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Judicial Case Research Institute of the Supreme People's Court 2022-04-19 16:05
The people's courts help small and medium-sized enterprises to develop
Catalogue of typical cases
Case 1: An investment company, Lu X, an oil company, and Wang X were involved in an enforcement case of an equity transfer dispute
Case 2: A series of financial loan contract disputes between a bank and a copper company and a material company
Case 3: Zhou X and 12 other employees and a tourism development company in Jiangxi Province labor dispute enforcement case
Case 4: A preservation case involving the execution of a construction contract dispute between a technology company in Jiangxi and a credit industry company
Case 5: A construction company and a company in Liaoning Province dispute over the execution of a construction contract
Case 6: A dispute over the sale and purchase contract between a pharmaceutical company in Henan and a people's hospital
Case 7: Luo and 20 others and a catering company labor dispute series enforcement case
Case 8: A dispute over a loan contract between a municipal state-owned assets management company and a construction group company or a bank branch
Case 9: A dispute over the cancellation of non-performing loan records by a cultural tourism company, a group company and a bank branch
Case 10: Dispute over financial lease contract between Company A and Company B
Case 11: Bankruptcy liquidation and reorganization of a fruit and vegetable company
Case 12: Bankruptcy liquidation and settlement of a high-tech company
Case 1
An enforcement case of an equity transfer dispute between an investment company, Lu X and an oil company and Wang
-- The enforcement court promotes the non-case financing to revitalize the intangible assets of the executed enterprise
【Execution Essentials】The executed enterprise has a gas station under its name and has applied for a refined oil retail operation approval certificate, but it is unable to make value judgments on the relevant qualifications. The enforcement court actively promotes the capital injection of other refined oil products trading enterprises to realize the tangible realization of the intangible assets of the executed enterprises.
【Basic Facts】The enterprise subject to enforcement in this case is a small and medium-sized enterprise dealing in refined oil products. During the court's enforcement process, the Suzhou Industrial Park People's Court of Jiangsu Province (hereinafter referred to as the Suzhou Industrial Park Court) seized and ordered the auction of a gas station under his name. After the on-site assessment and investigation, the appraisal agency reported to the court that the value of the gas station was about RMB10 million, and after the court's investigation, the gas station had set a preferential claim of RMB18 million. At the same time, after investigation, it was found that the gas station had applied for a certificate of approval for the retail operation of refined oil products and had been put into operation. It is understood that the refined oil retail business qualification license is very strict, the applicant company not only in the hardware facilities to meet the license conditions, but also the company's operating conditions and the distribution of retail operations in the market under the jurisdiction must also meet the license conditions. Therefore, the retail operation qualification of refined oil products is not only the "household registration" certificate of the gas station, but also the "fragrant food" of the oil products trading enterprise, which has high economic value. However, due to the limitation of the assessment method, the appraisal agency can only evaluate the fixed buildings and assets of the gas station, and cannot evaluate the economic value of the relevant qualifications that the gas station already has. As a result, the disposal of the above-mentioned property is caught in a dilemma. If the traditional property disposal method is followed, the property of the executed enterprise may be sold at a low price, and the operating qualifications that cost a lot of money may also be cancelled, and the enterprise may also fall into debt. In view of the above situation, the Suzhou Industrial Park Court organized the parties to negotiate, and with the consent of both parties and without harming the legitimate rights and interests of outsiders, actively promoted the acquisition of the property disposed of by a third-party refined oil trading company, and realized the overall realization of the gas station and refined oil retail business qualifications, so as to maximize the value of the executed property. In the end, the creditor's rights of more than 15 million yuan in this case were all implemented in place, and the executed enterprises also successfully got out of difficulties.
【Typical Significance】The people's courts conscientiously implement the concept of goodwill and civilized enforcement, give full play to the role of judicial functions, relieve worries and difficulties for the development of small and medium-sized enterprises, and serve the "six stability" and "six guarantees" work. In the course of handling this case, the Suzhou Industrial Park Court fully considered the particularity of the property of the executed enterprise, and on the basis of a comprehensive analysis of the economic value of the fixed assets and business qualifications, flexibly adopted the property disposal method, and strived to truly reflect the economic value of the enforced property. In the end, it not only smoothly concluded the case and protected the interests of creditors, but also avoided the property of the executed enterprise from being sold at a low price, so that the executed enterprise was reborn, and the property rights of the enterprise and the legitimate rights and interests of entrepreneurs were effectively protected.
Case 2
A series of enforcement cases involving a financial loan contract dispute between a bank and a copper company and a material company
——Revitalize enterprise assets with the help of "Internet of Things + Execution" technology
【Enforcement Essentials】The enforcement court uses the "Internet of Things Seizure Property Supervision System" to conduct comprehensive and flexible supervision of property, ensuring that enterprises "operate while seizing and sealing", and creating a new model for the enforcement work of the people's courts in the era of big data.
