The third middle court of Beijing city listed Liu's hand as an old Lai and released the information to the tiktok platform. Video screenshot
Original title: wanghong 'Liu Yishou' default brokerage company failed to pay 20 million compensation to Cheng Laolai
Net red anchor "Liu Yi Kwai" Ben signed a live broadcast agreement with the'YY live platform, but went to China's Guangzhou Arbitration Commission to award compensation for the Guangzhou defaulting Media Co., Ltd. for more than 2300 yuan. Because all the compensation was not fulfilled, he was listed as "Lao Lai" by the court.
Beijing News (reporter Liu Yang) wanghong anchor 'Liu Yishou' (formerly Ding Dayuan) was listed as' Lao Lai 'because he owed more than 20 million. Today (June 13th) afternoon, the Beijing News reporter was exclusively informed that the reason for the debt was that he signed an exclusive live broadcast agreement with the'YY live platform, but went to the Kwai Chung live broadcast. He was awarded a compensation by the China Guangzhou Arbitration Commission for the Guangzhou Yuet Ju Media Co., Ltd. for more than 2300 yuan.
Signed the only live broadcasting agreement, but went to the competitor for live broadcasting
According to the award issued by China Guangzhou Arbitration Commission on February 19, 2019, huanju media company applied for arbitration and said that it is subordinate to huanju times group listed on NASDAQ. It is an enterprise integrating live broadcasting brokerage and traditional brokerage, and has cultivated tens of thousands of signed anchors on its live broadcasting platform 'YY platform'.
On September 18, 2015, huanju media signed a brokerage agreement with Ding Dayuan, which agreed that Ding Dayuan, as an artist of the company, promised to fully obey the brokerage arrangement of the company and take 'YY platform' as the only Internet interpretation platform, with a cooperation period from September 18, 2015 to September 17, 2020. After signing the contract, huanju media company awarded Ding Dayuan the qualification of "gold medal artist" according to the contract, and provided exclusive resources and services. Ding Dayuan received rich performance remuneration on the "YY platform" every month according to the brokerage arrangement.
But Kwai Chung media found that Ding began to live in the 'fast' live broadcasting platform in March 2017 (nickname: Liu Yishou). The company believes that Ding Dayuan has gained huge profits in the 'Kwai' live platform through the influence generated by fans and live broadcast on the'YY platform. Meanwhile, huanju media company dissuaded Ding Dayuan many times, but with little effect. After the Kwai Chung media company issued the "letter of law" in September 14, 2017, Dante yuan is still living on the platform of the "quick hand" platform. Huanju media company believes that Ding Dayuan's behavior seriously violates the brokerage agreement between the two sides and has an extremely bad impact on the management of the company's' gold medal artist '. According to the two agreements, if Ding Dayuan engages in internet live broadcasting on a network platform competing with 'YY platform', which constitutes a fundamental breach of contract, he shall pay a penalty of 500000 yuan, or multiply the monthly average platform revenue obtained in the past 12 months of the performance contract by the total amount of the remaining contract months, whichever is higher.
Kwai Chung media said that as of May 30, 2018, Ding Dayuan's number of fans in the 'quick hand' reached 14 million 870 thousand, and the losses and adverse effects continued to expand.
If the two parties fail to reach a settlement, the ruling result shall be issued and implemented in Beijing
The Beijing News reporter learned that both parties submitted an application for out of court settlement on July 7, 2018. Due to the complexity of the case, the trial of the case was postponed to February 20, 2019. However, the two sides failed to reach a pre-trial mediation agreement and the arbitration tribunal decided.
According to the award issued by China Guangzhou Arbitration Commission on February 19, 2019, the arbitration tribunal ruled to terminate the gold medal artist brokerage agreement signed between the applicant and the respondent, and Ding Dayuan shall pay the applicant liquidated damages of more than 23 million yuan and bear part of the arbitration fee of more than 160000 yuan in accordance with the standards agreed in the contract. If the payment is overdue, it shall be handled in accordance with the provisions of article 253 of China's civil procedure law.
Article 253 of China's civil procedure law stipulates that if the person subjected to execution fails to perform his obligation to pay money within the period specified in the judgment, ruling and other legal documents, he shall double the debt interest during the period of delay. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay a penalty for delay in performance. So far, Ding Dayuan has been listed as a dishonest executee. According to China executive information disclosure network, Ding Dayuan was listed as the list of dishonest Executees on April 3, 2019 and released on June 11, 2019. The subject matter of execution reached more than 23.37 million yuan, indicating that all of them had not been fulfilled.
China executive information disclosure network shows that Ding Dayuan is listed as a dishonest executee. Webpage Screenshot
Question 1: why is Guangzhou Arbitration executed by Beijing third intermediate people's court?
Why is the award made by Guangzhou Arbitration Commission enforced by Beijing third intermediate people's court? Zhang Yiban, a former executive judge and lawyer of Beijing Puying law firm, introduced that the place of arbitration award is not necessarily the place of the Executive Court.
The Beijing News reporter learned from people familiar with the matter that because Ding Dayuan had property clues in Beijing, the arbitration was implemented in Beijing. According to the provisions of the civil procedure law, the court for the enforcement of an arbitral award may be the domicile of the person subjected to enforcement and the location of the property subjected to enforcement. Because it is an arbitration award, the competent court for enforcement is not the grass-roots court, but the local intermediate people's court. Therefore, it is enforced by the third intermediate people's Court of Beijing. At present, the court has frozen Ding Dayuan's relevant account.
On the issue that Ding Dayuan was listed as an 'old Lai' without property declaration, Zhang Yiban introduced that the enforcement procedure is for the applicant to apply for enforcement to the competent court. After filing the case, the court sends an enforcement notice to the person subjected to enforcement, and requires the person subjected to enforcement to declare property according to the circumstances. If the execution is refused, the court has the right to require the person subjected to execution to declare his personal property. If they fail to make property declaration within the time required by the court, the court will list them as dishonest Executees and restrict high consumption.
Question 2: why can a luxury wedding be held when consumption is limited?
According to public information, the consumption restriction order for Ding Dayuan was issued on April 30. On June 13, Ding Dayuan also held a high-profile wedding. There are also photos of his wedding in the hotel and photos of his luxury wedding car on the Internet. In this regard, Zhang Yiban believes that the order to restrict high consumption is to prohibit high consumption that has nothing to do with ordinary life. Whether Ding Dayuan's wedding rented high-end hotels and luxury sports cars, how grand the scene is, whether it was his personal high consumption or with the help of his friends, needs the court to investigate. However, from the perspective of normal reasoning, his luxury wedding in the hotel is obviously contrary to the restriction order restricting high consumption.
Zhang Yiban believes that while being restricted from high consumption, since he can hold a high-profile wedding, he should not pay enough attention to the dignity of the law and the restriction order and notice issued by the court, indicating his weak legal awareness. Zhang Yiban said that in the future process of property enforcement, if the enforcement court can prove its ability to enforce the arbitral award, the court may add some punishment measures. For example, if Ding Dayuan violates the consumption restriction order, the enforcement court has the right to take compulsory measures such as judicial detention and fines against him in accordance with relevant laws.