Li Sanzhong, the applicant, claimed that Xinyuan Coal Mine in Shi Mao Township, Tongzi County (hereinafter referred to as Xinyuan Coal Mine) borrowed * * * 5 million yuan from the applicant on 20 1 1 and June 16 due to the shortage of funds for capacity expansion and technical transformation. Later, Zhang Jun was entrusted to borrow 2.6 million yuan from the applicant on April 28th, 20 13 and June 6th, 20 14, and borrowed 7.6 million yuan successively from the respondents Xinyuan Coal Mine, Liu Chengliang and Tu Huaming * on October 6th, 20 14.
The respondent Tongzi Xishi Coal Industry Co., Ltd. merged and reorganized Xinyuan Coal Mine, and the repayment period has expired. Respondents Xinyuan Coal Mine, Liu Chengliang and Tu Huaming failed to repay the loan principal and pay interest in time as agreed, and their actions violated the agreement of both parties. As the respondent has a lot of debts and has been included in the list of dishonesty, if he does not apply for preservation immediately, it will cause irreparable damage to the legitimate rights and interests of the applicant. 20 1 17 years 10 9 applied to our hospital for pre-litigation property preservation, requesting to freeze the total bank deposits of the respondents Xinyuan Coal Mine, Liu Chengliang, Tu Huaming and Xishi Coal Industry Co., Ltd. in Shi Mao Township, Tongzi County, or to freeze, seal up and detain the value of the respondents/kloc. The guarantor, Zunyi Central Branch of China Life and Property Insurance Co., Ltd., provided a guarantee for this pre-litigation preservation, and voluntarily assumed the liability for damages caused by the wrong application for preservation.
The court held that
After examination, our hospital considers that the application for property preservation of the applicant Li Sanzhong is in compliance with the law. In accordance with the provisions of Article 101, Article 102 and Article 103, paragraph 1 of the Civil Procedure Law of People's Republic of China (PRC), the ruling is as follows:
The verdict of this case
The bank deposit180,000 yuan (account number 52 ×××× 14) of the respondent Xishi Coal Industry Co., Ltd. in China Construction Bank Tongzi Sub-branch was frozen.
This ruling will be implemented immediately.
If you refuse to accept this ruling, you may apply to our hospital for reconsideration once within five days from the date of receiving this ruling. The execution of this ruling shall not be suspended during the period of reconsideration.
If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall lift the preservation.