【Basic Facts】A copper company whose debts arising from the guarantee amounted to about 800 million yuan were sued by 7 financial institutions to the court, and after trial, they entered the compulsory enforcement procedure. The Intermediate People's Court of Wuxi City, Jiangsu Province (hereinafter referred to as the Wuxi Intermediate People's Court) found that the company's plant and related machinery and equipment with only 44,000 square meters of enforceable property were normal, and if measures such as auction after seizure were taken in the past, it would not only affect the normal operation of the company, but also lead to further deterioration of the company's property situation, and ultimately damage the interests of the applicant for execution. In order to achieve the goal of ensuring the normal production and operation of enterprises in the implementation, the Wuxi Intermediate Court used the "Internet of Things Seizure Property Supervision System" to install nearly 300 electronic seals and more than 40 monitoring equipment in the company, forming a strict Internet of Things electronic seizure property supervision system, dynamically supervising all the company's plants, raw materials, production equipment and other properties at all times, real-time perception and early warning of the scene situation, and timely return to the supervision platform to achieve enterprise "operation while sealing". At the same time, with the help of the system to collect ten dimensions of information such as electricity consumption, raw material input, and finished product output in the company's production and operation in real time, through terminal collaboration and edge computing, modeling and restoring the daily production status of the enterprise, helping the court to determine whether the operation of the enterprise is normal and whether the value of the seized property has changed. After the implementation of the above enforcement measures, the "dead seal" was changed to "live seal", which not only looked at the plant equipment, but also allowed the enterprise to produce and operate normally, so that the seemingly cold enforcement of the people's court had a warmer temperature. This temperature also increased the popularity of the auction, because it was a "living enterprise" that was still in normal production, and in the subsequent judicial auction of the company, the auction price of the company's overall assets reached 160 million yuan, a premium of 40 million yuan, far exceeding the auction reserve price of the first stream auction.
【Typical Significance】 The Wuxi Intermediate People's Court not only implements the "moderate, reasonable and necessary" goodwill and civilized implementation concept through the Internet of Things seizure property supervision system, but also expands the scope of "live seizure", so that the supervision of seized property changes from physical control to information control, and truly realizes "live seizure". In the end, it not only minimizes the impact on the normal production and operation of the executed enterprise, but also maximizes the win-win effect of realizing the rights and interests of the winning entity. Through the application of individual cases, the Wuxi Intermediate People's Court actively summarized and promoted the work experience, and initially explored a new path of "Internet of Things + Enforcement" to promote the implementation of good faith and civilization, which fully embodies the new concept of informatization that the people's courts fully use the Internet of Things technology to empower enforcement.
Case 3
Zhou X and 12 other employees were executed in a labor dispute dispute with a tourism development company in Jiangxi
The enforcement court helped the debtor companies to resume operations, and 12 employees returned to work
【Enforcement Essentials】Small and medium-sized enterprises are vulnerable to the impact of the epidemic, and when the people's courts handle enforcement cases involving small and medium-sized enterprises, they visit and investigate the production and operation status of the executed enterprises, provide convenience for enterprise financing, and reduce the impact of compulsory enforcement on the normal production and operation of enterprises.
【Basic Facts】Zhou X and 12 other employees applied to the Yingtan Labor and Personnel Arbitration Commission for labor arbitration because they were dismissed by a tourism development company in Jiangxi. In July 2021, the arbitration commission issued a number of arbitral awards or mediation documents, confirming that a tourism development company in Jiangxi should pay Zhou and 12 other employees a total of more than 200,000 yuan in wages, overtime wages, and compensation. After the arbitration took effect, a tourism development company in Jiangxi failed to perform its payment obligations, and 12 employees, including Mr. Zhou, applied to the court for compulsory enforcement. On July 23, 2021, the Guixi Municipal People's Court of Jiangxi Province (hereinafter referred to as the Guixi Court) filed a case for enforcement. The enforcement investigation found that a certain tourism development company in Jiangxi Province, the executor, also had a construction project contract dispute case in the Intermediate People's Court of Yingtan City, Jiangxi Province, where the amount of debt owed was huge and the houses under his name had been seized. In order to fulfill the obligation of the judgment, the person subject to enforcement took the initiative to submit a request for instalment repayment, but the parties failed to reach an agreement, and the enforcement of the case came to a standstill. On the one hand, the Guixi court urged the person subject to enforcement to report to the superior company and strive for financial support; on the other hand, it visited and investigated the company and learned that more than 30 of the company's tourist cars and operating trucks had not been seized, and projects such as rafting and parent-child paradise were still operating normally. Considering that it is the golden period of tourism projects such as "rafting, parent-child, and summer escape" in the summer, the Guixi court decided to adopt the measure of "live sealing and living buckle" for sightseeing vehicles and other vehicles, that is, after seizing some vehicles, they are still handed over to the company for continued operation and use, and the evaluation and auction will not be carried out for the time being. In December 2021, the company successfully introduced third-party investments and paid off all the arrears in one lump sum. At the same time, in order to solve the problem of reemployment of Zhou X and others, after the enforcement court patiently did the work, the company agreed to continue to employ 12 employees including Zhou X. In February 2022, the case was resolved satisfactorily.
