That is, one morning a week after the materials were distributed to the president, Xia was rushing to write the "Explanation of the Relevant Situation on the Loan of Kishio Company" prepared for the trial of the Municipal Intermediate People's Court, and Chen Jiao called Xia: "Lao Xia, I am now in the Intermediate People's Court, can you help me check, what was the one-year loan interest rate a year ago?"

Summer said, "Okay, don't put the phone, I'll tell you right away." Pen @ fun @ pavilion wWw. ｂｉｑUｇE。 ｉｎｆｏ”

Chen said: "I want to be accurate. ”

Xia took out the folder, opened the interest rate table, and said, "President Chen, the monthly interest rate is 12.078‰." ”

Chen Jiao repeated a sentence: "12.078‰ monthly interest." Alright!" he put down the phone.

Xia thought to himself: "It is estimated that the loan case of the West Lake Spring Securities Management Company has been opened, and President Chen is busy with this matter alone." He was tossed into the same way by his classmates back then, and it was not worth it. It seems that it is better to 'eat less salted fish and less dry mouth'. ”

It is also true that this business has embodied this characteristic from beginning to end: Chen has insisted on dismantling it alone, and the data files are kept by him alone, and he was originally going to secretly take them back alone, but now he has gone to the Municipal Intermediate People's Court alone to go to court. What is somewhat consistent is that the documents and materials for this lawsuit are still kept by Chen Jiao himself like borrowed materials, because he is worried that the problem will be leaked, and if someone reaches the head office and says something ugly, if he is only cut off three times, the punishment will be light. Therefore, in addition to Wang Xianyao, who is the number one, knows about this matter, it is only because Wang Xianyao mentioned it in the summer to understand the general situation. And to solve the problem, he can only do it alone. Not only that, but all day long, I was nervously worried about further incidents and disrepute.

Summer is continuing to write documents ready for printing, because Wang Xianyao has not come to the branch often recently, Summer also asked Han Xiaoniu to make up the document number, and it will be printed immediately after the president signs it. The manuscript at that time was:

Citizens Bank Hubei Branch Documents

Shen Shi Yinhu Zi (1998) No. 056

Explanation of the relevant situation on the loan of Baoan Kishio Company

Municipal Intermediate People's Court:

The relevant situation of Shenzhen Bao'an Anwei Economic Development Company, one of the shareholders of our bank from April to June 1994, is explained as follows, and the supporting materials are provided (see attachment).

1. Loans.

Due to the lack of funds for the joint construction of the automobile city project, Bao'an Anwei Economic Development Company and Shenzhen Anyan Automobile City Co., Ltd. loaned a total of 215.5 million yuan to our bank from April to June 1994, of which 1. 46.5 million yuan was loaned in the name of Anyan Automobile City Co., Ltd., and 29 sets of real estate construction rights provided by Anwei Economic Development Co., Ltd. were pledged. 2. Loan of 169 million yuan in the name of Kishio Economic Development Company. When the contract was signed for the first time, the Anwei Economic Development Company pledged 155,000 square meters of industrial land in Anwei Village submitted to the Bao'an Planning, Industry and Land Bureau for approval. In the specific operation, because the land price of the land has not been paid, the mortgage registration procedures cannot be completed. At that time, in consideration of the shareholder relationship with Kishio, our service company adopted the method of taking out loans, going through procedures at the same time, and urging repayment at the same time. As of June 20, 1994, when the Shenzhen Special Zone Branch of the People's Bank of China came to audit, the balance of the loan of Kishio Company in our bank was still 89 million yuan, and the Shenzhen Special Zone Branch of the People's Bank of China issued an audit conclusion on July 12, 1994, pointing out: "The collateral is false. Your company has lent 18 loans to Kishio Company, with an amount of 169 million yuan, and the balance of 89 million yuan on June 20, which is mortgaged by land, but there is no land use certificate and red line map. Since then, Shenzhen Hubei Financial Services Co., Ltd. has indeed thought of a lot of ways to take measures to prevent risks. Among the balance of the loan of 89 million yuan, the remedial measures taken are: (1) a loan of 10 million yuan pledged by the 10 million yuan enterprise deposit certificate deposited in the development bank (the deposit has been repaid when it is due). (2) A loan of 20 million yuan was pledged for 78 commercial vehicles of Anyan Company. At that time, the three certificates and car keys were detained and deposited in the bank (Later, due to the compulsory withdrawal of the Hainan People's Court, the service agency discussed with Kishio Company and Anyan Company to find a new guarantor. On June 14, 1995, Shenzhen Hubei Financial Services Co., Ltd. signed a guarantee contract with Kishio Company and a Zhongshan company with fixed deposits, covering the original contract. (3) The remaining 59 million yuan of loans were guaranteed by Shenzhen Hubei Financial Services Co., Ltd., Anwei Economic Development Company and Shenzhen Jinkaige Development Co., Ltd. on July 11, 1994, and a detailed list of guaranteed loans was made to cover the original land mortgage contract. The process of the above-mentioned supplementary procedures is handled on the basis of the true intentions of all parties in accordance with the regulatory requirements of the People's Bank of China and in order to prevent risks. It is to improve the contract for the balance after repayment of the loan of the Kishio company. Therefore, it is not surprising that the amount of the original IOU is higher than the amount of the contract.

