The retrial of the 350 and Anwei Village loan cases was opened

The 1999 annual business work conference of the Minmin Bank was prepared early and was prepared to be held on 9 January. Pen | fun | pavilion www. biquge。 info In other words, the overall plan of the bank's work plan should be distributed to all branches before the Spring Festival. In this way, all departments and sub-branches have been busy with the work of bargaining for annual tasks, striving to reduce the number of tasks assigned by the head office to their own units as little as possible. This is not to say that these people are not motivated and do not want to do a good job, but if the task is set inappropriately, for example, if it is set high, then it means that the welfare and political evaluation of the personnel involved in the task will be low.

On this afternoon, while Xia was discussing with lawyer Hao Wenting about the preparations for the retrial of Kishio Company, Xu Haitao from the Asset Loss Prevention Department of the head office called and asked Xia Xia: "Manager Xia, do you have a big opinion on the plan that the head office is going to issue in 1999 to collect 19.83 million yuan of loans for two stays?"

Summer asked, "Where did you get this news from?"

Xu Haitao said: "Don't ask the source for the time being, I just want to hear your thoughts." ”

Xia said: "We are old acquaintances, you see, when Yi Muzi was in the credit office, we dealt with each other, and Mr. Shen and Yang Yang also supported our branch. Let me tell you, we are all figuring out the collection, and our group of people, whether it is political treatment, economy, welfare, salary and bonus, is linked to the completion of tasks, not to the amount of money recovered. In this way, as the head of the department, I have to consider whether my subordinates have money to eat. ”

Xu Haitao interjected: "I can understand, you continue." ”

Xia continued: "Frankly speaking, the principal and interest of 19.83 million yuan of bad debt loans can be realized by clearing the property other than the collateral, and on the surface, after several years of tossing, those bad debt loan households have already gone to empty buildings, and it is difficult to complete. But we can do it on the basis of the balance of the branches, and you have to have confidence in me. However, don't set too much when making a plan, it's good if you can take care of a little reduction, and when the time comes, I will overdo it, won't it make everyone happier?"

Xu Haitao said: "I understand. Manager Xia, another day, lawyer Yang Yang and I will come to your bank for investigation and research, and then I will listen to your detailed introduction, and I will report your thoughts to Mr. Shen. ”

Summer said, "Okay, I'm waiting for you." After putting down the phone, Xia said to Hao Wenting: "Look, our bowl of rice is not delicious, and it seems that it will be even more difficult in 99." ”

Hao Wenting said: "What are you afraid of, are you afraid that you won't be able to eat three meals in Shenzhen?"

Summer was about to complain, and when he saw Chen Homework coming to Summer's office, he asked him to sit down.

After Chen Jiao sat down, he said to the two: "Another day, the retrial case of the Anwei Company, the power of attorney issued by the sub-branch of the legal person, the two of you will be the official entrustees, and Xu Donghai should not participate." ”

Hao Wenting asked, "President Chen, you won't participate?"

Chen homework said: "I didn't want to participate, but President Wang was worried that Manager Xia might argue with the other party because of his straight temperament after listening to the other party's defense opinions, and asked me to go with you too." However, my name is not written on the power of attorney, and your speech shall prevail, so I will go to grasp the situation so as not to let them grasp your handle. ”

After hearing this, Summer smiled and said, "Thank you, Governor, for protecting me." ”

Hao Wenting said: "I think so, the two presidents are thoughtful, because the trial supervision tribunal is a review procedure, and the discipline requirements are relatively strict. ”

Xia said to Hao Wenting: "By the way, President Chen and I have listed the other affiliated companies of Anyan Company, see when you are free, research and research, and when the time comes, there will be a bonus for clearing bad debts, will everyone share it together!"

Hao Wenting said: "Those companies are also independent legal persons, and it is more troublesome to do it. ”

Xia said: "I think there are always applicable laws, one is the registered capital, as the saying goes: the father and the son repay the debt, the father invests in, the creditor can always chase it to the son, and the second is that the new company makes money and forms the owner's equity, which is also shared by the shareholders? ”

At this time, Chen Homework said: "It's not appropriate to move now, and it's not too late to see the situation after the Spring Festival." ”

The "situation after the Spring Festival" mentioned by Chen Homework is the personnel layout of the head office for the Hubei branch. Imagine, if Wang Xianyao had been transferred away, and Chen had not gone up and a new president had been replaced to preside over the work, would Chen have taken the initiative to help people manage the water?

Hao Wenting said: "President Chen, I also want to verify two things, one is whether the evidence in the account change that Wu Dongmei said and the evidence recorded in Anyan Company and Kishio Company at the same time are there. The second is Xu Donghai's testimony, saying that there was no contract when the account was issued, only an IOU. Manager Xia, was that the case at that time?"

Xia smiled and said: "You ask me, who do I ask? The most terrible thing is: Lao Xu, as a loan manager, said this, and it is not easy for others to say it." Actually, I was working in the same office with him at the time, and I knew that he had a contract for the loan, but when he signed the contract later, I don't know what happened to those original contracts. ”

Chen homework said to Hao Wenting: "You are too late today, otherwise, ask Wu Dongmei to recall whether there is such a thing on the account page copied at that time, and then verify with the original, if there is really such a thing, I will see enough!"

