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No.1 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Capital Normal University v. Zhongjian Property Management Company (case of enforcement of judgment for disputes over a heat supply contract)
最高人民法院关于反规避执行的九起典型案例之一:首都师范大学与中建物业管理公司供用热力合同纠纷执行案
【法宝引证码】
  • Type of Dispute: Enforcement
  • Procedural status: Enforcement

No.1 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Capital Normal University v. Zhongjian Property Management Company (case of enforcement of judgment for disputes over a heat supply contract)
(case of enforcement of judgment for disputes over a heat supply contract)
最高人民法院关于反规避执行的九起典型案例之一:首都师范大学与中建物业管理公司供用热力合同纠纷执行案
No.1 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: Capital Normal University v. Zhongjian Property Management Company: Capital Normal University v. Zhongjian Property Management Company (case of enforcement of judgment for disputes over a heat supply contract) 最高人民法院关于反规避执行的九起典型案例之一:首都师范大学与中建物业管理公司供用热力合同纠纷执行案

1. Case Summary
In Capital Normal University v. Zhongjian Property Management Company (hereinafter referred to as “Zhongjian Company”) for disputes over a heat supply contract, the People's Court of Haidian District, Beijing decided that Zhongjian Company should pay the heating fee of 2,913,715.7 yuan and interest of 270,025.17 yuan to Capital Normal University. Zhongjian Company appealed against the first-instance judgment. The No. 1 Intermediate People's Court of Beijing, as the court of second instance, dismissed the appeal and sustained the original judgment.
 
【案情摘要】首都师范大学与中建物业管理公司供用热力合同纠纷一案,北京市海淀区人民法院判决中建物业管理公司给付首都师范大学供暖费2913715.7元以及利息270025.17元。一审判决后,中建物业管理公司提起上诉。北京市第一中级人民法院二审判决驳回上诉,维持原判。

As Zhongjian Company did not perform its obligations determined in the effective judgment, Capital Normal University applied to the People's Court of Haidian District, Beijing for enforcement. The court of enforcement ordered Zhongjian Company to declare its assets. Zhongjian Company declared two bank accounts opened by it at Industrial and Commercial Bank of China and Industrial Bank Co., Ltd. The court of enforcement froze these two accounts, but only 9,800 yuan was available in these accounts. After further investigation, the court of enforcement found that Zhongjian Company had another account at China Construction Bank. Therefore, the court of enforcement froze all 13,289.02 yuan in this account. The court of enforcement ordered the person in charge of Zhongjian Company to explain in court why Zhongjian Company did not faithfully declare its assets, and ordered Zhongjian Company to provide the account statements and certificates of all these three bank accounts for investigation. However, the person in charge of Zhongjian Company failed to appear in court, and no account statements and certificates were provided either. The court of enforcement ordered a search of the offices of Zhongjian Company. Upon examination of the accounting books obtained in the search, the court of enforcement found that Zhongjian Company had paid a large sum of money to Zhongjian North Wing Hostel in the name of wages, medical expenses, travel expenses and so on, up to 1 million yuan in total. The court of enforcement also examined the transaction records of Zhongjian Company's account at China Construction Bank, which demonstrated that Zhongjian Company had multiple transactions of large sums even after the court of enforcement had issued a notice of enforcement. The court of enforcement investigated the business premises of Zhongjian North Wing Hostel, and found a modest business with only six employees and a monthly income of 20,000 to 30,000 yuan.
......
 
由于中建物业管理公司未履行生效判决确定的义务,首都师范大学向北京市海淀区人民法院申请执行。执行法院要求中建物业管理公司申报财产情况。中建物业管理公司申报了中国工商银行和兴业银行两个银行账户,执行法院对两个账户进行了冻结,仅扣划到9800元。执行法院进一步调查发现,中建物业管理公司在中国建设银行还开立有一个账户,执行法院遂冻结了该账上仅有的存款13289.02元。执行法院要求中建物业管理公司负责人到庭说明为何没有如实申报财产,并要求中建物业管理公司提供3个银行账号的对账单和会计凭证供调查。中建物业管理公司负责人未到庭,且未提供对账单和会计凭证。鉴于此,执行法院对中建物业管理公司的办公场所进行了搜查。通过查阅搜查获取的会计账簿,发现中建物业管理公司以工资、药费、差旅费等名义向中建北配楼招待所支付了大笔费用,累计近百万元。执行法院调取了中建物业管理公司的中国建设银行账户交易记录,显示在执行法院发出执行通知书后,中建物业管理公司仍有多笔大额资金往来。执行法院到中建北配楼招待所的经营场所进行调查,发现招待所条件十分简陋,仅有6名员工,月经营收入为20000至30000元。
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