卓悦中心“清退”KKV 冲突背后：租金条款与业绩认定之争

Core Viewpoint - The ongoing dispute between Shenzhen Zhuoyue Center and KKV highlights the complexities and risks associated with commercial leasing agreements, particularly regarding rental terms, performance metrics, and contract termination conditions [1][3]. Group 1: Background of the Dispute - The partnership began in September 2021 with a six-year lease agreement, where KKV invested nearly 10 million yuan in operations and resources, becoming a key store in the North District of Zhuoyue Center [3]. - The rental structure was based on a combination of fixed rent and performance-based rent, with a special termination clause allowing Zhuoyue Center to terminate the lease if KKV failed to meet certain payment conditions [3][10]. - KKV consistently paid the fixed rent without any disputes until December 2025, when Zhuoyue Center claimed KKV had not paid performance rent, leading to the first forced closure of the store [3][4]. Group 2: Key Disputes - Dispute One: Non-payment of Performance Rent Zhuoyue Center claims KKV has never paid performance rent and has been underperforming compared to similar stores, constituting a serious breach of contract [10]. KKV counters that it has paid fixed rent and attributes the lack of performance rent to high vacancy rates and low foot traffic in the North District [11]. - Dispute Two: Legality of Termination Clause Zhuoyue Center argues that the termination clause is valid and that they followed legal procedures for termination [12]. KKV contends that the clause was not adequately explained and that Zhuoyue Center's long silence on the issue implies acceptance of the current situation [12]. - Dispute Three: Justification for Forced Closure KKV accuses Zhuoyue Center of conducting a violent forced closure without proper notice, which they claim infringes on their legal rights [13]. Zhuoyue Center defends its actions as necessary for maintaining order and complying with contractual obligations [13]. - Dispute Four: Underlying Motives for Termination There are speculations that the closure is part of a broader strategy to adjust the tenant mix in Zhuoyue Center, focusing on new dining brands to attract more customers [14]. Zhuoyue Center denies any intent to replace KKV with competitors, stating the adjustment is a standard operational practice [14]. Group 3: Industry Insights - The dispute raises questions about the clarity of performance evaluation standards and the fairness of termination clauses in commercial leases, emphasizing the need for better alignment between landlords and tenants [17]. - The evolving dynamics of commercial real estate require a balance between operational adjustments and existing contractual obligations, which poses challenges for both parties involved [17]. - The case reflects a broader trend in the industry where landlords are increasingly focused on long-term profitability and tenant performance, shifting away from merely attracting foot traffic [17][18].