On August 1, 1995, the Hubei Branch of the People's Bank of China officially changed the leadership of Shenzhen Hubei Financial Services Society. Prior to the replacement, the former person in charge of the service agency had repeatedly discussed with Kishio Company, Anyan Company, and Jin Kaige Company to further enrich the mortgage procedures. Kishio never disputed the loan. Prior to this, the audit team of the Shenzhen Special Economic Zone Branch of the People's Bank of China went to Kishio Company in June 1994 in the form of a special audit, and Kishio Company also had a positive attitude towards the loan. After the arrival of the new leadership team of the Hubei sub-branch, they repeatedly invited the two directors of the Anwei Village Committee and the secretary of the village party branch to discuss the repayment of the loan, and the atmosphere was harmonious and sincere. Prior to the lawsuit, our bank served the Notice of Overdue Loan of Shenzhen Minmin Bank (97) No. 03 on August 19, 1997, and Kishio Company also went through the procedures for confirming the return of the signature. During the court mediation process, the representatives of Kishio Company who participated in the mediation did not object to the loan.

II. List of Attachments to Present Evidence:

1. The basis for the loan to the account of Kishio Company (18 IOU recipient vouchers);

2. A certificate of repayment of 4 million yuan on April 30, 1995;

3. 13 checks for transfer from Kishio Company;

4. A copy of the proof that Kishio Company is a shareholder of Hubei Financial Services Society:

5. Two copies of the supporting materials for the relationship between Kishio Company and Anyan Company: the approval of the district office on the establishment of Anyan Automobile City Co., Ltd., and the cooperation contract between Anyan Company and Kishio Company.

6. Two copies of post-loan inspection and collection materials: replacement of guarantee contract on June 10, 1995 and overdue notice on August 18, 1997.

7. Seven original loan contracts;

8. 12 bank receipts.

Citizen Bank Hubei Branch

17 November 1998

In the afternoon, the president's office was full of people, and the two presidents and Hao Wenting were there. This is because Chen Jiao and Hao Wenting participated in the trial of the loan case between the Hubei branch of the Hubei branch and the Xihu Spring Securities Management Company, which was held in the morning by the Intermediate People's Court.

After listening to Hao Wenting's introduction to the trial, Wang Xianyao was obviously very unhappy in his heart, worried that this case with a hand would be entangled sooner or later.

In the summer, I could see the movement of the governor's office in the hallway, and I thought that they had gathered together as an opportunity to discuss the retrial of Kishio. So, he took the paper he had written and walked to the president's office.

In the president's room, Chen and Hao Wenting did not sit opposite Wong Hsien Yew's desk as usual, but on the opposite side of the leather sofa that is part of the reception room, which is far from where Wong Hin Yew sits.

When Wang Xianyao saw the arrival of summer, he quietly wrote something in a pencil notebook and said to summer: "Sit down." ”

Seeing Wang Xianyao writing something listlessly in the summer, he was probably in a bad mood, so he sat on the sofa by himself, opposite Hao Wenting and Chen Jiao. At this time, Wang Xianyao opened his mouth and asked, "Lao Xia, what's the matter?"

Xia said: "I saw that lawyer Hao was also here, and I just happened to discuss the retrial of Kishio Company. I wrote a note that the president would see if it would work, and if it did, he would print it out and send it to the court. ”

Wang Xianyao said to Xia: "I don't know much about the situation of Anyan Company and Kishio Company at that time, so let's show President Chen first." Then, he said to Hao Wenting and Chen Zuo: "Or, you two take a look." ”

Summer was very surprised by Governor Wang's speech, and estimated that he must have encountered something unspeakable, and he had already shown that he had given up the retrial of the case. So, Summer handed the manuscript to Hao Wenting.

