Lawyer Ingeniously Breaks Through Shareholder Contribution Dilemma, Securing Full Protection of Creditor's Rights

 2026-03-13  14


Recently, the Minhang District People's Court of Shanghai rendered a first-instance judgment in the case of Angke Company v. Baocheng Company and Meilong Company (a lawsuit arising from an objection to the addition of a person subject to execution), fully supporting the plaintiff Angke Company's claims. In this case, Lawyer Xu Wen from Shanghai Nuo Di Law Firm, acting as the entrusted litigation agent of Angke Company, successfully recovered the loss of the client through professional and meticulous legal services.

 

It is reported that Angke Company had a sales contract dispute with Shangde Company and others. After the court confirmed the creditor's rights through judgment, the execution procedure reached an impasse because the person subject to execution had no property available for execution. Upon accepting the entrustment, Lawyer Xu Wen promptly launched an investigation and evidence collection. By sorting out key documents such as the National Enterprise Credit Information Publicity Report and industrial and commercial registration materials, he discovered that Baocheng Company and Meilong Company, the shareholders of Shangde Company, had failed to fully pay their subscribed capital when due. Moreover, the extension of the capital contribution period occurred after the formation of the debt, which could not be invoked against the creditor Angke Company.

 

During the trial, in response to the defendants' defenses such as "full capital contribution has been completed" and "objection to the subject of the debt," Lawyer Xu Wen made precise refutations from multiple dimensions including the rationality of the flow of contributed funds, the company's operating status, and the time node of capital contribution, combining evidence such as bank statements and annual corporate reports. He pointed out that the transfer funds from the two defendants were not actually used for Shangde Company's operations, and their concentrated capital contribution during the litigation was inconsistent with common sense, successfully persuading the court to adopt the plaintiff's agent's opinions.

                                                                                          

Finally, the court ruled to add Baocheng Company and Meilong Company as persons subject to execution, ordering Baocheng Company to assume supplementary liability for compensation within the scope of its unpaid capital contribution of RMB 2 million, and Meilong Company to assume supplementary liability for compensation within the scope of its unpaid capital contribution of RMB 3 million, for the part of Shangde Company's debts that cannot be repaid.

 

The success of this case demonstrates Lawyer Xu Wen's professional accumulation in complex commercial disputes and lawsuits arising from objections to execution. His rigorous ability to sort out evidence, accurate analysis of legal application, and powerful court debates have built a solid legal bridge for the client's realization of creditor's rights and effectively safeguarded the legitimate rights and interests of enterprises. Especially against the current background of difficulties in execution, this case provides valuable reference experience for creditors and holds significant judicial precedent value.