The plaintiff (counterclaim defendant) Beijing splendor Century Cultural Arts Co. Ltd., Beijing City, Xiyuan where the stadium floor, No. 15.

Legal representative: Xu Jianing, chairman of the board.

Attorney: Liu Hongwei, male, director of forensic Beijing splendor Century Cultural Arts Co. Ltd., Beijing city Shijingshan District north octagonal House No. 11.

The defendant Li Xiuping (counterclaim plaintiff), female, the Han nationality, born in June 24, 1965, China reform newspaper reporter, live in the city of Beijing Tongzhou District Yee Wo Street 6, room 431.

Agent Pan Yue long, Beijing Zhongxu lawyer.

The plaintiff (counterclaim defendant) Beijing splendor Century Cultural Arts Co. Ltd. (hereinafter referred to as the company) and the defendant (counterclaim plaintiff) Li Xiuping cooperation contract dispute case, the court, in accordance with the law applicable to the summary procedure, by a single judge named Yang Jing, public hearing on the case of the litigation and the counterclaim and conducted a trial. The plaintiff company agent Liu Hongwei, the defendant Li Xiuping entrust an agent to participate in litigation Pan Yue long. Now the trial has been closed.

The company claimed: company and Li Xiuping in February 25, 2008 signed a cooperation contract, agreed to shoot the 30 episode TV series "jade exquisite", a total investment of 10000000 yuan, the company invested 6000000 yuan, 4000000 yuan of investment Xiuping lee. At the same time the contract Li Xiuping in after the signing of the contract within 15 days of the transfer of funds to the account designated by the company, the return on investment for a period of one year, agreed in the contracts of seventh first, the party in breach of any obligation under this agreement, shall pay liquidated damages to the other party, the penalty to keep Party 10% of the investment amount calculation. After signing the contract, the company actively preparing for the brilliant performance of the contract, but Li Xiuping not agreed time allocation of investment funds, company repeatedly urged Li Xiuping payment for investment, but for various reasons, refused to pay Li Xiuping, today the also don't pay any money, the TV drama has not boot. Company believes that Li Xiuping's behavior has seriously violated the stipulations of the contract, the losses caused to the company. The company to court, requesting the court to judge Li Xiuping to pay liquidated damages 600000 yuan.

The defendant Li Xiuping argued that: the two sides agreed in the contract payment default payment is the default direction Shouyuefang pay default payments, but now there is no evidence that the company has to fulfill the contract. In February 25, 2008, both sides have signed three contracts, company to prosecute only the first contract, the contract is signed, the rights and obligations and separately signed two contracts, and third copies of the contract agreed investment ratio is two than eight, reflects the true meaning, should be subject to. After signing the contract, both parties should also fulfill the contract, Li Xiuping according to the company command has paid 300000 yuan, but the company did not make any performance. Hence the three copies of the contract, Li Xiuping fulfilled the contract and the company fails to perform the contract. At the same time, Li Xiuping filed a counterclaim, counterclaim request: 1, request cancelling the three cooperation agreement signed between the parties; 2, request the return of 300000 yuan investment company Li Xiuping; 3, request the company to pay liquidated damages 400000 yuan to Li Xiuping.

The plaintiff against the defendant counterclaim company Li Xiuping argued that: first, since the signing of the cooperation contract and embodies the true meaning, and now there is no statutory and contractual conditions of cancelling the contract, the company does not agree to terminate the contract. Second, company does not endorse Li Xiuping paid 300000 yuan investment, the time of the contract is the contract 15 days to transfer money, while the payment voucher Li Xiuping submitted the transfer time is 4 months after signing the contract. Third, the payment voucher Li Xiuping submitted is not its should pay the contract payment, other transactions but both sides, Li Xiuping could not prove that 300000 yuan is the contract sum, in fact it did not perform any contractual obligations. To sum up, company no default, but Li Xiuping failed to timely and full payment of the contract.

The court found: February 25, 2008, company and Li Xiuping signed three agreements.

