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No.13 of Model Cases regarding Taiwan-Related Mutual Judicial Assistance Provided by People's Courts Issued by the Supreme People's Court: Case regarding Wang's Application for Recognition of the Order of Payment Issued by the Relevant Court of Taiwan Region
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人民法院涉台司法互助典型案例之十三：王某某申请认可台湾地区有关法院支付命令案
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No.13 of Model Cases regarding Taiwan-Related Mutual Judicial Assistance Provided by People's Courts Issued by the Supreme People's Court: Case regarding Wang's Application for Recognition of the Order of Payment Issued by the Relevant Court of Taiwan Region
人民法院涉台司法互助典型案例之十三：王某某申请认可台湾地区有关法院支付命令案
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| No.13 of Model Cases regarding Taiwan-Related Mutual Judicial Assistance Provided by People's Courts Issued by the Supreme People's Court: Case regarding Wang's Application for Recognition of the Order of Payment Issued by the Relevant Court of Taiwan Region | | 人民法院涉台司法互助典型案例之十三：王某某申请认可台湾地区有关法院支付命令案 |
| 1. Basic facts | | （一）基本案情 |
| On March 11, 2009, a Taiwan resident surnamed Wang applied to the Taiwan Shihlin District Court for issuing an order of payment to a Taiwan resident surnamed Xia, on the ground that Xia owed him HKD 120,100 and did not return the money to him after he repeatedly urged debt repayment. On March 17, 2009, the Taiwan Shihlin District Court issued an order of payment (No. 4560 [2009], Taiwan Shihlin District Court), indicating that: (1) The debtor, Xia, should pay off HKD 120,100 and interest thereof to the creditor, Wang, and compensated for the expenses arising from the procedure for urging debt repayment; otherwise, Xia should raise an objection to the Taiwan Shihlin District Court within the peremptory period of 20 days after the order of payment was served. (2) If the debtor had not raised objection during the period specified in item (1), this order shall have the same effect as the judgment on confirmation. On May 20, 2009, the Taiwan Shihlin District Court issued a certificate confirming the order of payment, certifying that the aforesaid order of payment had been served on March 24, 2009 and confirmed on April 13, 2009. | | 2009年3月11日，台湾居民王某某以台湾居民夏某某欠其借款港币120100元，经多次催告仍不返还为由，向台湾士林地方法院申请对夏某某签发支付命令。2009年3月17日，台湾士林地方法院作出2009年度促字第4560号支付命令，该支付命令载明：1.债务人夏某某应向债权人王某某清偿港币120100元及利息并赔偿督促程序费用，否则应于支付命令送达后二十日之不变期间内，向台湾士林地方法院提出异议。2.如债务人未于第一项期间内提出异议，本命令与确定判决有同一之效力。2009年5月20日，台湾士林地方法院作出支付命令确定证明书，证明前述支付命令经于2009年3月24日送达，业于2009年4月13日确定。 |
| In July 2010, Wang applied to the Intermediate People's Court of Zhongshan City, Guangdong Province for recognition of the aforesaid order of payment made by the Taiwan Shihlin District Court. | | 2010年7月，王某某向广东省中山市中级人民法院申请认可台湾士林地方法院前述支付命令。 |
| 2. Judgment | | （二）裁判结果 |
The Intermediate People's Court of Zhongshan City found upon examination that: (1) The applicant, Wang, purchased a house located in Zhongshan City, Guangdong Province, in February 2008 and lived in the house. (2) The respondent, Xia, had not raised objection to the authenticity of the order of payment (No. 4560 [2009], Taiwan Shihlin District Court). (3) Both parties clearly confirmed that, with respect to the matters involved in the order of payment for whose recognition was applied in this case, they did not enter an arbitration agreement, and did not institute an action or apply for arbitration to a court or arbitral institution of mainland China.
．．．．．． | | 中山中院经审查查明：1.申请人王某某于2008年2月购买了位于广东省中山市的房屋并在该房屋居住。2.被申请人夏某某对台湾士林地方法院2009年度促字第4560号支付命令的真实性没有提出异议。3.双方均明确确认就本案申请认可支付命令所涉事项，双方既未订有仲裁协议，也未向大陆人民法院或仲裁机构提起相同之诉讼或仲裁。
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