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No.3 of Four Model Cases Published by the Supreme People's Court: Case regarding Zhao Chunlian's Application for the Enforcement of a Case regarding a Motor Vehicle Traffic Accident Involving Zhang Yuhao

最高人民法院发布的四起典型案例之三:***申请执行***机动车交通事故案

  • No.3 of Four Model Cases Published by the Supreme People's Court: Case regarding Zhao Chunlian's Application for the Enforcement of a Case regarding a Motor Vehicle Traffic Accident Involving Zhang Yuhao
  • 最高人民法院发布的四起典型案例之三:***申请执行***机动车交通事故案

  • (1) Basic Facts
  • (一)基本案情
  • Around 21:41 on July 31, 2010, when Li Fusheng drove a tricycle (with the enforcement applicant, Zhao Chunlian, sitting in the back), a motor vehicle traffic accident occurred between them and the person subject to enforcement, Zhang Yuhao. The accident caused Zhao Chunlian's cerebral trauma and schizophrenia, which constituted a level-1 disability, and Zhao Chunlian lost the litigation capacity. Upon identification by the traffic administrative department, Zhang Yuhao was solely liable for the accident. In March 2011, Li Fusheng, husband of Zhao Chunlian, filed a lawsuit in the People's Court of Fengtai District, Beijing Municipality, on behalf of Zhao Chunlian. After a hearing of first instance, the People's Court of Fengtai District, Beijing Municipality rendered a judgment that Zhang Yuhao should pay Zhao Chunlian the medical expenses, the expenses for the losing of working hours, the disability compensation, and the hospital food allowance, over 1.29 million yuan in total. After the judgment was pronounced, Zhang Yuhao appealed to the No. 2 Intermediate People's Court of Beijing Municipality, which then issued a civil mediation paper. It was determined in the mediation paper that Zhang Yuhao should pay a total of 900,000 yuan to Zhao Chunlian by installments. Zhang Yuhao paid Zhao Chunlian 200,000 yuan on the day when the mediation paper was issued and afterwards, he failed to continue the payment of the residual compensation according to the mediation paper. Therefore, on July 23, 2012, on behalf of Zhao Chunlian, Li Fusheng filed an application for enforcement in the People's Court of Fengtai District, Beijing Municipality, which accepted the application according to the law.
  • 2010年7月31日21时41分,李福胜驾驶三轮车(后乘申请人***)与被执行人***发生机动车交通事故。事故造成***脑外伤精神分裂,一级伤残,丧失诉讼能力,经交管部门鉴定,***负事故全部责任。2011年3月,***之夫李福胜代其向北京市丰台区人民法院提起诉讼。北京市丰台区人民法院一审判决:***赔付***医疗费、误工费、残疾赔偿金、住院伙食补助等共计129万余元。判决作出后,***向北京市第二中级人民法院提起上诉,北京市第二中级人民法院作出民事调解书,该调解书确定***分期给付***各项赔偿款共计90万元。***于调解书作出当日给付***20万元,其后对剩余赔偿款便不再按调解书继续给付。故李福胜代***于2012年7月23日向北京市丰台区人民法院申请强制执行,该院依法受理。
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