Sanya XX Company v. CRCC XX Company over Contract Dispute
Sanya XX Company v. CRCC XX Company over Contract Dispute
[Keywords]
active enforcement, good-faith enforcement
[Case summary]
In 2019, Sanya XX Company leased the premises in Sanya XX wharf to CRCC XX Company for prefab production, storage and transportation for Sanya XX Project. Upon expiry of the lease, CRCC XX Company continued to occupy the said premises to store concrete caisson prefabs (“Caisson Involved”) and other materials and facilities. Sanya XX Company took lawsuits (two) to the court and requested that CRCC XX Company pay the overdue premise rentals and damages, remove the caissons involved from the said premises, and return the said premises to Sanya XX Company. After the two judgements took effect, Sanya XX Company applied to the court for enforcement.
[Enforcement]
The court adheres to the principle of active administration of justice and has always upheld the philosophy of “losing not a single day” in its works. It took 46 days only to deliver the judgement, worked to settle the enforcement item by item of the performance content, and urged the two parties to reach an “advance repayment + active removal” step-by-step enforcement solution, and the judgement debtor took two and a half months only to remove 49 large caissons (each rectangular caisson weighs about 5,000 tons and each round caisson about 500 tons). Meanwhile, the court exercised good faith and civilized enforcement by urging the judgement debtor to remove the caissons to stop the incurrence of damages and the interests due to delayed performance, and helping the applicant to recover funds in advance to replenish its cashflow for a win-win result.
[Significance]
The premises in the two cases are about 43,000 square meters, and lie in the land area of the planned scientific research wharf in Sanya Nanshan Port. This wharf is an important component in the construction of deep-sea scientific research facilities, and will play a critical role in filling the blank in China’s “public scientific research wharf”, mastering and exploring critical technologies in the field of deep-sea studies, and promoting the ocean powerhouse strategy. The successful enforcement and conclusion of the two cases prevents the continuous incurrence of losses to both parties arising from the long-term occupation of the wharf grounds, remove an obstacle for the scheduled construction of the public scientific research wharf in Sanya Nanshan Port, and provided effective judicial assurance to the development of key industries in Hainan Free Trade Port.