A copy of the principal terms of the agreement for the company, together with Li Xiuping invested thirty episode TV series "jade exquisite". The play a total investment of 10000000 yuan, 6000000 yuan. The company self financing, Li Xiuping uses a fixed return investment in the drama, the drama does not bear the risk of profit and loss. Li Xiuping investment 4000000 yuan, fixed income rate of return for Li Xiuping a total investment of 15%. Li Xiuping's investment for a period of 12 months, since the show start date. Company responsible for the drama shooting license, issue a license. The project subject for brilliance company responsible for the TV series, the trial. Both sides agreed to within one year since the signing of the contract on time completion of the shooting. The late glorious company responsible for the drama distribution sales. Li Xiuping agreed to the signing of the contract within fifteen days after the transfer of funds to the company shall open a special account. The original script of the drama and the company responsible for the implementation of the company, and with the original script and copyright owners signed the relevant agreement and pay the relevant fees, authorization or permission obtained copyright. The TV drama production is completed, the company shall return the glory in May 1, 2009 before Li Xiuping input costs and fixed income returns the amount of 4600000 yuan. The party in breach of any obligation under this agreement to a party, shall pay liquidated damages to the other party, the penalty to keep Fang Zong investment amount of 10% calculation. The main clause another agreement, Li Xiuping as the company invested 10000000 yuan, for the glorious company filmed a 30 episode TV series "jade exquisite". Company for the play only production, all the production work of the play, and is responsible for the drama of the project, approval, approval, issuance, shooting and the formulation of the shooting schedule plan, fund use plan, budget, Party B as the drama producer, planner, the use, production supervision power shot for the glory of company funds. Both parties shall be in accordance with the agreed capital planning and budget making full and timely funding in place. The show in 2009 May 1 days after the issuance of the sales generated TV profits, the two sides in accordance with the proportion of 50% distribution. There is also a principal terms of the agreement, Li Xiuping as the company invested 4000000 yuan, for the glorious company filmed a 30 episode TV series "jade exquisite". The show in 2009 May 1 days before the sales profit generated after issuance, according to company 80%, Li Xiuping 20% of the proportion. The remaining terms consistent with the above second copies of the terms of the agreement.

In June 28, 2008, Liu Xiuping to the legal representative of company Xu Jianing individual industrial and commercial bank card (card number 955888020004423249) into the 300000 yuan.

In July 7, 2008, the company issued a notice to the brilliance of Li Xiuping, Li Xiuping will TV investment models into the legal representative Xu Jianing company of agricultural bank card (card number 955998001435099831).

The litigation, company agreements referred to relates to the television drama has been filed, and has made the script, filed April 15, 2008 with Wei Miao Miao signed a TV writer contract, the payment of royalties to Wei Miu Miu 50000 yuan receipt and the TV series "jade exquisite" one to ten sets of literature script.

Proceedings in the company 300000 yuan, said Xu Jianing Li Xiuping Xu Jianing to Li Xiuping sent to friends of the children contact the school, rather than agreement payment to fulfill investment funds, and apply for the employees of the company legal representative Wang Kai and Xu Ning to testify in court, Wang Kai and Xu Jianing both said, 300000 yuan is for a friend to Li Xiuping's children's school, the children go to school in Academy of Chinese Traditional Opera affiliated school. The afternoon of June 28, 2008, Xu Jianing in the company office to Li Xiuping wrote a receipt, receipt includes if things do not go to school, then returned to 300000 yuan Li Xiuping, the receipt should be in the hands of Li Xiuping. Two people accompanied Li Xiuping to company downstairs bank together, 200000 yuan will be taken out of the Li Xiuping deposit bank card Kaneijia on the original 100000 yuan 300000 yuan into Xu Jianing's card. Li Xiuping does not endorse the contents of a witness's testimony, that the above two and with a stake in the company, said in 300000 yuan Xu Nings bank card is according to Xu Jianing instructions to perform the agreement to pay for investment funds.

The litigation, company also submitted to the production budget and financial plan, based on the fund plan funds should be recorded in March 20, 2008 and April 30th, and in May 8th the same year to August 8th were 5000000 yuan in place. Li Xiuping does not agree to the above evidence material.

In the lawsuit, said the company submitted agreement is the ultimate meaning of the parties said, because of the agreement and the other two copies of the agreement are not in conflict, and the rights and obligations of both parties of the agreement is the most comprehensive, and Lee Xiuping submission agreement payment period did not make clear provisions.

The facts mentioned above, the company has submitted a copy of the agreement, the teleplay script writing contract, TV drama "jade exquisite" literature script, receipt, payment notice, the two agreements, bank remittance documents as evidence that the defendant Li Xiuping submitted and the court record of documented evidence.

This house believes that: according to the Institute, to ascertain the facts and the parties court statement, company and Li Xiuping signed three agreements on the same day investment filming TV drama "jade exquisite", three copies of the signing of the agreement is the true meaning of the parties at the time, but the two sides which an agreement is both the ultimate the meaning can't agree on. Company said its submission of agreement for both sides finally signed the agreement, and Li Xiuping called the earnings ratio of two eight is divided into agreement to end an agreement. From the above three agreements of the content, its main content is to both in the joint shooting enjoy TV rights and obligations arising in the course of making the agreement, although the from clause, the company submitted protocol than Li Xiuping submitted the agreement to the default liability, the investment payment the term, fixed income return forms and date made expressly agreed, but as a TV drama investment cooperation agreement, the amount of investment and the proportion of income distribution is clearly the main clause to reach cooperation are essential, the three agreement on the amount of investment and the proportion of income distribution in the agreement are not the same, from the terms of the agreement can not be see the connection between different copies of the agreement, and both parties to the three agreement signed the order can not provide the evidence to prove it on the same day, also not signed three agreements to make reasonable explanation, so in the absence of other relevant evidence to prove the case, only to the three agreements and the parties of their respective proposition three, unable to judge the agreement which is both a final declaration. Accordingly, the company claims to submit the agreement as both sides said the ultimate meaning and Li Xiuping advocated the two eight submitted into the agreement as both the final meaning, are insufficient evidence, the court will not support; for the company the agreement calls for Li Xiu to pay 600000 yuan default payment of litigation request based on the above, the said, because they can not determine the clause on liquidated damages agreed meaning, so the hospital on the lawsuit had not supported. Similarly, Li Xiuping requirements for the company to pay liquidated damages 400000 yuan a counterclaim, the court had not supported.