【Typical Significance】This case is a typical case of the people's court applying the "live seal and live buckle" measure in accordance with the law, revitalizing the enterprise, closing the case, and resolving the problem of reemployment. In this series of cases, the Guixi court, faced with difficulties in enforcement, took the initiative to visit and investigate the operating conditions and difficulties of the judgment debtors, and adopted the measure of "live sealing and living buckles" for tourist vehicles. This measure not only provides the enterprise with financing time, but also avoids affecting its normal production and operation, and effectively helps the judgment debtor to introduce third-party funds to promote the smooth conclusion of the case. At the same time, the Guixi court patiently and meticulously did the company's work, helping 12 employees such as Zhou Moumou to return to their jobs and re-employment, realizing the unity of social effects and legal effects.
Case 4
A preservation case involving the execution of a construction contract dispute between a technology company in Jiangxi and a credit company
-- The people's court replaces the subject matter of the preservation to ensure the payment of wages to migrant workers and the normal production of enterprises
【Implementation Essentials】Under the influence of the new crown pneumonia epidemic, cash flow is crucial to the development of enterprises. The enforcement court shall quickly unseal the special account for enterprise funds in accordance with the law, change the property preservation measures, ensure the payment of wages to migrant workers, and avoid the embarrassment of the preserved enterprise due to property preservation.
【Basic Facts】Due to a dispute over a construction contract for a construction project, a technology company in Jiangxi sued a certain credit company to the Suichuan County People's Court of Jiangxi Province (hereinafter referred to as the Suichuan Court). After the court's judgment, the defendant, a certain credit industry company, paid the plaintiff a technology company in Jiangxi 593,771.05 yuan for the settlement of the project, 8,000 yuan for the rubber, and 115,987.95 yuan for the project, totaling about 720,000 yuan. The defendant was not satisfied with the judgment and appealed to the Intermediate People's Court of Ji'an City, Jiangxi Province. During the appeal period, in order to prevent the defendant from transferring property to a certain credit company, the plaintiff, a technology company in Jiangxi, submitted an application for property preservation to the court, applying to seal and freeze the defendant's bank deposits or equivalent value of property equivalent to RMB700,000. After receiving the application for preservation, the Suichuan court froze the enterprise's capital account in accordance with the law. After the preservation measures were taken, the respondent, a certain credit company, submitted an application to the Suichuan court to lift the freezing of one of the accounts, on the grounds that the freezing of the account directly affected the payment of migrant workers' wages and the flow of funds, affected the normal production and operation of the enterprise, and provided relevant evidentiary materials. After review, the Suichuan court held that the materials provided by the respondent were sufficient to prove that the account was used for the payment of migrant workers' wages, and that the contract dispute between the preservation applicant and the respondent was obviously unrelated to the migrant workers' wages, and ruled to lift the freezing of the account. At the same time, in order to protect the interests of the applicant, a Cayenne luxury car under the name of the respondent was immediately sealed, and the transfer of licenses was prohibited. The Suichuan court accurately changed the property preservation measures, so that the enterprises involved in the litigation could avoid falling into suspension of production and work due to judicial compulsory measures.
【Typical Significance】 After receiving the application for lifting the preservation measures, the enforcement court quickly launched the green channel and the quick handling mechanism for enterprise-related disputes, quickly changed the compulsory measures for property preservation in accordance with laws and regulations, lifted the preservation measures on the capital account, changed it to the seizure of vehicles under the name of the person being protected, ensured the normal payment of migrant workers' wages and the flow of funds, reduced the impact on the normal production and operation of the parties, and avoided their difficulties due to judicial compulsory measures, which is the specific practice of the concept of good faith and civilized enforcement. It is also an accurate embodiment of the judiciary's help to small and medium-sized enterprises to bail out their difficulties.
Case 5
A construction company and a company in Liaoning Province, a construction project construction contract dispute enforcement case
-- Guiding the direction of case handling with the needs of small and micro enterprises, and innovating work methods to revitalize and seize property
【Enforcement Essentials】The enforcement court shall stabilize the market order and protect the legitimate rights and interests of all parties by encouraging the lessee of real estate to participate in bidding and continuing to sign a lease agreement with the buyer.
【Basic Facts】In a case involving a construction contract dispute between a construction company and a company in Liaoning Province, the Intermediate People's Court of Dandong City, Liaoning Province (hereinafter referred to as the Dandong Intermediate People's Court) ordered a company in Liaoning to pay a construction company a total of more than 10 million yuan. A construction company has preserved and seized 9 commercial real estate (stores) under the name of a company in Liaoning, all of which are occupied and used by small and micro enterprises. After the case was filed and executed, the enforcement court found that a company in Liaoning had no other property available for enforcement other than the property that had been seized, and a company in Liaoning also indicated to the court that the company had no ability to perform except for the preservation of the seized property. Through on-site investigation, the enforcement court found that 9 real estate properties were indeed occupied and operated by other market entities. From the analysis of spatial layout, 9 business premises occupy the main block, and although the forced vacation is in line with the law, it is likely to bring "disaster" to the small and micro enterprises that are operating. After the enforcement court explained the law clearly, 9 small and micro enterprises expressed their willingness to participate in the bidding. After obtaining the pledge of the possessor to voluntarily withdraw from the auction without successful bidding, the Dandong Intermediate Court initiated the evaluation and auction procedure. Judging from the results of the enforcement of the case, the whole case was to apply for the execution of the enterprise to collect 10.4 million yuan, and return the auction premium of 23,000 yuan to the executed enterprise, which not only protected the rights and interests of the parties in winning the lawsuit, but also successfully prevented the seizure of the case that exceeded the standard. Of the 9 immovable properties, 4 were purchased by the occupied enterprise, and 5 purchasers reached a lease renewal agreement with the possessing enterprise at the delivery site. In this case, the enterprise applying for enforcement, the enterprise subject to enforcement, the enterprise in possession of real estate, and the buyer of real estate expressed satisfaction with the court's enforcement work.
