Shulou(Shulou.com)11/24 Report--

CTOnews.com December 5 news, recently, Baidu Times Network Technology (Beijing) Co., Ltd. and Jiangsu SUNING Electronic Commerce Co., Ltd., Shenzhen Yunwang Wandian Technology Co., Ltd. technical service contract dispute legal documents of the first instance made public.

According to the documents, the plaintiff Baidu claimed that it had signed two contracts with SUNING, agreeing that Baidu or its affiliated companies would provide Baidu traffic services to SUNING, and agreed on the service fees that SUNING had put in, the product discounts in the framework cycle and the overdue liquidated damages of SUNING. The service fee payment period has now expired, but SUNING violated the contract and owed Baidu the service fee from November 2020 and February 2021 to November 2021.

SUNING company replied that the amount of service fee should be recognized, and the calculation method and period of liquidated damages shall be determined by the court. Yunwang replied that SUNING is its independent subsidiary and there is no confusion of property as described in the company law.

The court held that the contract and terms between Baidu and SUNING were the true intentions of both parties and should be carried out in accordance with the contract. Cloud Network Company, as the sole shareholder of SUNING Company, should bear joint and several liability if it does not submit evidence to prove that its property is independent of SUNING Company. In the end, the court ordered the two defendants to jointly pay the plaintiff more than 7.08 million yuan in technical service fees and the corresponding liquidated damages.

CTOnews.com learned that SUNING has been losing money recently, with operating income of 18.328 billion yuan in the third quarter of 2022, down 16.57% from the same period last year, and a net loss of 1.805 billion yuan, or 2.463 billion yuan after deducting non-recurring gains and losses. SUNING's operating income in the first three quarters was 55.538 billion yuan, down 51.95 percent from the same period last year; the net loss was 4.545 billion yuan, and the net loss after deducting non-recurrent profit and loss was 5.219 billion yuan.

In September this year, the judgment of the first instance of the advertising contract dispute between Beijing Zhihu Technology Co., Ltd. and Jiangsu SUNING Electronic Commerce Co., Ltd. was made public. The court ordered Jiangsu SUNING Company to pay 1.001 million yuan in advertising fees and corresponding interest to Zhihu Technology Company, as well as a loss of 50, 000 yuan in legal fees.

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