When couples break up, the wedding photo studio will refund half the fee.

The loving couple signed a shooting service contract with the wedding dress shop and paid in full, but unexpectedly chose to break up because of sudden emotional changes. What about the original shooting contract? Can the payment be recovered? Recently, the People's Court of Zhangjiagang City mediated this special service contract dispute.

Wang and Shao were lovers, and they had already set a good day for their wedding. In May 2006, they reached a wedding photography contract with the wedding photography shop opened by Li, and Wang immediately paid more than 3,000 yuan for photography. The latter two failed to complete their engagement for some reasons. Wang appealed to the court after failing to negotiate with the wedding dress shop, demanding that the wedding photo shooting contract be terminated and that Li return the shooting money. Li argued that the filming contract was legal and valid, and both parties should earnestly perform it. After signing the contract, the bridal shop provided some gifts to the plaintiff and made some preparations. The shooting date agreed in the contract is June 5438+ 10, 2006, and it is a breach of contract for Mr. and Mrs. Wang not to come to shoot on time. After nearly two years, the plaintiff claimed that the subject had changed and demanded to cancel the contract and return the price, which was difficult for the defendant to agree with.

After the trial, the court found that the contract and payment between the two parties were true, and the defendant did make some preparations for the filming work and provided some gifts to the plaintiff. Because the subject matter of this case is not big, the plaintiff has defects in the performance of the contract. Both parties reached a settlement from the perspective of combining reason with law, and the defendant returned half of the money to the court of first instance.

[Judge's comment]

In fact, this is a very interesting little case. Although the performance period agreed by both parties has already expired, the contract has not been actually performed, nor has it been terminated according to law, and it is still in an uncertain performance state. The specific purpose of concluding this contract can no longer be achieved, so the plaintiff's request to terminate the contract can be supported. However, the plaintiff has breached the contract and should bear the corresponding liability for breach of contract. In the absence of clear agreement between the two parties, the plaintiff may be considered to compensate for certain economic losses.