【Typical Significance】Enforcement measures usually involve the interests of the enterprise applying for enforcement, the enterprise being enforced and the leasing enterprise that inspects and controls the subject matter, and the enforcement court needs to actively innovate the enforcement method, by encouraging the real estate leasing enterprise to participate in the judicial auction, from "tenant" to "landlord", or continuing to lease, etc., to stabilize market order and safeguard the legitimate rights and interests of all parties.
Case 6
A pharmaceutical company in Henan and a people's hospital in the execution of a dispute over the sale and purchase contract
-- Promote reconciliation between the applicant executor and the anti-epidemic hospital as the executor, and support the overall anti-epidemic situation
【Enforcement Essentials】The enforcement court actively promoted the implementation of reconciliation, lifted the freezing of the accounts of anti-epidemic hospitals in accordance with the law, and strongly supported and served the overall situation of local anti-epidemic work.
【Basic Facts of the Case】In the case of a dispute over the sale and purchase contract between a pharmaceutical company in Henan province and a people's hospital subject to enforcement, the Higher People's Court of Henan Province rendered a civil judgment on December 28, 2019, ordering a people's hospital to pay a pharmaceutical company 23739192.03 yuan and interest. After the case entered the enforcement procedure, because the amount of repayment involved was large, and the one-time repayment would affect the normal operation of the hospital, a people's hospital of the person subject to enforcement submitted an application for suspension of freezing and withholding of the bank account of the hospital to the intermediate people's court of Xinxiang City, Henan Province (hereinafter referred to as the Xinxiang Intermediate Court), and promised to actively negotiate repayment with the applicant executor. The enforcement court actively led the enforcement settlement work for the parties, but failed to reach a settlement agreement after repeated communication. On April 26, 2020, the Xinxiang Intermediate People's Court froze the bank account of a people's hospital of the judgment debtor. In the midst of the outbreak of the new crown pneumonia epidemic, the epidemic prevention and control headquarters issued a letter to the executive court, explaining that a people's hospital is the only designated hospital in the county to fight the new crown pneumonia epidemic, responsible for epidemic prevention and treatment and health protection tasks, the account under the name has epidemic prevention and daily medical settlement functions, the frozen account will affect the normal epidemic prevention work and medical security function of the hospital, apply for unfreezing and urge a people's hospital to reach a settlement with the creditors to determine the repayment plan. To this end, the Xinxiang Intermediate Court interviewed the parties several times, and finally the parties reached an enforcement settlement agreement on May 6, 2020, with the execution amount of 29.193058 million yuan to be performed in three installments, and the first batch of execution payments of 3 million yuan was paid on the same day, and the court lifted the freezing of the bank account of a people's hospital of the person subject to enforcement in accordance with the law. Later, a people's hospital fulfilled the remaining amount. While lawfully protecting the lawful rights and interests of the winning parties, minimize the impact on the rights and interests of persons subject to enforcement, and bring about the organic unification of political, social, and legal effects.
【Typical Significance】 People's courts should firmly establish a sense of the overall situation and the overall situation in the process of case enforcement, and fully protect the legitimate rights and interests of the parties while serving and ensuring the overall situation of epidemic prevention and control. In the enforcement of this case, the enforcement court took into account the special nature of the person subject to the treatment of the new crown pneumonia epidemic, prudently adopted compulsory enforcement measures in accordance with the law, and actively promoted the two parties to reach a settlement and lift the freezing of the hospital account in accordance with the law.
Case 7
Luo and 20 others and a catering company labor dispute series execution case
-- Adopting the enforcement model of "releasing water and raising fish" to provide judicial wisdom for small and micro enterprises to perform their legal obligations in good faith
【Enforcement Essentials】The enforcement court reserves the necessary working capital and operating qualifications for the judgment debtors of small and micro enterprises in accordance with the law, and helps them gradually restore their solvency with the "release water and raise fish" program.
