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No.5 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Huidong County Building Engineering Company of Guangdong Province v. Wanshida Trade City (Huidong) Co. Ltd. (case of enforcement of judgment for disputes over a project payment)
最高人民法院关于反规避执行的九起典型案例之五:广东省惠东县建筑工程总公司与万事达商贸城(惠东)有限公司工程款纠纷执行案
【法宝引证码】

No.5 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Huidong County Building Engineering Company of Guangdong Province v. Wanshida Trade City (Huidong) Co. Ltd. (case of enforcement of judgment for disputes over a project payment)
(case of enforcement of judgment for disputes over a project payment)
最高人民法院关于反规避执行的九起典型案例之五:广东省惠东县建筑工程总公司与万事达商贸城(惠东)有限公司工程款纠纷执行案
No.5 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Huidong County Building Engineering Company of Guangdong Province v. Wanshida Trade City (Huidong) Co. Ltd. (case of enforcement of judgment for disputes over a project payment) 最高人民法院关于反规避执行的九起典型案例之五:广东省惠东县建筑工程总公司与万事达商贸城(惠东)有限公司工程款纠纷执行案
1. Case Summary我不休息我还能学
In Huidong County Building Engineering Company of Guangdong Province (hereinafter referred to as “Huidong Building Company”) v. Wanshida Trade City (Huidong) Co. Ltd. (hereinafter referred to as “Wanshida Company”) for disputes over a project payment, on January 13, 2010, the People's Court of Huidong County, Guangdong Province issued a notice of enforcement and an order of property declaration to Wanshida Company, the judgment debtor, ordering it to make a project payment of 800,000 yuan to the enforcement applicant on January 20 of the same year. After receiving the notice of enforcement, Wanshida Company sent personnel to appear in court, but instead of declaring its financial status, it hoped to perform the payment obligation by offering the enforcement applicant a consumption of 300,000 yuan in a designated hotel. After investigation, the court of enforcement found that: Wanshida Company was a Hong Kong-funded enterprise, and its legal representative, Li Yousheng, was a Hong Kong resident; the bank deposits of Wanshida Company were just over 1,000 yuan; the real estate registered under its name, with a total area of 16, 357 square meters, had been mortgaged to a bank and leased to a hotel, with a lease term of 60 years; the rents had been collected by Wanshida Company in a lump sum, and this real estate could not be realized.
 【案情摘要】装完逼就跑广东省惠东县建筑工程总公司与万事达商贸城(惠东)有限公司工程款纠纷执行一案,广东省惠东县人民法院于2010年1月13日向被执行人万事达商贸城(惠东)有限公司发出执行通知书及财产申报令,责令被执行人万事达商贸城(惠东)有限公司于同年1月20日支付80万元工程款给申请执行人。被执行人万事达商贸城(惠东)有限公司接到执行通知书后,派人到庭,但未申报公司财产状况,同时表示希望申请执行人在其指定的一家酒店消费30万元了结该案。经执行法院调查,被执行人万事达商贸城(惠东)有限公司为港资企业,法定代表人李幼生系香港居民,公司的银行存款仅有1000多元,登记在公司名下的房地产占地面积共计16357平方米,已在银行办理了抵押登记,且该房地产已被万事达商贸城(惠东)有限公司出租给某酒店,租赁期限为60年,且租金已由被执行人一次性收取,该房产无法处置变现。
As Li Yousheng, the legal representative of Wanshida Company, was a Hong Kong resident, the court of enforcement decided to restrict his departure from the territory of China. On the evening of March 25, 2010, Li Yousheng was restricted from departing the territory of China while attempting to depart through Luohu Port at Shenzhen. Afterwards, the court of enforcement decided to detain him. After being detained, Li Yousheng confessed to failures to declare property and perform obligations imposed by legal instruments. Finally, Huidong Building Company and Wanshida Company reached reconciliation, and Wanshida Company made the project payment of 800,000 yuan to Huidong Building Company in two installments. 因被执行人万事达商贸城(惠东)有限公司法定代表人李幼生系香港居民,执行法院决定对其采取限制出境措施。2010年3月25日晚,正准备在深圳罗湖口岸出境的李幼生被限制出境。随后,执行法院决定对其采取拘留措施。被拘留后,李幼生主动承认了不申报财产和不履行法律文书确定义务的错误。最终,申请执行人广东省惠东县建筑工程总公司与被执行人万事达商贸城(惠东)有限公司达成执行和解协议,被执行人分两期将80万元工程款全部支付给了申请执行人。
2. Significance好饿但是不想动

When the judgment debtor failed to perform its obligations determined in legal instruments, the court of enforcement adopted measures such as restricting its legal representative's departure from the territory of China and detaining its legal representative. Faced with strict legal deterrents, the judgment debtor performed its obligations, and this enforcement case was smoothly closed.

 【典型意义】法小宝由于被执行人不履行法律文书确定的义务,执行法院依法对被执行人法定代表人采取限制出境和拘留措施,在强大的法律威慑力下,被执行人履行了义务,案件得以顺利执结。

 
     
     
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