On June 9, the China Judgment Document Network published the second-instance civil judgment on the contract dispute between Holgosida Film and Television Culture Media Co., Ltd. (hereinafter referred to as "Dada Film and Television") and Dai Wenwen, case number (2020) Jing 03 Min Zhong No. 5697, and the court was the Third Intermediate People's Court of Beijing Municipality (hereinafter referred to as the "Beijing Third Intermediate Court"), and the final result was: Dai Wenwen's act of terminating the contract had a legal basis and did not constitute a breach of contract.
According to the judgment, the appellant (plaintiff in the original trial) is Dada Film and Television, and the legal representative is Nie Mou, ceo of Dada Film and Television, and the legal representative. 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".
Source: China Judgment Documents Network
Source: Dai Wenwen's personal Weibo
Previously, Dada Film and Television appealed to the Beijing Third Intermediate Court against the (2018) Jing 0105 Min Chu No. 60246 Civil Judgment of the Chaoyang District People's Court of Beijing Municipality due to a contract dispute with Dai Wenwen. After filing the case on April 21, 2020, the Beijing Municipal Third Intermediate People's Court formed a collegial panel to conduct the trial in accordance with law, and the trial has now been concluded.
According to the judgment, Dada Film and Television's litigation claims, one is to claim liquidated damages of 2 million yuan and expected benefits of about 10.7073 million yuan, and the other is to claim the refund of the advance payment and intermediary fee of 228,100 yuan.
The court of first instance held that the focus of the dispute in this case was whether the reasons for termination set out in The Notice of Termination by Dai Wenwen were established and the validity of his sending the Notice of Termination to Dada Film and Television.
Among them, with regard to the long-term harassment of Dai X by Nie X, the legal representative of Dada Film and Television, the court of first instance held that Dai X and Dada Company signed the "Actor Agent Contract", and Dada Company should provide corresponding working conditions and protection for Dai X. Judging from the WeChat chat records between Nie and Dai, Nie continued to send WeChat and call to Dai, expressed good feelings to Dai, pursued Dai, and after Dai refused, Nie still did not stop, and said that if Dai talked about a boyfriend, he would spare no effort to find a way to ruin Dai's boyfriend. Nie's behavior constitutes harassment of Dai, from the WeChat chat records of the two sides, the harassment period was from August to December 2017, and then according to the "Diagnosis Certificate" issued by Longkou Psychological Rehabilitation Hospital, Dai was diagnosed as a ×××. There is a causal relationship between the ××× of the agent and Nie's harassment, and the perpetrator of the harassment is the legal representative and controlling shareholder of Dada Company, and his behavior will inevitably affect the performance of the Actor's Agent Contract. In the process of contract performance, Dai X suffered ××× due to Nie X's harassing behavior, which proved that Dada Company did not fulfill its protective responsibility to Dai X, and Dada Company's performance of relevant terms constituted a breach of contract.
The court of first instance stressed that Nie mou is a person with a family and should have a basic sense of family responsibility, and his continuous pursuit of the opposite sex outside marriage and eventually evolved into harassment broke through the bottom line of morality, and his behavior was not conducive to the healthy development of the film and television industry, and the court of first instance condemned his relevant behavior.
The court of first instance found that There were legitimate reasons for Dai Wenwen's act of issuing the "Notice of Termination" to Dada Film and Television, which did not constitute a breach of contract. Reject all litigation claims of Dada Film and Television.
In the final trial, the Beijing Municipal Third Intermediate Court held that the focus of the dispute in this case was: first, whether Dai Wenwen sent the "Notice of Termination" to Dada Film and Television with the effect of terminating the "Actor's Agency Contract"; second, whether Dai Wenwen should pay liquidated damages, refund the intermediary fee, and advance fees.
After trial, the Beijing Municipal Third Intermediate Court held that Dada's breach of contract had seriously affected Dai Wenwen's acquisition of performing arts opportunities, increased her popularity and physical and mental health, resulting in the inability to achieve the purpose of the contract 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 had no objection.
Regarding liquidated damages, the Beijing Municipal Third Intermediate People's Court held that Dai Wenwen's act of terminating the contract had a legal basis and did not constitute a breach of contract. Dada Film and Television's claim that Dai Wenwen paid liquidated damages has no basis in law and is not supported. Regarding the intermediary fee and advance fee, according to the content stated in the appeal submitted by Dada Film and Television, the amount of remuneration actually received by Dai Wenwen has been deducted from the intermediary fee and the advance fee, and now Dada Film and Television separately requires the return of the intermediary fee and the advance fee on behalf of a certain person, which lacks basis and is not supported.
In summary, the final judgment of this case upheld 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%.
According to public information, Dai Wenwen was born in 1996, graduated from the Central Academy of Drama, and participated in TV series such as "Kyushu Sky City II", "Qing Yu Nian", "Shu Han Restaurant", "Niang Dao" and the new version of "The Legend of the Eagle Shooter".
Source: Zhongxin Jingwei