The service contract for illegal operation is invalid!
2022-05-31
Recently, the people's Court of Huangpu District, Guangzhou City, Guangdong Province concluded a service contract dispute caused by the arranged enrollment, held that the relevant agreement on the illegal operation of the small Promotion Program signed by an education consulting company of magnesium and a company of Jun was invalid, and rejected the lawsuit of the plaintiff, Jun, requesting the defendant, Mg, to pay liquidated damages and compensate for the difference in tuition fees. The judgment in this case is now in force. The student Lin's registered residence and residence are in Panyu District, Guangzhou. An experimental school in Huangpu District, Guangzhou involved in the case is a private school. According to the normal process, Lin chose the computer allocation method to enroll in the school. In April and may of 2021, a magnesium company and a Jun company successively signed agreements and supplementary agreements, agreeing that a magnesium company would handle the matter of Lin, the child of a Jun company, enrolling in the national defense class of the experimental school in September of 2021. The total amount of the service fee was 220000 yuan, and the contract deposit was 150000 yuan. If a magnesium company failed to do so, it would pay double the amount of the deposit before September 1, 2021, and return the paid service fee of 220000 yuan. According to the chat records between Lin's mother Liu and Xiao, the legal representative of a magnesium company, from April 8 to August 18, 2021, Xiao has repeatedly said that Lin has been shortlisted and his degree has been determined. On August 24 of the same year, a magnesium company failed to complete the entrusted matters of the contract, and instead recommended Lin to attend another school, which was rejected by Liu. Later, a magnesium company will return the 220000 yuan collected to a Jun company. Jun company sued to the court and asked a magnesium company to pay 150000 yuan as compensation and 405000 yuan as compensation for the difference in tuition fees. After the trial, the court held that the agreement and supplementary agreement signed by junmou company and Magnesium Company attempted to handle the relevant admission procedures through improper means such as trust and relationship seeking, which damaged the right of other students to enter the school fairly, disrupted the enrollment order of national compulsory education, damaged the social public interest, violated the core socialist values of equality and justice, obviously violated public order and good customs, violated laws and regulations, and should be null and void. As the agreement between the two parties is invalid, the agreement on liquidated damages is also invalid. Jun's claim for compensation for the difference in tuition fees by Mg is groundless in law, and the court will not support it. (wujingyi, Li Xue) ■ judge's statement ■ Liubo, a judge of the Huangpu District Court, said that in the case, junmou company and Magnesium Company tried to bypass the existing computer random placement enrollment rules, which damaged the rights of other students to enter the school fairly, and that the invalidity of the contract was conducive to protecting the social and public interests. As a professional education consulting organization, a company of magnesium should have followed the principle of teaching and educating people to lead people to good, but it used its own resources to engage in illegal activities of changing classes and taking advantage of the back door. In the case of failing to complete the entrusted matters, it still promised for many times to ensure that it had a degree. As a result, the employees of a company of Jun have not been looking for a suitable school for their children to enroll in, and their behavior is not only illegal, but also obviously against integrity and business ethics, Relevant organizations and individuals should take warning. (outlook new era)
Edit：sishi Responsible editor：xingyong
Source：http://rmfyb.chinacourt.org/paper/html/
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