| No. 4 of Seven Representative Civil and Commercial Cases of Legally and Equally Protecting the Lawful Rights and Interests of Private Enterprises by the People's Courts Issued by the Supreme People's Court: [REDACTED] Investment Company v. [REDACTED] Group Company (Case of An Objection to Enforcement) | | 最高人民法院发布7个人民法院依法平等保护民营企业合法权益典型民商事案例之四：某投资公司诉某集团公司执行异议之诉案 |
| — The private enterprise that has fulfilled the obligation of capital contribution in accordance with the law shall be protected by the system of limited liability of shareholders | | ——已依法履行出资义务的民营企业，受股东有限责任制度保护 |
| Basic Facts | | 基本案情 |
| The claims of [REDACTED] Group Company against Shanxi [REDACTED] Company were not repaid. On the ground that Shanxi [REDACTED] Company did not actually increase its capital in full amount, [REDACTED] Group Company applied for adding the original and current shareholders of Shanxi [REDACTED] Company as persons subject to enforcement. The court of first instance ruled to add [REDACTED] Investment Company, which was the current shareholder of Shanxi [REDACTED] Company, as the person subject to enforcement and ordered [REDACTED] Investment Company to be jointly and severally liable for the debt of Shanxi [REDACTED] Company within the scope of the newly increased registered capital of 45 million yuan. [REDACTED] Investment Company filed this lawsuit involving an objection to enforcement and claimed that it should not be added as the person subject to enforcement to the enforcement case. The courts of first instance and second instance dismissed the claim of [REDACTED] Investment Company on the grounds that there were abnormal changes in the funds involved and [REDACTED] Investment Company failed to produce evidence to prove that its subscribed capital had been paid in full amount. | | 某集团公司对山西某公司的债权未得到清偿，以未实际足额增资为由，申请追加山西某公司原股东及现股东为被执行人，一审法院裁定追加山西某公司现股东某投资公司为被执行人，对山西某公司的债务在新增注册资本4500万元的范围内承担连带清偿责任等。某投资公司提起本案执行异议之诉，请求不将其追加为该执行案件的被执行人。一、二审法院分别以案涉资金存在异动、某投资公司未提供证据证实其认缴出资已到位为由，驳回某投资公司的诉讼请求。 |
| ．．．．．． | | ．．．．．． |
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