About Li Xiuping called for the lifting of the three agreements signed between the two sides of the counterclaim, the agreement to jointly invest shooting TV drama "refined", and revenue sharing, as mentioned above, the both sides of the three agreements in which one for both the ultimate meaning that cannot be reached an agreement on both sides, namely investment the amount and proportion of income distribution and other important terms are serious dispute, in this case, for both parties to continue to cooperate to perform the agreement, there are serious difficulties, the objective has in fact can not be achieved, in order to avoid the expansion of the loss, the agreement shall be cancelled, so the hospital to Li Xiuping the counterclaim to support.

About Li Xiuping counterclaim request company return investment fund 300000 yuan litigation request, based on the case to find out the facts, Li Xiuping signed in the three agreements, agreed in the contract performance period to the legal representative of company Xu Jianing personal bank card into the 300000 yuan. In the lawsuit, Li Xiuping said the lines according to Xu Jianing's instruction to perform the agreed payment obligations of investment company, said the money is because Li Xiuping commissioned Xu Jianing to entrust the office expenses. In this regard, the court considered that, during the period of Li Xiuping to pay the money in the implementation of the protocol, and the receiving legal representative object the money system company, it has reason to believe that Xu Jianing had a right to perform the contract sum, in this case, company should prove the existence of both sides during the contractual relationship between the contract the relationship between Li Xiuping and Xu Jianing or the other. In this case, company for Xu Jianing and Wang Kai to testify in court, for the two person's testimony, because two per line company employees, has an interest relationship with the company, and two of their testimony did not provide other relevant evidence to prove the above two people, so only the testimony is not enough to prove the existence of a the relationship between Li Xiuping and Xu Jianing. Although after signing the agreement, the company sent to Li Xiuping Dunning notification requirements Li Xiuping will invest remit Xu Jianing personal bank card, the card number and the Li Xiuping Xu Jianing into the personal bank card 300000 yuan number inconsistencies in charge notice before, but also indicates that the investment fund is not into the company account, but Xu Jianing's personal account, and glory the company also known as it had repeatedly spoken to Li Xiuping dunning, so only the bank card number is different, in the absence of other relevant evidence to prove the case, is not sufficient to identify agreed Li Xiuping to pay the money not agreement of investment. Accordingly, should determine the sum of 300000 yuan Li Xiuping paid to fulfill the agreement payment obligations. Whether the money should be returned in full, although brilliance company submit evidence to show that the agreement to entrust the third party to make part of the script, but failed to provide evidence that the investment funds are in place, the TV drama production substantial progress has been made in the filming, and as mentioned above, three copies of the agreement can not continue to perform the system reason in the main clause cannot confirm the final agreement, so in this case, the company shall submit payment. The full return of Li Xiuping Li Xiuping, the Institute of the counterclaim request support. 

To sum up, the hospital of the people's Republic of China in accordance with the "contract law" article eighth, article ninety-fourth (five), ninety-seventh, "the Supreme People's court" several regulations about the civil action evidence of the second, the fifth stipulation, the decision as follows:

A lifting of the plaintiff, Beijing splendor century culture art limited company and the defendant Li Xiuping two OO eight years in February 25th of a three agreement signed;

Two, the counterclaim defendant Beijing splendor century cultural arts limited return counterclaim plaintiff Li Xiuping investment funds three hundred thousand yuan, ten days after the entry into force of this decision paid off within;

Three, rejected the plaintiff Beijing splendor century culture art limited company litigation request;

Four, the plaintiff Li Xiuping other counterclaim counterclaim.

If not according to the period specified in the judgment to the payment of money obligations, should be in accordance with the "Regulations of PRC Civil Procedure Law" article 229th, double payment of interest on debt during the delay in performance.

The case acceptance fee of four thousand nine hundred yuan, the plaintiff Beijing splendor Century Cultural Arts Limited burden (paid).

The five thousand four hundred yuan of case acceptance fee (counterclaim counterclaim plaintiff paid), the counterclaim plaintiff Li Xiuping burden three thousand eighty-six yuan (paid), the counterclaim defendant Beijing splendor Century Cultural Arts Limited burden two thousand three hundred and fourteen yuan (pay within seven days after the Yu Ben verdict).

Any party who refuses to accept the decision, in theThe verdictFifteen days of the date of the petition and copy, according to the verdict of the first trial of the complaint or counterclaim part appeal amount pay court costs, appeal to the Beijing first intermediate people's court. As in the appeal after the expiration of seven days does not pay the cost of appeal, the appeal by automatic withdrawal of treatment.

                                                                                                                      The trial Sentenced Member     Yang Jing

                                                  Two OO eight years in October 20th

                                                  The book Note Member     Wei Wei