Yangcheng Evening News reporter Dong Liu, correspondents Wu Jingyi and Li Xue reported: Hope that the child will become a dragon and a daughter will become a phoenix. In order to make the children win at the starting line, many parents trust relationships and spend money to buy degrees. , as a result, "going through the back door" was not the opposite and became a defendant.The Guangzhou Huangpu District Court said on June 13 that the court's effective judgment found the signed agreement to be invalid.
Sign a contract for a prestigious degree
In April and May 2021, Meimou Company and Junmou Company signed agreements and supplementary agreements successively, stipulating that Meimou Company would handle matters concerning the admission of Lin Mou, a child of Junmou Company's employees, to the national defense class of a school in Huangpu District in September 2021, and to serve The total amount of the fee is 220,000 yuan, including the contract deposit of 150,000 yuan. If the company fails to complete the contract, it will pay double the amount of the security deposit before September 1, 2021, and return the paid service fee of 220,000 yuan. .
The chat records of Lin's mother Liu and the legal representative of the magnesium company Xiao from April 8 to August 18, 2021 show that Xiao has repeatedly stated that Lin has been shortlisted and his degree has been determined.On August 24 of the same year, the company failed to complete the contract entrustment and recommended Lin to study in another school, which was rejected by Liu.Afterwards, Magnesium Company returned the 220,000 yuan collected to Junmou Company.Jun Mou Company sued to the court and asked Magne Mou Company to pay 150,000 yuan in compensation and 405,000 yuan for the difference in tuition fees.
The People's Court of Huangpu District, Guangzhou City ruled in the first instance that the agreement on illegal operation of Xiaoshengchu signed by the magnesium company and Junmou company was invalid, and rejected the plaintiff Junmou company's request that the defendant magnesium company pay liquidated damages and compensate for the difference in tuition fees.The judgment has come into effect.
The agreement itself violates the law
Liu Bo, a judge of the Huangpu District People's Court in Guangzhou, said that in this case, Junmou Company and Meimou Company attempted to circumvent the existing rules of random allocation of computer admissions, and handled relevant admissions procedures through improper means such as entrusting favors and seeking relationships, and harming other students. The right to fair enrollment disrupts the national compulsory education enrollment order, damages the social and public interests, violates the socialist core values of equality and justice, obviously violates public order and good customs, and violates legal regulations. The agreement and supplementary agreement signed by both parties should be invalid.
Liu Bo said that since the agreement between the two parties was invalid, and the agreement on liquidated damages was also invalid, Jun Mou Company's claim for compensation for the difference in tuition fees was unfounded by law, and the court did not support it.
Liu Bo pointed out that as a professional education consulting organization, the company should adhere to the principle of teaching and educating people to lead people to be kind, but it used its own resources to engage in illegal acts of interfering with work and going through the back door. The second promise to ensure a degree has resulted in the employees of Junmou's company failing to find another suitable school for their children to enroll in. Apart from being illegal, their behavior obviously violates integrity and business ethics, and relevant institutions and individuals should take it as ring.