【Basic Facts of the Case】Luo and 20 others were originally employees of a catering company subject to enforcement, and applied for labor arbitration because the catering company owed them hundreds of thousands of yuan in wages, and the arbitration ruling ordered the company to pay the labor remuneration owed to them, and then Luo and other employees applied to the Jianghai District People's Court of Jiangmen City, Guangdong Province for compulsory enforcement on the grounds that the company had not fulfilled its obligations. In the course of enforcement, after investigation by the enforcement court, it was found that a catering company belonged to a small and micro private enterprise in the catering industry, and had faced serious operational difficulties due to the impact of the new crown pneumonia epidemic, and there was no other property available for enforcement except for catering equipment, and the remaining catering equipment in the restaurant rental site was not of much value and was not enough to pay off all its workers' wages. Although a catering company expressed its desire to repay its debts by continuing to operate, the lessor requested to terminate the lease contract to recover the leased space, and a catering company encountered major obstacles to resuming work and production. After careful study, the enforcement court held that if the bank account and catering equipment of the catering company were seized and its assets were auctioned at this time, the company was listed as a judgment defaulter and consumption restriction measures were adopted, it would not be able to maintain its basic operation and operation, nor would it be able to fully guarantee the legitimate labor remuneration interests of the winning workers. The enforcement court then took the company's desire to continue to operate to repay debts as a breakthrough point, and took the policy of gradually restoring catering and dine-in services issued by Guangdong Province at that time as the starting point, and innovatively applied the "rescue" and "fish farming" implementation plan. By analyzing the situation of "exhausting the fish" and "losing both" to the applicant executor and the lessee, the case was promoted to reach an enforcement settlement plan, that is, the compulsory measures were flexibly changed, and the court temporarily did not take traditional compulsory measures such as untrustworthiness, height limit, seizure of bank accounts, and immediate auction against the company, reserved the company's necessary liquidity and current accounts, and extended its performance period of half a year. The court adopted "live sealing" measures against the company's catering equipment in accordance with the law, allowing it to continue to use the original catering equipment to resume work and production. The company can postpone the payment of rent to the lessor and the court assists in introducing a strategic management third-party investment team to upgrade the company's business strategy. Subsequently, the company's operating situation turned into a profit, the wages owed were paid in full, and the 20 cases involved in the enforcement of labor remuneration were all fully executed.
【Typical Significance】The enforcement court adopts the "rescue-style" "water release-fish farming-operation-liquidation" enforcement path to minimize the adverse impact on the normal production and operation of the enterprise, maintain certain operating qualifications of the enterprise, and help it gradually restore its solvency, fully embodying the concept of goodwill and civilized enforcement, and demonstrating the enforcement wisdom of the people's court in serving the development of small and medium-sized enterprises. This case provides a practical sample for how the people's courts can take into account the "service epidemic resumption", "goodwill and civilized enforcement", "optimize the business environment of small and micro enterprises" and "substantively resolve the contradictions related to people's livelihood", so as to achieve win-win enforcement results.
Case 8
A dispute over a loan contract between a municipal state-owned assets management company and a construction group company or a bank branch
-- Giving play to judicial adjudication functions and reducing the financing costs of private enterprises
【Main Points of the Judgment】 Protect the emergency revolving funds of the new financing model of "government + bank" launched by local governments to reduce the financing costs of small and medium-sized enterprises in accordance with the law, use judicial means to guide banks to continue to inject funds into the emergency fund pool in the form of financing cooperation, ensure the virtuous cycle of emergency funds, and reduce the financing costs of small and medium-sized enterprises by reducing interest rates, ensure the realization of state-owned financial claims by means of real estate mortgages, find the balance point of interests of all parties, and seek the greatest common denominator.
【Basic Facts】On December 15, 2016, a construction group company applied to a municipal state-owned asset management company for an equal amount of emergency revolving funds to repay the loan for a period of 10 days because its loan at a bank branch was about to expire. On December 22 of the same year, a bank branch issued a "Letter of Commitment to Renew Loans" to a municipal state-owned assets management company, promising to renew a loan of 23.3 million yuan for a construction group company after the bank's loan was due on December 22, 2016, and guaranteed to issue and transfer the full amount to the special fund account of a construction group company before December 31, 2016. If, within the above-mentioned prescribed period, the emergency revolving fund loan issued by a municipal state-owned asset management company to a construction group company is not returned in full, or if the emergency funds of a municipal state-owned asset management company are lost due to the bank's default, the bank agrees to bear the liquidation liability for the return and replenishment of the above-mentioned funds. On the same day, a municipal state-owned assets management company signed a "Loan Contract" with a construction group company, and at the same time signed a "maximum guarantee contract" with Wu xx, the legal representative of a construction group company, and his close relatives Wu X and Jiang X. The two contracts stipulate that a construction group company borrowed 17 million yuan as an emergency revolving fund, and the loan term was from December 22, 2016 to December 31, 2016, with a daily interest rate of 5/10,000; Wu, Wu and Jiang respectively provided joint and several liability guarantees of up to 20 million yuan and 17 million yuan for the aforementioned loans of a construction group company. After the contract was signed, a municipal state-owned assets management company issued 17 million yuan of emergency revolving funds to a construction group company according to the contract. Later, a bank branch did not renew the loan as agreed, and a construction group company only repaid part of the loan to a municipal state-owned assets management company. A municipal state-owned assets management company filed a lawsuit. The People's Court of XisaiShan District, Huangshi City, Hubei Province, taking into account the insufficient solvency of a construction group company affected by the epidemic and the decline in housing prices, actively organized consultations between all parties and worked hard to find the best dispute resolution. After several rounds of negotiation and consultation, a municipal state-owned assets management company and a bank branch reached a "financing cooperation agreement", and a bank branch provided preferential financial support to a municipal state-owned assets management company, and assisted a construction group company to register the mortgage of six houses in the name of a municipal state-owned assets management company before November 30, 2021, and a municipal state-owned assets management company promised not to claim any rights against a bank branch. Since then, a municipal state-owned assets management company has applied to withdraw the lawsuit against a bank branch. The court made a civil ruling confirming that the performance of the Financing Cooperation Agreement had been completed and the housing mortgage registration procedures had been completed, and allowed the withdrawal of the lawsuit in accordance with law. In response to a litigation claim made by a municipal state-owned assets management company against a construction group company, etc., a construction group company was ordered to repay the loan and pay liquidated damages in accordance with law, and Wu and others were jointly and severally liable for liquidation.
