Haidian Court sells 26 tons of pork efficiently, and the property disposal is accelerated to solve the problem of the company's worries
Author:Beijing Haidian District Peopl Time:2022.07.12
"Thank you judicial Liu, this batch of pork is not only sold, but the price is also very good. Now the company is saved." As soon as I went to work on the afternoon of July 6, Judge Liu Sai, the People's Court of Haidian District, Beijing, received it. Apply for the phone of the company A's agent. At this time, it took only 23 days to take a shot from the selling announcement.
The cause of this case has to be said from two years ago: In October 2020, Company B signed a sales contract with Company A, agreed to purchase "Exciting Vacuum No. 3 Meat" imported from Spain by Company B, with a unit price of 3.7 per ton of 3.7 10,000 yuan, the total weight is about 26 tons, and the total price is 925,000 yuan. After the contract was signed, Company B paid 250,000 yuan, and Company A also imported frozen pork from Spain according to a contract to complete the customs clearance procedures in December. Who knows that due to the sharp decline in meat prices, Company B refused to pay the goods at the agreed payment. This batch of imported pork has been reluctant to be stored in the cold storage of Ningbo Logistics Company since January 2021. Afterwards, Company B filed a lawsuit to the Haidian Court, demanding confirmation that the sales contract has been lifted, and Company A doubles the deposit, payment, etc. Company A also proposed a counterclaim, requiring Company B to pay the remaining funds, liquidated damages and storage fees. After hearing, the Haidian Court judged Company B to pay 675,000 yuan to Company A and 46,250 yuan in defaults. As Company B failed to perform the effective judgment, Company A applied to the Haidian Court for compulsory implementation in 2022.
After hosting the execution case, Liu Sai quickly investigated the property of the company's company B, and found that there was no bank deposit in the name of Company B for direct disposal of property. After consulting the dossier, Liu Sai found that the pork involved in the complaint may still be preserved in the local cold storage. Liu Sai immediately communicated with the agent lawyer of the applicant's company A, determining that the pork involved was still stored in a freezing warehouse in Ningbo City in a freezer warehouse in Ningbo. Liu Sai sent a seizure ruling to Company B, the executed person as soon as possible, and notified the cold storage to keep the sealed pork.
Considering the property set up is frozen pork, it belongs to fresh fresh property, and it is difficult to keep it for a long time. Moreover, the court also lacks places and conditions for such property. In order to prevent pork from reducing market value due to deterioration rot, the court needs to dispose of these pork as soon as possible. At the critical time of the Beijing epidemic prevention and control, Liu Sai had communicated with the two parties dozens of times through online methods such as telephone and SMS. In the end, the two parties reached an agreement on the market price of the pork, agreed that the price of 19,000 yuan/ton started. Sell.
In order to realize the legitimate rights and interests of the two companies as soon as possible, the court decided to deal with judicial disposal by selling sales. A total of two people signed up for the sale. After fourteen bids and 13 delay, at 13:48 noon on July 6th, the buyer, Mr. Jiang, won the batch of pork at the highest price of 544526.33 yuan. The transaction price of this sale this time is 6,2400 yuan higher than the auction price. The transaction price has been maximized in the competition. The interests of the parties, especially the company A, have a better guarantee, which greatly recovered the loss of Company A. Moreover, due to the poor operating conditions of Company B, the court can sell pork at a premium, and it also plays a positive role in setting up the remaining payment of Company B to complete the debt of the case.
After the sale, Liu Sai, the judge of the Haidian Court, immediately notified Company A to go through the procedures for receiving the transformation of pork. He hoped that this mobile fund would help company A through the difficulty of operating. On the other hand, Liu Sai Governor Promoting Company B actively raised funds to pay the remaining payment. After negotiation, both parties and B have reached a preliminary settlement plan for the unreamed payment.
The Haidian Court will continue to use "smart execution" as an important support to promote "effectively solving the difficulty of implementation", and establish a new model of "cloud disposal" with "cloud management, cloud management, cloud transfer, cloud communication" as the core to further shorten the property The disposal cycle further enhances the ability to transfers blood in enterprises, and further provide strong judicial guarantee for the good development of enterprises.
In this case, Liu Sai was efficiently dealt with the seized pork through the form of sale. It took only 23 days from the announcement of the announcement to the final transaction, which greatly shortened the realization of the realization of the pork, and helped the parties A and B to recover the losses to the greatest extent. The Haidian Court has completed the confirmation of the trading confirmation for the buyer within 5 days after the auction was sold. The batch of pork has been delivered to the buyer on July 12. In response to the recent market situation of irrational fluctuations in pigs, the Haidian Court actively extended judicial functions. Through judicial sales, about 26 tons of pork into the sales market, which played a positive role in maintaining the stable operation of the pork market and improving the balance of supply and demand of pork. Provide judicial assistance to maintain the normal market order of pork and promote the long -term healthy development of the industry.
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