On 29 April 2016, the enforcement bureau of our court took into custody a judgment debtor who refused to fulfil an effective judgment. These measures effectively maintained the judicial authority.
The enforcement applicant, Lin, had got into a dispute with the judgment debtor, Wang, in relation to a contract for ship operation loans. Wang borrowed CNY 25,000 from Lin in early 2010 on the grounds of alterations to fishing nets on a fisher. Wang defaulted on the repayment for years. In early 2014, the parties entered into a supplementary agreement on the interest on and term of the loan. However, by early 2015, Wang had only paid back CNY 6,000. Lin thus brought an action before us. On 18 December 2015, we rendered an effective judgment ordering Wang to pay the principal of and interest on the loan totaling CNY 56,025.
After the enforcement procedure of the case commenced, the enforcement judge served on Wang an enforcement notice and an order to report property, urging Wang to promptly fulfil the obligations under the effective judgment and explaining consequences of default. However, the judgment debtor insolently denied the obligations. It was understood by the enforcement judge that Wang owned a fisher that had been in operation, bringing in proceeds sufficient to fulfil the obligation of repaying CNY 50,000 odd under the effective judgment. Based on the judicial principle of serving the people, the enforcement judge repeatedly contacted Wang by phone and tried to persuaded Wang to fulfil the obligation. Nevertheless, Wang denied the obligation and attempted to evade the enforcement.
As a result, the collegial bench decided that Wang’s denial of obligation in spite of his solvency was a violation of relevant provisions on impairment of civil actions under the Civil Procedure Law. On 29 April, we issued a decision on custody, ordering to hold Wang in custody for 15 days, and executed the custody measures on the same night in the waters of Sanya Bay.