreement, and the defendant promised to deliver the house before May 30th, 201year. According to this agreement, the defendant's liquidated damages for late delivery are still calculated according to the delivery date agreed in the pre-sale contract of commercial housing, that is, the day after August 30, 20 10.
On August 20 10/0, the defendant sent an apology letter to the plaintiff for the delay in delivery. The defendant clearly stated in the letter of apology that "our company will pay you liquidated damages in strict accordance with the way agreed in the Beijing Commercial Housing Pre-sale Contract signed with you". On 20111210, the defendant delivered the house under the commodity house pre-sale contract to the plaintiff.
According to the fact that the defendant delivered the house late and the agreement of both parties on liquidated damages, the defendant should pay the plaintiff the liquidated damages and interest on August 3rd1day, 20th11day, 12 day and 10 day. The defendant failed to pay liquidated damages to the plaintiff within 30 days after the actual delivery of the house. The plaintiff repeatedly asked the defendant to pay liquidated damages, but the defendant never paid. 20/kloc-in June of March, the plaintiff entrusted a lawyer to issue a power of attorney to the defendant, but the defendant still failed to pay the plaintiff the liquidated damages after signing it.
To sum up, in order to safeguard the legitimate rights and interests, the plaintiff brought a lawsuit to your hospital in accordance with the relevant provisions of Chinese laws, and we urge your hospital to support the plaintiff's claim.
I am here to convey
XX people's court
Prosecutor (signature):
20XX x month XX day
Legal basis: Article 465 of the Civil Code of People's Republic of China (PRC). Contracts established according to law are protected by law.
A legally established contract is legally binding only on the parties, except as otherwise provided by law.