【Typical Significance】The people's courts help local governments to implement the bailout policy for small and medium-sized enterprises, actively integrate the financing platforms of local governments for small and medium-sized enterprises and the financing channels of commercial banks, and provide judicial guarantees for small and medium-sized enterprises to obtain credit. This case is a loan contract dispute case caused by the borrowing of emergency revolving funds "over the bridge", involving local government financing platform companies, private small and medium-sized enterprises and financial institutions, the court on the basis of clarifying the rights and obligations of all parties, to ensure the normal operation of the emergency revolving capital pool, to guide the bank to continue to provide financial support for the emergency revolving capital pool, to ensure that "there is water in the pool", so that the government financing platform company has the ability to continue to bail out the city's small and medium-sized enterprises Explain the upper limit of statutory interest rate protection and the survival dilemma faced by private enterprises, guide state-owned companies to take the initiative to significantly reduce interest rates, and reduce the financial pressure of enterprises; guide banks to assist in mortgaged debtors' houses, and give government financing platform companies a "reassurance pill" to ensure the safety of state-owned funds. Through the combination of adjustment and judgment, the interests of all parties have been skillfully balanced, and the effect of properly trying financial loan dispute cases in accordance with the law, effectively reducing the financing costs of small and medium-sized enterprises, and giving play to the judicial effect of helping the development of small and medium-sized enterprises has been achieved.
Case 9
A dispute over the cancellation of non-performing loan records by a cultural tourism company, a group company and a bank branch
-- Judgment banks to correct corporate credit appraisals and credit information to safeguard corporate creditworthiness and brand value
【Main Points of the Judgment】Banks, as providers of credit information, have a strict obligation to review the adjustment of enterprise credit information, and in the case of improper credit evaluations, they should promptly correct erroneous credit information.
【Basic Facts】On December 12, 2013, a cultural tourism company signed a Real Estate Loan Contract with a bank branch, borrowing 260 million yuan from the bank for a period of 3 years. A cultural tourism company and a group company provided guarantees for the above loans. On December 15, 2016, a bank branch signed an Agreement on The Change of Elements of a Loan Contract with a cultural tourism company and a group company to extend the loan period corresponding to the IOUs withdrawn in installments under the original loan contract. Among them, the maturity of a total of $112 million was extended to May 31, 2018. In April 2018, the loan involved in the case was downgraded and classified as a non-performing loan at the Credit Information Center of Chinese Min min bank. A cultural tourism company or a group company sued for ordering a bank branch to immediately delete the non-performing loan records of a cultural tourism company or a group company at the credit information center of Chinese Minmin Bank. The claim was dismissed at first instance. The Intermediate People's Court of Qingdao Municipality, Shandong Province, held in the second instance that a bank branch had a strict obligation to review the adjustment of the credit rating of a cultural tourism company's loan, and that a bank branch failed to prove the legitimacy of identifying a cultural tourism company's normal loans as non-performing loans, uploaded them Chinese the credit reporting system of the Minmin Bank, and implemented the act of adjusting the credit rating under the circumstance that it caused adverse consequences to the business reputation of the enterprise, resulting in a decrease in the public evaluation of a cultural tourism company and a group company by the financial system. It has had an impact on the corporate image. Therefore, the behavior of a bank branch constitutes an infringement of the right to reputation of a cultural tourism company and a group company, so the litigation claim of a cultural tourism company and a group company for revoking its non-performing loan records at a certain bank and in the credit information center of Chinese Minmin Bank is established and supported.
【Typical Significance】This case involves enterprise credit appraisal and credit information protection, and during the course of trial, the people's court actively explored the relationship between credit information subjects, credit information providers, and credit information processors, and on the basis of balancing the rights and interests of all parties, clarified the boundaries of rights and obligations of different entities, and proposed that banks, as credit information providers, have a strict obligation to review the adjustment of enterprise credit information, and in the case of improper credit appraisals, erroneous credit information should be corrected in a timely manner. It ensures that the credit evaluation system can more accurately reflect the credit status of enterprises, effectively maintains the reputation and brand value of enterprises, reduces the resistance and difficulties of enterprises in the process of market transactions, and improves the availability of loans for enterprises.
Case 10
Dispute over financial lease contract between Company A and Company B
-- Do not support disguised interest and reduce the financing costs of enterprises
【Main Points of the Judgment】The amount withheld by the financial leasing company in the name of collecting service fees and collecting insurance premiums is a disguised high interest rate, which increases the financing cost of small and medium-sized enterprises, and the disguised interest charged by the financial leasing company is not supported.
