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No. 7 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] Home Furnishing Company v. [REDACTED] Consulting Company — Upon joint applications of both parties, the people's court conducted pre-enforcement withholding and transfer of the preserved funds, realizing mutual benefit and win-win of both enterprises (Case of Dispute over a Contracting Contract)
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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七：某家居公司诉某咨询公司承揽合同纠纷案——人民法院根据双方共同申请联动执前扣划，实现企业之间互利共赢
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【法宝引证码】
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- Legal document：
Ruling
- Judgment date：
04-22-2025
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| No. 7 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] Home Furnishing Company v. [REDACTED] Consulting Company (Case of Dispute over a Contracting Contract) | | 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七：某家居公司诉某咨询公司承揽合同纠纷案 |
| — Upon joint applications of both parties, the people's court conducted pre-enforcement withholding and transfer of the preserved funds, realizing mutual benefit and win-win of both enterprises | | ——人民法院根据双方共同申请联动执前扣划，实现企业之间互利共赢 |
| Basic Facts | | 基本案情 |
| [REDACTED] Home Furnishing Company took a general assignment of the Supply and Installation Contract entered into by and between a party not involved in the case and [REDACTED] Consulting Company and provided custom-made furniture worth over 6.8 million yuan. Due to outstanding payment of [REDACTED] Consulting Company, the Company claimed that [REDACTED] Consulting Company should pay the contracting fee of more than 1.86 million yuan. The bank deposits of [REDACTED] Consulting Company were frozen in full amount through pre-litigation preservation. [REDACTED] Consulting Company raised a counterclaim for the liquidated damages of more than 2.45 million yuan and the rectification costs of more than 130,000 yuan incurred from delayed delivery and quality problems. The bank deposits of [REDACTED] Home Furnishing Company were frozen in full amount through interim-litigation preservation. Upon mediation presided over by the court, a mediation agreement that [REDACTED] Consulting Company should pay [REDACTED] Home Furnishing Company 500,000 yuan within a prescribed time limit was reached. Upon joint applications by both parties, the court was requested to use the bank deposits frozen under the pre-litigation preservation as the source of funds for [REDACTED] Consulting Company to fulfill its payment obligations under the mediation agreement, withhold and transfer such bank deposits, and lift the property preservation measures against [REDACTED] Home Furnishing Company and [REDACTED] Consulting Company after the payment obligations were fulfilled. | | 某家居公司概括受让案外人与某咨询公司之间的《供货安装合同》，并提供了680余万元的定制家具，因未结清款项而主张某咨询公司支付186万余元承揽款，并通过诉前保全足额冻结银行存款。某咨询公司以延期交货及质量问题提出245万元违约金及13万余元整改费用的反诉请求，并通过诉中保全足额冻结银行存款。经法院主持调解，达成了由某咨询公司限期支付某家居公司50万元的调解协议。经当事人共同申请，要求以诉前保全所冻结的银行存款作为某咨询公司履行调解文书付款义务的款项来源，请求法院予以扣划，并在履行完毕后解除对某家居公司、某咨询公司的财产保全措施。 |
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