After being handcuffed, he agreed to repay the 1.6 million yuan debt within 10 minutes. He lived in a large flat in Shanghai Binjiang but became a "deadbeat".
Cai owned a 200-square-meter apartment in Shanghai Huangpu Riverside, but he had long been in arrears of 1.6 million yuan in payments. It was not until the executive judge announced the execution of judicial detention that he panicked and immediately agreed to raise money to repay the debt. Recently, the People's Court of Fengxian District, Shanghai, disclosed the details of the case.
Since May 2020, the plaintiff's component company and the defendant's construction company in Fujian Province signed a purchase and sales contract, stipulating that the plaintiff would provide PC components and be responsible for transportation and installation. When the settlement date came, the construction company did not pay on time as agreed in the contract. The component company then sued the construction company and Cai, the project manager under the name of the construction company, to the court. The plaintiff and the defendant reached a mediation agreement under the auspices of the court, and the construction company and Cai jointly paid the component company more than 1.6 million yuan in payment, and the payment method was to be fulfilled in installments. If the defendant fails to perform the mediation agreement on time, it shall pay the plaintiff the corresponding liquidated damages.
After the mediation agreement was signed, the construction company and Cai refused to perform their corresponding obligations, so the component company applied to Fengxian Court for compulsory execution. Li, the legal representative of the component company, was very anxious because the company had invested a lot of money in the early stage to purchase raw materials and arrange labor. Now the company is running out of money and has owed more than 30 employees three months' salary.
After some investigation, Shen Yan, an executive officer of Fengxian Court, noticed that Cai had a large flat located on the Huangpu Riverside, with a market value of more than 20 million yuan. If the apartment was auctioned, the applicant's debt would be fully realized. However, the execution target of this case was less than 2 million yuan, and the value of the house was 10 times that. Although the judicial appraisal and auction procedure for this large flat can fully realize the winning rights of the applicant, the obvious "over-standard" disposal may damage the legitimate rights and interests of the person being executed.
At this time, Cai played "disappearance", refused to answer the court's phone calls, refused to come to the court for talks, and his cohabitants refused to disclose Cai's whereabouts. In view of the fact that Cai was still living and doing business in Shanghai, the execution judge decided to seal up the large flat first after careful consideration, and ordered his cohabitants to notify Cai to come to the court for talks as soon as possible, otherwise he would bear the corresponding legal consequences. At the same time, he continued to investigate Cai's movements with the applicant for execution, and then decided to take the next step of disposing of the house and other execution measures depending on the situation.
During the preliminary planning for a centralized execution, the executing judges finally discovered Cai's whereabouts and immediately drove to Jiading District, 65 kilometers away, where they arrested Cai. They then took him to the police car and forcibly summoned him back to the court.
After arriving at the court, Cai promised that he was willing to pay, but it would take another 30 days to turn the funds around. In response, the applicant for execution clearly stated that he no longer trusted Cai's statement. Considering that the two parties could not reach an agreement on the execution of the settlement agreement, and the person to be executed, Cai, did not show a gesture of cooperation with the execution and a willingness to repay, the collegial panel decided to implement the compulsory execution measure of judicial detention against Cai.
After being handcuffed, Cai panicked. Less than 10 minutes after the police car left the court, Cai expressed his willingness to raise money immediately to fulfill his obligations. After more than an hour of fundraising, the 1.6 million yuan execution money was fully transferred. At the same time, in view of the attitude and performance of the person to be executed, Cai, in fulfilling his obligations in this case, the court decided to fine him RMB 10,000 in accordance with the law.
