Applicant:
Respondents:
Legal representative:
The Intermediate People's Court of Shenyang City, Liaoning Province made a civil judgment of 20xx( 1) No.20xx in the case of labor employment contract dispute between the applicant and the respondent, and now the respondent refuses to perform the effective judgment. Therefore, we hereby apply to your hospital for enforcement.
Execute a request
1. Request the court to enforce the service fee of 50,000 yuan that the respondent should pay to the applicant;
2. Request the court to enforce that the respondent should pay the applicant a service fee of 50,000 yuan and the bank interest calculated according to the bank loan interest rate for the same period (from June 20xx 15 to August 26, 20xx);
3. Request the court to enforce the service fee of 50,000 yuan that the respondent should pay to the applicant, that is, double the bank loan interest rate (from September 6, 20xx to the date of completion of execution) and pay the bank interest.
4. Request the court to enforce that the respondent pays the legal fee of 988 yuan to the applicant;
5. The respondent pays the execution fee of this case;
Facts and reasons
In 2008, the defendant undertook a project in Shanghai. In order to finish it on schedule, the Respondent hired an installation team led by the Respondent to help with the installation. On June 5th, 20xx/KLOC-0, the Respondent paid the Respondent 50,000 yuan. Due to the respondent's failure to pay, the respondent filed a civil lawsuit with the Huanggu District People's Court of Shenyang, which made a civil judgment of (20xx) Huang Min Chu Zi No. XX, which reads as follows
1. The defendant Shenyang Engineering Co., Ltd. paid the plaintiff Zhang's labor fee of 50,000 yuan within ten days from the date when this judgment came into legal effect;
2. The defendant Shenyang Engineering Co., Ltd. shall pay the plaintiff Zhang the service fee interest within ten days from the effective date of this judgment (the interest shall be calculated and paid according to the loan interest rate of China People's Bank during the same period from June 20xx 15 to the effective date of this judgment); If the payment obligation is not fulfilled within the period specified in this judgment, the debt interest during the deferred performance period shall be doubled in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC).
3. Reject other claims of the original and the defendant. The case acceptance fee is 988 yuan, which shall be borne by the defendant Shenyang Engineering Co., Ltd. ..
After the judgment, the respondent filed an appeal, and the Intermediate People's Court of Shenyang City, Liaoning Province served the civil judgmentNo. XXX of 20xx Shen Min (1) on August 26th, 20xx, rejecting the appeal and upholding the original judgment. The expenses of the second trial shall be borne by the appellant.
At this point, the respondent failed to perform the judgment within 10 days after the final judgment came into effect, and hereby applied to your hospital for execution, so as to safeguard the legitimate rights and interests of the applicant.
Zhezhi
Shenyang Huanggu District People's Court
Applicant:
Date of application: xx, xx, xx.
Legal basis:
Article 242nd of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution from the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform. When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.