Guanzhuang Credit Cooperative of Ji County, Tianjin Municipality v. Li Wentong
(Case of Li Wentong Being Searched for Refusing to Execute Court Judgment and Hiding Property)@#
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BASIC FACTS@#
Petitioner: Guanzhuang Credit Cooperative of Ji County, Tianjin Municipality.@#
Petitionee: Li Wentong, male, farmer of Xioatun Village, Guanzhuang of Ji County, Tianjin Municipality.@#
JUDGMENT@#
In 1986, Li Wentong formed a water supply installation team with She Fuchen and Kang Xueling. During their partnership, they loaned 65,000 yuan from Guanzhuang Credit Cooperative of Ji County, Tianjin Municipality. They made a loss and can't repay the loan. The principal and interest of the due and not repaid loan totaled 87021.79 yuan. Guanzhuang Credit Cooperative filed a lawsuit with the People's Court of Ji County, Tianjin Municipality, requesting Li Wentong and his partners to repay the principal and interest of the loan. Upon trial, the Ji County People's Court held that 41162.64 yuan out of the loan was used for their partnership business, so this amount and 13945.74 yuan of the interest thereof are liability incurred during the partnership business and shall be jointly repaid by all partners with each paying one third of the debt and all partners bearing joint and several liability. Moreover, She Fuchen took 11200.94 yuan out of the loan, the interest thereof is 3794.85 yuan; Kang Xueling took 697.22 yuan out of the loan, the interest thereof is 236.22 yuan; Li Wentong took 8352.50 yuan, the interest thereof is 2829.81 yuan; and Chen Fengshan, a third party, borrowed 3586.70 yuan out of the loan, the interest thereof is 1215.17 yuan. All the above-mentioned debts shall be paid by the above-mentioned persons for their own. Therefore, the Ji County People's Court decided on December 28th, 1989 that, for the loan concerned in this case, She Fuchen shall repay the principal and interest totaling 33365.25 yuan, Kang Xueling shall repay 19302.90 yuan, Li Wentong shall repay 29551.77 yuan, and Chen Fengshan shall repay 4801.87 yuan.@#
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李文通拒不执行法院判决并隐匿@#
财产被搜查案@#
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申请人：天津市蓟县官庄信用社。@#
被申请人：李文通，男，天津市蓟县官庄乡小屯村农民。@#
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１９８６年，被申请人李文通与佘付辰、康学伶合伙成立自来水安装队。合伙期间，合伙人先后向申请人天津市蓟县官庄信用社贷款６．５万元。后合伙经营亏损，个人占用合伙贷款，致使贷款逾期不能归还。截至１９８９年１２月２０日，逾期未还的贷款本金及利息共８７０２１．７９元。官庄信用社向天津市蓟县人民法院提起诉讼，要求李文通等人归还贷款本金及利息。蓟县人民法院审理认为：逾期贷款用于合伙经营的计４１１６２．６４元，利息１３９４５．７４元，是合伙期间的债务，应由各合伙人共同归还，每归还三分之一，合伙人之间承担连带责任。另外，佘付辰占用贷款本金１１２００．９４元，利息３７９４．８５元；康学伶占用６９７．２２元，利息２３６．２２元；李文通占用８３５２．５０元，利息２８２９．８１元；第三人陈凤山借用合伙人贷款３５８６．７０元，利息１２１５．１７元，应由个人负责归还。据此，蓟县人民法院于１９８９年１２月２８日判决；佘付辰归还贷款本金及利息３３３６５．２５元，康学伶归还１９３０２．９０元，李文通归还２９５５１．７７元，第三人陈凤山归还４８０１．８７元。@#
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