究竟谁在违约？卓悦中心与KKV各执一词

Core Viewpoint - The ongoing dispute between Shenzhen Zhuoyue Center and the retail brand KKV highlights the challenges faced by commercial real estate during its transformation phase, particularly regarding contract ambiguities and performance metrics [1][4]. Group 1: Dispute Details - Zhuoyue Center terminated KKV's operations citing "business adjustment" and initiated forced closure actions, leading to physical confrontations between the parties [2]. - KKV claims it has consistently paid fixed rent and disputes the assertion of unpaid performance rent, arguing that the center has not previously raised concerns about this issue [3]. - Zhuoyue Center states that KKV's long-term poor performance has led to significant unpaid performance rent, justifying their decision to terminate the contract after extensive communication and support efforts [2][3]. Group 2: Contractual Ambiguities - The dispute reveals significant ambiguities in key contractual terms, including performance rent payment, performance standards, and termination rights, which have contributed to escalating tensions [4]. - The prevalent "fixed rent + performance rent" model in commercial real estate raises questions about how to objectively monitor actual sales figures, which has become a focal point of contention [4]. - The lack of effective buffering mechanisms and third-party mediation in contracts has exacerbated disagreements, highlighting the need for clearer performance evaluation standards and reasonable termination clauses [4]. Group 3: Industry Implications - The incident reflects the pressures and challenges traditional leasing relationships face in a rapidly changing commercial environment, as seen in Zhuoyue Center's shift from a focus on trendy brands to a stronger emphasis on dining options [4]. - The trend of splitting larger stores into smaller units to enhance overall rental income poses risks for larger retail formats like KKV, especially during periods of business model adjustments [4]. - The situation prompts the industry to reconsider the establishment of fair, transparent, and adaptable cooperation frameworks to prevent similar disputes in the future [5].