【Basic Facts】Company B is a small and medium-sized micro enterprise. Company A and Company B signed the "Sale and Purchase Contract", and Company A purchased the subject matter from Company B and leased it to Company B, and the contract stipulated that the price of the subject matter was 1 million yuan. The two parties also signed the Financial Lease Contract, stipulating that the lessor shall purchase the leased property and lease it to the lessee for use according to the designation of the lessee, stipulate the overdue interest and liability for breach of contract, and agree on the monthly rent amount. After all the leased property under the contract has been delivered, after deducting the performance bond of 200,000 yuan, the service fee of 38,500 yuan, the down payment rent of 11,280 yuan and the insurance premium of 2,642 yuan, the actual payment to company B is only 747578 yuan. After Company B was unable to repay the loan, Company A sued and ordered Company B to pay all unpaid rent of RMB509,000 for the 19-35 periods under the contract, as well as overdue interest and liquidated damages for the 1st to 18th periods of rent. The total rent payable by Company B as determined by the first instance judgment only deducted the rent paid, the performance bond of 200,000 yuan and the down payment rent of 11,280 yuan, and did not deduct the service fee of 38,500 yuan and the insurance premium of 2,642 yuan. The Intermediate People's Court of Guangzhou Municipality, Guangdong Province, held in the second instance that because Leasing Company A failed to produce evidence in this case on what kind of services it had provided with respect to the service fees it withheld, nor had it been able to produce evidence to prove that it had paid the corresponding insurance item fees after collecting the insurance premiums, the amount deducted in the name of collecting service fees and collecting insurance premiums on behalf of Company A was a disguised high interest rate, which increased Company B's financing costs and should not be supported, the above expenses should also be deducted from the unpaid rent, and the base of liquidated damages accrued by Company B to Lease Company A should also be adjusted accordingly. The sentence was changed.
【Typical Significance】The people's courts help solve the problem of expensive financing for small and medium-sized enterprises in trial work, try financing disputes in accordance with the law, and reduce unreasonable financing interest rates. The interest charged by the financial lender, as well as the disguised interest charged in the name of consulting fees, guarantee fees and other fees, shall be strictly determined in accordance with law, and the part exceeding the scope of statutory protection shall not be supported. In this case, the leasing company collected service fees and insurance premiums on behalf of the enterprise, but failed to produce evidence on what kind of services it provided on the specific basis of the service fees it withheld, nor did it produce evidence to prove that it actually paid the corresponding insurance project fees after collecting the insurance premiums, which increased the financing costs of the enterprises that used the funds, and the people's court determined that these expenses were disguised high interest rates and did not support them, reducing the financing costs of small and medium-sized enterprises and solving the financial difficulties faced by the development of small and medium-sized enterprises.
Case 11
A fruit and vegetable company bankruptcy liquidation and reorganization case
-- Actively promote bankruptcy liquidation and reorganization, save the recovery of agricultural enterprises, protect the interests of migrant workers, and help poverty alleviation and rural revitalization
【Main Points of the Judgment】For agricultural enterprises that are in trouble due to cash flow restrictions but have the value of reorganization and rescue, through bankruptcy liquidation to reorganization, open recruitment and introduction of third-party investors to inject capital, to save agricultural enterprises out of difficulties.
【Basic Facts】A fruit and vegetable company is located on the outskirts of the city, the main business is the planting, sales and distribution services of agricultural products such as melons, fruits and vegetables, and has been rated as the local "municipal agricultural leading enterprise", "municipal poverty alleviation leading enterprise" and "provincial poverty alleviation leading enterprise", and holds a provincial famous trademark, and has signed fruit and vegetable distribution agreements with 21 enterprises, schools and government departments in the county, which has a high reputation and influence in the industry. In order to expand the scale of operation, the company borrowed money to build new office buildings and agricultural product trading centers, and as of the time of the case, the fixed assets included 3300 square meters of land and 7060 square meters of factory buildings, all of which had been mortgaged. Sued since 2017 for not being able to pay off debts as they fall due. The appraisal price of the above-mentioned property was 23,642,821 yuan, and during the enforcement period, there were three auctions (the reservation price was 13.068 million yuan), and the creditors applied to the Changshan County People's Court of Zhejiang Province for bankruptcy liquidation in January 2021. After investigation, the total amount of creditor's rights was 23,622,935,550 yuan, of which 17,456,100 yuan were secured claims, and the wages of 29 employees were 260,300 yuan, social insurance premiums were 132,500 yuan and labor remuneration was 1,143,000 yuan. In the process of bankruptcy review, the court found that the real reason for the debtor's financial crisis was limited cash flow, and if it could inject funds, there was a possibility of recovery; the enterprise was a provincial poverty alleviation agricultural leading enterprise, with a provincial famous trademark, and the main business and marketing network had market prospects, and it was fully equipped with restructuring value and rescue possibilities. Therefore, he took the initiative to explain the law and reason, and guided the debtor to apply for reorganization. On 2 April 2021, upon the application of a fruit and vegetable company, it was ruled that the case was changed from a liquidation procedure to a reorganization procedure. On April 14, 2021, the manager publicly released a recruitment announcement, and a trading company submitted a "Letter of Intent to Reorganize investment" and paid a deposit on May 12 of the same year. The court instructed the administrator to prepare the "Reorganization Plan (Draft)" in a timely manner: first, the investor injected 13.1 million yuan and obtained 100% of the equity of the target company; second, more than 1.53 million yuan was withdrawn from the reorganization consideration to pay the labor claims and labor remuneration of 29 employees, and the mortgage claims that were not fully repaid were included in the ordinary claims and paid in proportion; third, the repayment rate of ordinary claims was 6.66%. After a vote, all creditors unanimously agreed to the above reorganization plan. On 14 September 2021, the Court approved the above-mentioned reorganization plan on 14 September 2021, which has now been implemented.
