One, basic details of a case
Target company has debt external, creditor sues requirement company to assume reimbursement responsibility, label the partner of the company the accused at the same time, 4 shareholder of requirement company are right inside limits of not contributive principal and interest company cannot the part of pay off assumes additional liability to pay compensation.
2, forensic court decision
Highest courtyard 4 partner the company are sufficient the forehead is contributive and whether should be inside contributive and insufficient limits to the company cannot the part of pay off assumes additional liability to pay compensation, regarded controversy as the focus, undertook treatise.
Highest courtyard thinks, about 4 partner is contributive and whether should be opposite inside contributive and insufficient limits company cannot the assumes additional liability to pay compensation partly problem of pay off. Via checking, the enrollment when target company is established capital gold is 10 million yuan, partner is this case 4 the accused, company rules agreed respectively the contributive scale of each partner. Via checking, 4 partner what although turn,agree is contributive inside the company open account to the bank, but all that day or give inside short time turn piece. This money turns inside short time piece, belong to smoke escape the company is contributive. " top people court about applicable < company law of People's Republic of China > the regulation of a certain number of problems (3) " thirteenth the 2nd regulation, the partner that company creditor can request to was not fulfilled or did not fulfil contributive obligation in the round is right inside limits of not contributive principal and interest debenture Wu cannot the part of pay off assumes additional liability to pay compensation. Accordingly, 4 partner of first trial cognizance company ought to are opposite debenture Wu cannot the part of pay off assumes additional liability to pay compensation to have lawfully according to.
3, enlightenment
To company creditor whether sue company and shareholder at the same time, put in controversy in solid Wuzhongyizhi, some courts do not grant to accept directly, think legal impact is multiple, involve contract dispute and partner to damage issue of loan interest liability, ought not to try along with all the others. Some courts were accepted, but the accused partner often can raise jurisdictional objection.
To administer demur, highest courtyard ever was in (2014) civilian one eventually the word thinks that he cannot incorporate in the 228th legal precedent cognizance, the ruling is rejected sue, but highest courtyard is in (2017) top magic art civilian administer eventually 42 think again in date " to the checkup of jurisdictional demur limits ought to be restricted to whether be opposite at accepting a court surely the case is had jurisdictional, whether OK amalgamative cognizance does not belong to the case jurisdictional demur examines limits, court of first instance rejects content of constant of company of embellish constant produce, embellish to shed a company jurisdictional to this case the objection that raise, all without exception be duped in comfortable use statute and. " and highest courtyard is in (2017) top magic art civilian eventually in 87 cases, consider as " Heng Bangzhi industry of limited company of group of song hill construction and Ji An city dispute of contract of construction of project of limited company construction of estate of buy of health house of town of limited company, 9 rivers 2 careful are civil ruling book the 100 million companies that amount to a letter raise the purpose of this case lawsuit is to chase after demand payment for goods, the legal impact of controversy affects for the business contract between its and contemporary and steely company, the debt that asks as to the 100 million companies that amount to a letter red mouth group, Li Peng flies to pair of contemporary and steely companies assumes joint liability, the debt liability principal part that attributes pair of identical contracts decides an issue really, party accuses the fundamental law significance that dispute still is business contract concern. Party accuses the fundamental law significance that dispute still is business contract concern..
Can see, highest courtyard is in whether can sue company and shareholder at the same time on this one problem, presence viewpoint sways, but from development the procedure looks, it is to approbate what sue at the same time on the whole.
And highest courtyard made this legal precedent in December 2017, whether ought to its assume partner additional liability to pay compensation to rate controversy central issue, support sue at the same time.
Wu Zhuan gives birth to a lawyer to think, highest courtyard is approbated be being sued at the same time is very correct. In solid Wu, a lot of courts differ with legal impact, cannot and case cognizance, reason is to owe sufficient, because paratactic brief of a case is in what exist in solid Wu, and also allowing in regulation of civil brief of a case. Still the court thinks that he cannot decide whether the company ought to assume responsibility temporarily, whether cannot repay debt, reason ought to sue a company first, reach the designated position through cannot carrying out program hind, ability sues shareholder. This reason also is owed sufficient. Party is beardless when after executive program is terminative, will sue shareholder again, its referee main body of a court verdict can be stated completely for " right inside the limits of principal and interest of not contributive and such-and-such amount debenture Wu cannot the part of pay off assumes additional liability to pay compensation " . In executive program, if the company has,fulfill ability, partner need not assume responsibility, if the company is not had,fulfill ability, can carry out partner belongings directly. Such regulation that handles complete be good law, also be managing lawsuit resource, decrease accuse tired actor chooses plan.
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