Trial court:Dalian Zhongshan District People's Court

Case No:(2021) Liao 0202 Min Chu No. 12382

Cause of action:The Outsider's Enforcement Objection

Date of Referee:04 November 2022

Dalian Zhongshan District People's Court

civil judgment

(2021) Liao 0202 Min Chu No. 12382

The plaintiff:Dong Mou, female,Born on December 24, 1994, Han, lives in Zhongshan District, Dalian.

Authorized agent ad litem: Ruan Shuming, lawyer of Liaoning Tianying Law Firm.

The accused:Zhang Mouyun, male,Born on August 21, 1976, Han, lives in Xigang District, Dalian.

Defendant: Dalian Zhonghe Sanbai Industrial Development Co., Ltd., domicile of Changjiang Road, Zhongshan District, Dalian CityNo. 9, Floor 25, Unit 1, Building B4, No. 311.

Legal Representative:Zhang Mouyun.

PlaintiffDong MouWith the accusedZhang MouyunDalian Zhonghe Sanbai Industrial Development Co., Ltd. (hereinafter referred to as Zhonghe Company) filed a lawsuit against outsiders in the execution of objections.After the case was filed on December 1, 2021, the ordinary procedure was applied in accordance with the law and the trial was held in public. PlaintiffDong MouRuan Shuming, the entrusted litigation agent, appeared in court to participate in the proceedings, the defendant.Zhang Mouyun, Zhonghe Company served the court summons by the announcement of the court, did not appear in court to participate in the proceedings, the case was heard in absentia according to law. The case has now been closed.

The plaintiff filed a claim with the court: permission to execute.Zhang MouyunPersonal Deposit31639.91 yuan. In the course of litigation, the plaintiff changed the claim to: 1. additional defendants.Zhang MouyunFor the execution of the case; 2. permission to executeZhang MouyunPersonal Deposit19697.5 yuan and 3000 yuan liquidated damages, totaling 22697.5 yuan.

Facts and Reasons: The plaintiff and Zhonghe Company had a dispute over the payment of labor remuneration.On May 10, 2021, an arbitration application was filed with the Labor and Personnel Arbitration Commission of Xigang District, Dalian City, and the Arbitration Commission conducted mediation on June 21, 2021. After negotiation between the original defendant and the settlement agreement was reached, according to which the arbitration Committee made the arbitration mediation document no 229 of the west labor zhong case (2021). because the defendant failed to perform its obligations on schedule, the plaintiff applied to your court for enforcement on August 4, 2021. your court entered the enforcement procedure on August 5, 2021 by ruling (2021) Liao 0202 zhi no 6569. during the enforcement, the judge informed zhonghe company that the balance of the account was insufficient, and the plaintiff collected the defendant through effortsZhang MouyunWeChat records and online banking fund transaction documents to prove the defendant.Zhang MouyunThe company's funds are in regular contact with its personal account, according to which the plaintiff filed an enforcement objection with your court, requesting the execution of the defendant.Zhang Mouyunpersonal assets.On November 19, 2021, the plaintiff received your court (2021) Liao 0202 Zhi Yi No. 485 "Execution Ruling", because according to the address to the second defendant failed to serve, the second defendant did not appear in court, the plaintiff submitted evidence to be further verified, so in the implementation of the objection review does not support the plaintiff's claim, rejected in accordance with the law. Therefore, the plaintiff filed a lawsuit against your court, and in accordance with the law, the account of a natural person's sole proprietorship limited liability company and the funds in the individual account shall be used to repay the company's debts with its personal assets. The company's funds are not sufficient to repay the debt and should be used by the defendant.Zhang Mouyunof personal assets to repay debts, so apply to your court to execute the legal representative of the defendant Zhonghe Company (the executed person).Zhang Mouyunpersonal assets.

The accusedZhang MouyunZhonghe Company did not reply.

The parties submitted evidence according to law around the litigation request, and the court organized the parties to exchange evidence and cross-examination. If there is no objection to the evidence of the parties, the court shall confirm it and corroborate it in the file. The court shall determine the disputed evidence and facts according to law. Based on the statements of the parties and the evidence examined and confirmed by the Court, the Court determined the following facts:

On June 21, 2021, the Labor and Personnel Dispute Arbitration Commission of Xigang District, Dalian CityDong MouA dispute over the payment of labor remuneration to Zhonghe Company was made in the case of Xil Lao Ren Zhong (2021) Arbitration Mediation No. 229, the two parties reached the following agreement: 1. the two parties agree, the labor contract will be terminated on April 20, 2021; 2. Zhonghe Company shall beDong MouSupplementary paymentProvident fund outstanding for a total of 8 months from September 2020 to April 2021, and social insurance outstanding for a total of 7 months from October 2020 to April 2021; 3. Zhonghe CompanyDong MouTransfer payment in RMB19697.5 yuan. This payment is used as a settlement of this case and.Dong MouCompensation for the expenses of various labor disputes that occur and may occur during the period of on-the-job work; 4., if Zhonghe Company fails to perform the contents of Articles 2 and 3 of the agreement on time, it is necessary to report separatelyDong MouPayment3000 yuan of liquidated damages; 5. the termination of the rights and obligations of both parties, there are no other economic disputes and labor disputes,Dong MouGuarantee not to file a lawsuit against Zhonghe Company again on other labor dispute matters or to report, complain and file a lawsuit with other departments again. SuchDong MouIn violation of this Agreement, the above amount shall be returned to Zhonghe Company in full and compensation shall be made for all losses incurred by Zhonghe Company. The defendant Zhonghe Company failed to fulfill the obligations of the above agreement on schedule. For this reason, the plaintiff applied to the court for enforcement. The case number is (2021) Liao 0202 Zhi No. 6569. On December 21, 2021, the Court issued (2021) Liao 0202 Executive Ruling No. 6569, which terminated the execution because Zhonghe Company had no property to execute. During the execution,Dong MouPropose to add the legal representative of Zhonghe Company as the person subject to execution;On November 16, 2021, the court issued (2021) Liao 0202 Zhiyi No. 485 executive ruling, ruling to reject the dissenters.Dong MouThe objection request.Dong MouIf you are not satisfied, file a lawsuit in this case.

In addition, the defendant Dalian Zhonghe Sanbai Industrial Development Co., Ltd. was established inOn October 26, 2018, the registered capital was 50 million yuan, the defendantZhang Mouyunis the sole shareholder.

The Court believes that the focus of this case is the Court's implementation (2021) in the case of Liao 0202 zhi no 6569, because the defendant zhonghe company did not have any property to enforce, the plaintiff ruled to terminate the execution procedure, so the plaintiff applied to add the legal representative of the defendant zhonghe company, which is the sole shareholder of the company.Zhang MouyunWhether the person being executed and assuming responsibility is in accordance with the law. According to the business registration information of the defendant Zhonghe Company provided by the plaintiff, the defendantZhang MouyunIt is the sole shareholder of the company and should be considered a one-person limited company. According to the provisions of Article 63 of the the People's Republic of China Company Law: If the shareholders of a one-person limited liability company cannot prove that the company's property is independent of the shareholders' own property, they shall bear joint and several liability for the company's debts.Zhang MouyunAs the sole shareholder of the defendant, the defendant shall bear the burden of proof that his personal property is independent of the company's property, but the defendant.Zhang MouyunIf the court announcement serves the court summons and fails to appear in court, it shall be regarded as a waiver of the right of defense, and it shall bear the burden of proof. and based on the evidence provided by the plaintiff,Zhang MouyunThe fact that there is a mutual transfer between the company and the defendant, there is financial mixing. According to Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Execution: A one-person limited liability company as the person subject to execution has insufficient property to pay off the debts determined by the effective legal documents, and the shareholders cannot prove that the company's property is independent If the applicant applies for the change or addition of the shareholder as the person subject to execution and bears joint and several liability for the company's debts, the people's court shall support. Therefore, the plaintiff requested additional defendantsZhang Mouyunfor the executed person, and ordered the defendantZhang MouyunTo the Scylauer Zhong case word (2021) The claim for joint and several liability for the debts determined by Arbitration Mediation No. 229 is supported by the Court on the basis of law. The accusedZhang Mouyun, Zhonghe Company served the court summons by the announcement of the court, did not appear in court to participate in the proceedings, according to law may be a default judgment. To sum up, in accordance with Article 63 of the the People's Republic of China Company Law, Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Execution, and Article 147 of the the People's Republic of China Civil Procedure Law, the judgment is as follows:

1. additional defendantsZhang MouyunFor the Scylauer Zhong case word (2021) the person subject to execution in the case of arbitration mediation agreement No. 229;

2. defendantZhang MouyunRight (2021) The $22697.5 debt determined by Arbitration Mediation No. 229 shall be jointly and severally liable for settlement.

Legal fees1191 yuan (including case acceptance fee of 591 yuan and announcement fee of 600 yuan), by the defendantZhang MouyunDalian Zhonghe Sanbai Industrial Development Co.

If you are not satisfied with this judgment, you may, within 15 days from the date of service of the judgment, submit a petition of appeal to this court, and submit a copy according to the number of the other party or representative, and appeal to the Intermediate People's Court of Dalian City, Liaoning Province.

Presiding Judge Zhu Yingying

People's juror Lu Wei

People's Juror Sheng Jun

November 4, 2002

Clerk Chen Wanting