[Method Protection Business] To activate the assets of the person who is executed, let the enterprise "get back to life"

Author:Chang'an Xinjiang Time:2022.06.16

Xinjiang's biotechnology limited liability company (sea buckthorn production enterprise) was forced to discontinue production due to poor operation and could not perform the agreement to pay more than 820,000 yuan for the applied performer. Thousands of employees of the enterprise face employment problems.

The judge of the People's Court of the Aheci County People's Court of Kizilukir Kizi Autonomous Prefecture actively sought case solutions to help the applicant get the rent, and the executed seabuckthorn enterprise "died and returned".

The defendant Xinjiang Biotechnology Co., Ltd. and the plaintiff signed a plant leasing agreement in 2015, agreed that the plaintiff would rent infrastructure such as the factories in the small and micro industrial park of Ahei County to use it to the defendant. Since 2020, the defendant has been forced to discontinue production due to poor management and other factors. The plaintiff repeatedly urged that the defendant still could not fulfill the obligation of more than 820,000 yuan in rent generated by the leased plant from 2018 to 2020, and occupied the leased property for a long time after the expiration of the agreement period.

After entering the execution procedure, the executive judge of the People's Court of Ahecci County learned through online and offline inquiry that there was a set of mechanical equipment under the name of the executed person, so it took measures such as the seizure of the machinery and equipment and the company's account. At the same time, the executive judge learned that the case was executed in Xinjiang a biotechnology limited liability company in Xinjiang is a local Gobi sea buckthorn production enterprise in Xinjiang and an attracting investment enterprise in Ahecci County.

During the implementation of the case, the local epidemic prevention and control is critical, and it is bound to affect the employment of thousands of employees in enterprises. If the room is simple, the mechanical and equipment is needed, and the dismantling fee is as high as more than 300,000 yuan. In this way, it is not conducive to the development of enterprises, but also has adverse effects on the local economy and society.

In order to ensure that the owner of the enterprise arrears can be effectively resolved, and it also provides support for the re -production of enterprises during the epidemic period, the judge of the People's Court of Ahecci County actively coordinated, multi -party linkage, and strive to find a solution that can achieve "win -win".

Through in -depth visits and investigations, the executive judge found that if the person being executed can be produced normally, the nearby sea buckthorn picking farmers can sell the raw material sea buckthorn to the company and process it into a sea buckthorn juice and other products, which will help drive the local economic development and improve the agricultural agriculture. Herders' income.

As a result, executive judges actively do the ideological work of applying for executives and shareholders. After multiple communication, the application executive accepted the court's suggestion and agreed to continue to rent the infrastructure such as the plant to the executed person. In comprehensive consideration, one of the shareholders also agreed to increase the investment of more than 800,000 yuan, and is willing to continue to pay the subsequent rent.

With the help of the People's Court of Aheci County, the company not only purchased new production equipment, but also carried out a new round of recruitment. At present, the company has resumed work, and its production and operations have entered the right track, and they have paid more than 800,000 yuan in execution funds at one time.

The resolution of the case has made the rents of the application executive, and the enterprise "starts to die" has stabilized the "rice bowls" of thousands of employees, driving the employment of thousands of local agricultural herdsmen, and effectively maintaining the local economic and social stability.

Source: Xinjiang High Court

Editor/Editor -in -Chief of Ma Fang/Chen Nan

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