【Typical Significance】In the trial of bankruptcy cases of small and medium-sized enterprises, the people's courts actively guide enterprises to comprehensively resolve the debt crisis of enterprises through bankruptcy reorganization, reconciliation and other procedures, and fairly and orderly repay the corresponding creditors' rights, so that enterprises can be regenerated. In this case, a fruit and vegetable company, as a provincial-level poverty alleviation agricultural leading enterprise in an underdeveloped county, was reborn through bankruptcy reorganization procedures, not only the enterprise itself came out of the predicament, but also created more jobs to absorb the rural labor force to find employment nearby; at the same time, by effectively protecting the labor remuneration of migrant workers, effectively preventing poverty caused by "broken" and returning to poverty due to "broken", helping to consolidate the results of poverty alleviation; by introducing more funds and entrepreneurs into agricultural enterprises in underdeveloped areas, injecting new blood into the agricultural industry, and promoting rural revitalization with industrial revitalization. Help implement the rural revitalization strategy.
Case 12
Bankruptcy liquidation and settlement of a high-tech company
-- Exploring the use of pre-voting rules to efficiently promote the conversion of bankruptcy liquidation to settlement
【Main Points of the Judgment】Actively guide the parties to bankruptcy liquidation and transfer to settlement, explore the use of pre-voting rules, solicit the opinions of all creditors through hearing procedures, and after transferring to the settlement procedure, promptly rule to approve the settlement agreement in accordance with the voting rules that have been adopted, and efficiently promote the settlement procedure.
【Basic Facts】On February 25, 2021, the Nanjing Bankruptcy Court accepted the creditor's bankruptcy application for a high-tech company to participate in domestic and foreign exhibitions because it could not pay off its debts as they fell due and obviously lacked solvency. After investigation, a high-tech company in recent years the exhibition business is normal, stable income, many consecutive bids for domestic and foreign key exhibitions Jiangsu group to undertake the work, before entering the bankruptcy procedure, there are still 7 domestic and foreign exhibition projects, including 6 overseas exhibitions, involving 66 exhibitors, are Jiangsu Province trade promotion plan within the exhibition, and most of the exhibitors have paid the booth fee in full, a high-tech company will also pay the relevant fees to the conference organizers. However, due to the impact of the new crown pneumonia epidemic, most of the exhibitions have been postponed, and the company's operation is in trouble. After calculation, if a high-tech company is liquidated in bankruptcy, most of the exhibitors will not be able to participate in the exhibition and declare financial subsidies in the future, and the debt settlement rate will only be 31.32%, and the interests of creditors will suffer heavy losses. In view of the fact that a high-tech company and the vast majority of creditors have expressed their willingness to reach a settlement, the Nanjing Bankruptcy Court instructed the administrator to seek the opinions of all creditors on the draft settlement agreement and the voting rules after the subsequent transfer to the settlement procedure, and all creditors agreed to the draft settlement agreement and voting rules. On August 25, 2021, a high-tech company applied to the Nanjing Bankruptcy Court for transfer to the settlement procedure. On September 13 of the same year, the Nanjing Bankruptcy Court organized a hearing by the debtor, the company's shareholders, employee representatives and creditor representatives to fully demonstrate the settlement procedure and the debt settlement plan, credit repair, and agreement enforcement of the relevant agreement, and the company's shareholders, employee representatives and creditor representatives all agreed to the transfer of a high-tech company to the settlement procedure. On September 14, the Nanjing Bankruptcy Court ruled that a high-tech company should settle. On September 22, the Nanjing Bankruptcy Court ruled to recognize the settlement agreement and terminate the settlement proceedings. On November 3, the administrator submitted a report on the implementation of the settlement agreement, and the settlement plan of the settlement agreement was successfully implemented.
【Typical Significance】In handling bankruptcy cases of small and medium-sized enterprises, the people's courts actively innovate in view of the characteristics of small and medium-sized enterprises, and help enterprises achieve reorganization and reconciliation with high quality and efficiency as much as possible, and fairly and orderly pay off the creditors' rights of all parties. In this case, the Nanjing Bankruptcy Court explored the use of pre-voting rules, before transferring to the settlement procedure, guided the administrator to seek opinions from all creditors on the draft settlement agreement and the voting rules after the subsequent transfer to the settlement procedure, accurately understand the wishes of the creditors, transfer to the settlement procedure when all creditors agree to the draft settlement agreement, and according to the voting rules that have been adopted, promptly rule to recognize the settlement agreement and terminate the settlement procedure, transfer from the application to the settlement procedure, approve and finally rule to approve the settlement agreement after review, Ending the settlement process, which takes less than 1 month, efficiently promotes the settlement process and helps the enterprise successfully achieve reconciliation and get out of the predicament.
Source "Supreme People's Court" WeChat public account