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Local court accused of counterfeiting withdrawal notice in Dalian Wal-Mart case (2)

(People's Daily Online)

08:16, August 29, 2012

In 1999, the Dalian Wanguo and the Dalian Wal-Mart signed an agreement: The Dalian Wanguo would provide the money and land and construct a special Sam VIP store in the Ganjingzi District of Dalian according to requirements of the Dalian Wal-Mart, and such things as the construction drawings and materials would be arranged according to the Dalian Wal-Mart's requirements.

According to their cooperative agreement, June 11 of 2002 would be the deadline for the delivery; the Dalian Wal-Mart would rent the store as the lessee party, the annual rent would be a little more than 10 million yuan, and the lease term would be 15 years.

"But the Dalian Wal-Mart has never paid any rent since it signed the agreement and took over the place in 2002. Currently, it is behind with a rent of more than 100 million yuan," said Lin.

In November of 2011, the Focus Report program of the CCTV reported this issue with the title "Why Wal-Mart Again?" Then, The Wal-Mart (China) Investment Company ("Wal-Mart China" for short) gave a public response for the first time, saying that the Dalian Wanguo, due to such reasons as the lack of capital, inadequate certificates and disordered management, could not deliver the site in August of 2001 according to the contract. It severely delayed the Wal-Mart's plan of opening a store in Dalian and therefore the Wal-Mart side terminated the contract.

"On June 11, 2002, we and the Dalian Wal-Mart officially signed the document and delivered the site. From then on, they started to take over the working. Both sides have the signed document." Lin believes that the Dalian Wal-Mart's actions signing the document and taking over the site conflict with the Wal-Mart China's statement.

Anyway, on April 28, 2005, the arbitration award ([2005] China trade arbitration Beijing award No. 0168) made by the China International Economic and Trade Arbitration Commission clearly arbitrated that the Dalian Wal-Mart should pay the rent to the Dalian Wanguo.

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