Hao Wenting took the summer manuscript, read it and handed it to Chen Assignment, but Chen Assignment had no intention of reading it, flipped through it, and took it in his hand.

Xia said to Hao Wenting: "Lawyer Hao, what do you think?"

Hao Wenting said: "Oh, if you don't say this, don't say it, I think I try to say as little as possible." ”

Summer turned his gaze to Chen Jiaojiao, and Chen Jiajiao also replied: "I agree with what Lawyer Hao said, try not to say it." Ask the other party to provide evidence. ”

Summer was a little unhappy after hearing this, and said: "Everyone knows that this case is all over the world. The testimony and evidence of the other party have been put in the court. If it were time for the court hearing, there would be no one on our side who would be able to speak. I wrote this thing, firstly, to give some explanations based on the focus of the court's Miss Sun when she came to me to talk about the case, and secondly, to refer to the main points raised by Kishio Company, which regarded the dead horse as a live horse doctor. In my opinion, we are not talking about how and how to simplify things theoretically, but in practice, which things are written in it, which ones are not, what will affect us in the future, what should be more appropriate to be simplified, and so on, that is, from a legal point of view. This is not a general economic dispute, and whether or not to defend has no impact on me personally, and it is entirely up to the industry to decide. Huh?"

When Wang Xianyao heard the meaning of Xia's speech, he seemed to complain that the governor didn't do anything and didn't do anything, so he stopped the pen he had been busy with and said to Xia: "Show it to me, and you can tell me about the situation." ”

"The other party has already proved that the loan is fake, and we have said that it is true based on the available materials, so we also have to provide evidence," Summer said. Among the evidence that can be presented, which can be given to the court and which one is not? ”

Wang Xianyao flipped to the evidence part, and immediately circled the bill for the money to Anyan Company. Then, Wang Xianyao said: "Give the materials to President Chen again, and I'll take a look at them when I'm done." ”

Chen Homework didn't want to look at it anymore, and said, "I've seen it." ”

As a result, Wang Xianyao read it in detail and wrote the word "agree" with the pencil in his hand. After writing it, Wang Xianyao asked Xia, "This was written at the request of the court?"

"Not exactly," said Summer. What is the matter with the court requiring the sub-branch to explain in writing that the contract is 79 million yuan and the IOU is 81 million yuan? It would be useful for the court to understand the situation at the time when it was to talk about the three changes in contractual relationships. ”

Wang Xianyao said: "I think it is possible, so that it can also be explained that the contract is inconsistent with the IOU." However, it is necessary to change the word "replacement" and "replacement" of the contract to "resign". ”

Summer said, "Okay. ”

At the end of this month, the Hubei Branch of the People's Bank of China received the retrial ruling of the Municipal Intermediate People's Court on the loan dispute case of the opposite shore tail company:

Municipal Intermediate People's Court

Civil rulings

(1998) Shen Zhong Fa Shen Jian Jing Zi No. 01X4, 01X5

The loan dispute between Shenzhen Baoan Anwei Economic Development Company (hereinafter referred to as "Anwei Company") and Hubei Branch of the People's Bank of China, Shenzhen Anyan Automobile City Co., Ltd., and Shenzhen Jinkaige Development Co., Ltd. has been issued by this court in the (1997) Shen Zhong Fa Jing Chu Zi No. 1561 and 1562 civil mediation documents, and has taken legal effect. Dissatisfied with the mediation, Kishio applied to this court for a retrial. After discussion by the adjudication committee of this court, it was decided to retry the two cases. In accordance with the provisions of Article 179, Paragraph 1 (1), Article 183 and Article 184, Paragraph 2 of the Civil Procedure Law of the People's Republic of China, it is ruled as follows:

1. This court is to separately form a collegial panel to conduct a retrial of this case;

2. During the retrial period, the enforcement of the original mediation document is suspended.

Dean: ×××

Municipal Intermediate People's Court (India)

This document is no different from the original on November 25, 1998

Clerk: ×××

The leadership team of the Hubei branch did not give much consideration to the old loan mentioned in the ruling, because it did not have much to do with their responsibility. On the other hand, as the vice president, Chen Jiao's speech and demeanor seem to hope that the Hubei branch will lose the lawsuit in this regard, because in this way, Zhuang Yu, the legal representative of the former Hubei Financial Services Society, will bear the responsibility for dereliction of duty and may be imprisoned. People can't figure out why Chen Jiao and Zhuang Yu have only been working together for a year, why they have formed such a big beam, and they have to put people to death and hurry up? Can it be said that because he is young and has no social experience, he does not know the depth of the reason for handling things? (To be continued.) )