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在日常的经济往来中,订立合同的双方当事人常常就合同的履行顺序及违约金的内容作出约定。一旦出现先履行义务方迟延履行的情况时,后履行义务方有权利依约要求对方支付一定数额的违约金,作为惩罚。但若在先履行义务方不同意给付违约金时,后履行义务方是否可以以此作为抗辩事由而拒绝履行自己的合同义务,法律对此没有一个明确的规定。本文将通过一个真实案例来分析和解答这一问题。
In the course of daily economic transactions, the parties to the contract often make the stipulations on the fulfillment order of the contract and the contents of the liquidated damages. In the event of delay in fulfilling the obligations of the obligor, the obligor of subsequent performance obligations shall have the right to require the other party to pay a liquidated damages of a certain amount as a penalty. However, if the party performing the obligation first fails to agree to pay the liquidated damages, the later obligor can refuse to fulfill his contractual obligations as a defensive reason. There is no clear law in this regard. This article will analyze and answer this question through a real case.