Character

Brief of a case: Zhu Mou entrusts house of a commodity intermediary company to hang out one's shingle rental, li Mou is intended bear hire, after seeing a room on the spot, undertook consulting with respect to the problem such as hire and its terms of payment with Zhu Mou. Reach basically after agreeing, bilateral agreement signs the contract that rent to intermediary company at morrow. In Zhu Mou the requirement falls, li Mou paid 5000 yuan to its capture " subscription " , zhu Mou issue receipt, mention expressly: "Get Li Mou subscription 5000 yuan, tomorrow signs the contract that rent, if have,disobey retreat one compensate one. If have,disobey retreat one compensate one..

Morrow, both sides reachs intermediary company, because village of this room place offers 24 hours of central hot water to reach central air conditioning, reason property administration fee is taller. Zhu Mou puts forward, li Mou is actual living person, property service is enjoy by Li Mou, reason should assume property to expend by Li Mou, put forward lease to be a year surely; And Li Mou thinks, the basis hires the usual practice of the market, property cost should be assumed by owner, put forward the house that its buy in his place inside half an year to use delivery, reason agrees to sign the renting contract of half an year only. Because both sides cannot be reached to afore-mentioned problems,agree, li Mou is about to want to answer already paid subscription, zhu Mou does not agree. One week later, zhu Mou leases the building additionally at other, after Li Mou is informed this circumstance, appeal to then to forensic requirement Zhu Mou times doubler return return deposit.

In judicial cognizance, li Mou says, zhu Mou collection after its deposit lease the building additionally however at other, punish according to deposit criterion, zhu Mou ought to times doubler return return deposit. Zhu Mou thinks, the responsibility that does not sign a contract depends on Li Mou, in both sides the relevant provision to the contract cannot reach consistent circumstance to fall, its have authority naturally to hire the building additionally another person. In addition, after seeing a room its although collection Li Mou 5000 yuan " subscription " , but this " subscription " with jural regulation " deposit " be not same idea, do not produce deposit times doubler return returned legal consequence, its agree with reason only return return Li Mou 5000 yuan.

After the court is tried, think, li Mou 5000 yuan to Zhu Mou consign although the name is " subscription " , but the agreement that does not sign consequence of law of the contract that rent according to be opposite in receipt namely " tomorrow signs the contract that rent, if have,disobey retreat one compensate one " , ought to maintain this " subscription " solid it is those who sign the contract that rent to assure, the law that has deposit is sequential. Because be before collection deposit, both sides did not reach property administration fee to leasing the time of the contract assume undertake consulting, and cannot reach to afore-mentioned content when signing the contract that rent acceptability, send a contract to fail to sign the fault that is not any one party, reason Li Mou still cannot applicable deposit punishs a requirement Zhu Mou to assume times doubler return returned responsibility. Adjudicate Zhu Mou is assumed then return the responsibility that returns 5000 yuan.
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