Man 1.65 million rent server "mining" cheated, court ruled that the contract is invalid
On August 17, according to the surging coverage, the Intermediate Court of Changsha City, Hunan Province issued a typical case of environmental resources trial involving virtual currency "mining".
According to the introduction, the plaintiff Luo and the defendant Hunan company signed three "Server Equipment and Software System Purchasing Service Contracts" on May 7, May 8 and May 18, 2021 respectively. The contract stipulates that the defendant company will provide Luo with 5 servers, and the total purchase price will be 1.65 million yuan; the defendant company promises that the "mining" income will not be lower than the average level of the whole network. If the penalty is caused due to technical problems, the company will bear the corresponding losses. After the contract is signed, Luo will send 1.65 million yuan to Fan, the actual owner of the defendant Hunan company, in installments as required by the contract. Later, Fan and his company have not delivered the server equipment and software system to Luo, nor have they obtained any ROI promised by Fan and his company. Luo sued the court to request termination of the contract and compensation for losses.
The Tianxin District Court of Changsha City found that the contract signed by the two parties of the original defendant was invalid due to violation of public order and good customs. The defendant company spent 60,000 yuan on renting cabinets from the outsider company. Considering that both parties were at fault for the invalidation of the contract involved in the case, the loss should be borne by both parties 30,000 yuan. The defendant, a company in Hunan, has received 1.65 million yuan from the plaintiff and should return 1.62 million yuan to the plaintiff; the defendant, Fan, is jointly and severally liable for the payment obligation undertaken by a company in Hunan under his name; Luo's other claims are rejected.