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No.1 of Four Model Cases Published by the Supreme People's Court: Shagang Company v. Kaitian Company (Case of dispute over objection to the enforcement distribution scheme)
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最高人民法院发布四起典型案例(2015)之一：沙港公司诉开天公司执行分配方案异议案
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No.1 of Four Model Cases Published by the Supreme People's Court: Shagang Company v. Kaitian Company (Case of dispute over objection to the enforcement distribution scheme)
(Case of dispute over objection to the enforcement distribution scheme)
最高人民法院发布四起典型案例(2015)之一：沙港公司诉开天公司执行分配方案异议案
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| No.1 of Four Model Cases Published by the Supreme People's Court: Shagang Company v. Kaitian Company (Case of dispute over objection to the enforcement distribution scheme) | | 最高人民法院发布四起典型案例(2015)之一：沙港公司诉开天公司执行分配方案异议案 |
| (1) Basic Facts | | （一）基本案情 |
| On June 11, 2010, the People's Court of Songjiang District, Shanghai Municipality rendered a civil judgment (No. 275 [2010], First, Civil DivisionII, Commercial, Songjiang) (hereinafter referred to as the “No. 275 judgment”) that Rongcheng Company should make payment of goods to Shagang Company and pay the corresponding loss of interest. After the No. 275 judgment came into force and entered the enforcement procedure, since the clues to Rongcheng Company's property available for enforcement failed to be verified, the enforcement was concluded. After the cancellation of Rongcheng Company, Shagang Company filed an application for resuming the enforcement. The People's Court of Songjiang District rendered a ruling to resume the enforcement and add Kaitian Company, a shareholder of Rongcheng Company, and other seven natural person shareholders as persons subject to enforcement, which were liable for Shagang Company to the extent of their respective false capital contributions, and deducted the funds of Kaitian Company and four natural person shareholders amounting to 696,505.68 yuan (including 450,000 yuan making up the capital contribution of Kaitian Company). On July 18, 2012, the People's Court of Songjiang District placed two lawsuits filed by Kaitian Company on file and accepted them: case with the judgment (No. 1436 [2012], First, Civil DivisionII, Commercial, Songjiang) and case with the judgment (No. 2084 [2012], First, Civil DivisionIII, Civil, Songjiang). Kaitian Company required the eight shareholders of Rongcheng Company to assume joint and several liability for paying off the debts owed by Rongcheng Company to Kaitian Company as well as corresponding interest, housing rent, and corresponding liquidated damages for overdue payment. After the judgments of the aforesaid two cases came into force, they entered the enforcement procedure. | | 2010年6月11日，上海市松江区人民法院作出（2010）松民二（商）初字第275号民事判决，茸城公司应当向沙港公司支付货款以及相应利息损失。275号案判决生效后进入执行程序，因未查实茸城公司可供执行的财产线索，终结执行。茸城公司被注销后，沙港公司申请恢复执行，松江法院裁定恢复执行，并追加茸城公司股东开天公司及7名自然人股东为被执行人，并在各自出资不实范围内向沙港公司承担责任，扣划到开天公司和4个自然人股东款项共计696505.68元（包括开天公司出资不足的45万元）。2012年7月18日，该院分别立案受理由开天公司提起的两个诉讼：（2012）松民二（商）初字第1436号案和（2012）松民三（民）初字第2084号案，开天公司要求茸城公司8个股东在各自出资不实范围内对茸城公司欠付开天公司借款以及相应利息、房屋租金以及相应逾期付款违约金承担连带清偿责任。该两案判决生效后均进入执行程序。 |
On February 27, 2013, Shagang Company received the Distribution Scheme of Funds Subject to Enforcement of Additional Shareholders of Rongcheng Company, the Person Subject to Enforcement (hereinafter referred to as the “Distribution Scheme”), which was served upon it by the Enforcement Bureau of the People's Court of Songjiang District. The Distribution Scheme consolidated the aforesaid three cases and determined that the funds subject to enforcement of 696,505.68 yuan should first reimburse the litigation expenses of the aforesaid three cases, the residual funds should be distributed at the same proportion of 31.825%, and if there was any fund subject to enforcement in the future, such fund should be distributed again. Afterwards, Shagang Company submitted a Written Objection to the Enforcement Distribution Scheme, holding that Kaitian Company could not participate in the distribution of the fund that was deducted due to its false capital contribution and Shagang Company did not recognize the failure to include the double interest arising from overdue payment into the subject matter of enforcement in the Distribution Scheme. Kaitian Company put forward an adverse opinion to the aforesaid Objection to the Enforcement Distribution Scheme of Shagang Company and required distribution according to the original scheme. The People's Court of Songjiang District notified Shagang Company of Kaitian Company's adverse opinion by letter. On April 27, 2013, the People's Court of Songjiang District legally accepted this lawsuit filed by the plaintiff, Shagang Company.
．．．．．． | | 2013年2月27日，沙港公司收到松江法院执行局送达的《被执行人茸城公司追加股东执行款分配方案表》。分配方案表将上述三案合并，确定执行款696505.68元在先行发还三案诉讼费用后，余款再按31.825%同比例分配，今后继续执行到款项再行分配处理。沙港公司后向松江法院提交《执行分配方案异议书》，认为开天公司不能就其因出资不到位而被扣划的款项参与分配，且对分配方案未将逾期付款双倍利息纳入执行标的不予认可，开天公司对沙港公司上述执行分配方案异议提出反对意见，要求按原定方案分配。松江法院将此函告沙港公司，2013年4月27日，松江法院依法受理原告沙港公司提起的本案诉讼。
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