According to the China Judgment Documents Network released on June 9, actress Dai Wenwen, who starred in the hit drama "Qing Yu Nian", won the second-instance trial of the termination case with the company. Nandu reporter noted that Dai Wenwen complained that due to the long-term and repeated harassment and threats of nie mou, the legal representative of her company, which caused her to lose the basis of trust and the premise of further cooperation with the company, Dai Wenwen had the right to terminate the contract.
The court of second instance found that Nie Mou, the legal representative of his company, as a married person, continued to send WeChat and make phone calls, and harassed Dai Wenwen for a long time, which constituted a fundamental breach of contract. The judgment shows that Dai Wenwen's act of terminating the contract has a legal basis and does not constitute a breach of contract.
According to the second-instance civil judgment issued by the Third Intermediate People's Court of Beijing Municipality, Nie Mou, the legal representative of the appellant Holgosta Film and Television Culture Media Co., Ltd. (hereinafter referred to as Dada Company), is the CEO, shareholder and legal representative of Dada Film and Television, and the shares held by Dada account for 70% of the shares of Dada Company. The appellee (defendant in the original trial) Dai Wenwen is an actress under Dada Film and Television, who played Shen Wan'er in the drama "Qing Yu Nian".
According to the judgment, the first-instance judgment found that Dada Company did not arrange for Dai Wenwen to appear in the film and television project invested by Dada Company, which constituted a fundamental breach of contract, and nie Mou, the legal representative of Dada Company, harassed Dai Wenwen for a long time, constituting a fundamental breach of contract. Dada's appeal request was to order Dai Wenwen to continue to perform the Actors' Agency Contract signed with Dada Company, pay a liquidated damages of 2 million yuan, and refund Dada Company's advance fees and intermediary fees.
The court of first instance had found that in August 2017, Nie sent a WeChat message to Dai Wenwen, calling Dai Wenwen "baby" in WeChat, and said that he wanted to take care of Dai Wenwen and hoped that she would always be the only princess he cherished. After that, he told Dai Wenwen that if Dai Wenwen talked about her boyfriend, he would spare no effort to find a way to destroy Dai Wenwen's boyfriend. During the harassment period from August to December 2017, according to the "Diagnosis Certificate" issued by Longkou Psychological Rehabilitation Hospital, Dai Wenwen began to have symptoms of sleep deprivation at night, irritability, sullenness all day, pessimism, decreased interest, less speech, less movement, and gradual aggravation of the disease 20 days ago, and was diagnosed as XXX.
The second-instance judgment shows that according to the chat records of Nie and Dai Wenwen, Nie continued to contact Dai Wenwen and express good feelings and pursuits in the case of already having a family, and in the case of Dai Wenwen's explicit refusal, Nie still said through WeChat that if Dai Wenwen talked about her boyfriend, she would spare no effort to find ways to ruin Dai Wenwen's boyfriend and other extreme remarks. Nie Mou did have long-term harassment of Dai Wenwen, and modern Wenwen was diagnosed as XXX by Longkou Psychological Rehabilitation Hospital, and there is bound to be a certain causal relationship between the two. Dada Company violated the agreement of the Actors Agency Contract that it would do its best to protect the personal safety and health of Dai Wenwen, which constituted a breach of contract. As the legal representative and controlling shareholder of Dada Company, Nie's behavior will inevitably have an actual impact on the performance of the Actor's Agency Contract.
The court of second instance held that the above-mentioned breach of contract of Dada Company had seriously affected Dai Wenwen's acquisition of acting opportunities, increased her popularity and physical and mental health, resulting in the inability to achieve the contractual purpose of the Actors' Agency Contract, so Dai Wenwen had the right to terminate the contract in accordance with the law, and the court of first instance had correctly determined that she had sent the Notice of Termination Letter, and the court did not object. Dada's claim to continue to perform the Actors' Agency Contract lacked factual and legal basis, and the court did not support it. In summary, the court of second instance rendered a judgment rejecting the appeal and upholding the original judgment.
According to the data of Tianyancha, Dada Film and Television was established on August 31, 2016, with a registered capital of 3 million yuan, and its business scope is: production, operation, distribution, reproduction, packaging, artist brokerage of radio and television programs; corporate image packaging, publicity and promotion, advertising shooting, and conference exhibitions. The legal representative and controlling shareholder is Nie Wei, and the shareholding ratio is 70%.
Written by: Nandu reporter Zhan Chenfeng intern Guo Meiting