On the morning of January 26, 1999, the long-awaited retrial of the loan dispute between the Anwei Economic Development Company and the Hubei Branch was held in the Eighth Court of the Municipal Intermediate People's Court. As Chen Jiaojiao said, Wang Xianyao entrusted Xia and Hao Wenting as the entrusted parties, but asked Chen Jiaojiao to participate in the trial, and told him to follow the plan discussed in advance and say as little as possible, so as not to be unnecessarily sanctioned by the court and the other party because the bank was perjury.

After Xia and Chen arrived at the branch, they contacted Hao Wenting, and she said that she would go directly to the court. So, in the summer, he took the car driven by Chen Jiao to the middle courtyard and went directly to the eighth court. After a while, Hao Wenting also arrived, and the three of them said hello and sat down in the position designated by the court to be applied for retrial.

At this time, the representative of Kishio, who was the person applying for the retrial, had obviously also arrived at the court, but he had not yet appeared.

Nearly nine o'clock, the clerk of the court came to the judge's seat and sat down.

At this time, nearly 10 people, including representatives of Kishio Company and Xiao Ming, a lawyer from Anyan Company, rushed in from the gate. Li Hua, the new secretary of the Anwei Village Committee, and Lin Cunmu, general manager of the Anwei Economic Development Company, greeted Xia and Chen Jiao, and took everyone to sit in the seats of the applicants for retrial, while Xiao Ming, a lawyer from Anyan Company, sat in the position of the respondent on the other side.

At this time, the three judges were already seated on the stage, and I saw the judge sitting in the middle holding a magic hammer in his hand, striking it, and saying: "Quiet, ready for trial! Has the representative of Kishio Company, who applied for a retrial, appeared in court?"

The court replied, "It's here!"

The judge asked again: "The person who was applied for retrial, has the Hubei branch arrived?"

Hao Wenting replied, "It's here!"

"Has the Anyan Company arrived?"

Xiao Ming replied, "It's here." ”

"Has the company arrived?"

The judge did not hear the answer, and repeated: "Jin Kaige? ”

After a while, the judge said, "Now the court is open." According to the ruling of the Intermediate People's Court of SZ City, GD Province (1998) Shen Zhong Fa Jian Jian Jing Zi No. 01X4 and 01X5, this court formed a collegial panel in accordance with the law, with me, Wang Xinran, Sun Ping, and Li Guohua, forming a collegial panel, and I serving as the presiding judge. Presided over the retrial of the loan dispute case with Hubei Sub-branch applied by Kishio Economic Development Company. According to the law, the parties can apply for recusal, and now the court asks: Can the parties apply for recusal against the members of the collegial panel in accordance with the law, and have they applied for recusal?"

Wang Xinran glanced at the place, and the party concerned said: "No." After the three sides finished speaking, he said: "Now announce the trial discipline." First, they must not roar at the court and interfere with the order of the trial; second, they must not give false testimony to the court. Anyone who gives false testimony will be investigated for legal responsibility in accordance with the law once it is verified......;

After Wang Xinran read out the trial discipline, the host said: "Now enter the court investigation and the parties present evidence, and the party applying for a retrial will say first." ”

Kishio Company's Hayashi Muraki said: "Our opinion was read out and presented as evidence by our lawyer, Yu Dahai. After speaking, he turned his head to look at the middle-aged man with a melon seed face sitting next to him, and motioned for him to speak.

At this time, a lawyer named Yu Dahai said: "In the case of the loan dispute between the Kishio Economic Development Company and the Hubei Branch of the Citizen Bank, we, as the applicant for retrial, have submitted sufficient human and material evidence and our claims to the court. ”

Then, he opened the file and read: "Zhuang Yu, who was the general manager of Hubei Financial Services Co., Ltd. at the time of the loan, wrote a handwritten certificate to the political and legal organs on July 4, 1998: 'At that time, our service cooperatives were lending to Anyan Company instead of Kishio Company, and when discussing the distribution of the loan to Kishio Company, I did say to Liu Linlin, the former general manager of Kishio Company: In the future, I will never pursue Kishio Company for repayment in accordance with this procedure, and we will change the accounts again after the due inspection. Later, for various reasons, it was not changed. Therefore, the Kishio Economic Development Company should not bear the responsibility for the repayment of the principal and interest of the 75 million yuan loan...... and Wu Dongmei, who was the social manager of Hubei Financial Services at that time, also confirmed on June 23, 1998: "The service cooperatives changed three accounts at that time, and there was no record of the loans of the Kishio Economic Development Company in the original accounts. ’……”

In the summer, lawyer Yu Dahai, who was reading the testimony of others, had two deep nasolabial folds like eight characters on his long melon seed face, which were obliquely carved from the nose to the lower jaw, and a black mole the size of a little finger grew where the left nasolabial fold intersected with the corner of the mouth, and a few white hairs grew in the middle of the black mole. This lawyer may have a rough habit of letting these white hairs grow. In this way, a black mole and a few short white hairs hang on the left side of the man's face, which makes people feel that he is a bit like a rotten head in society, the kind of evil person who is not very kind in the eyes of ordinary people.

At this time, Summer, who was sitting across from him, listened to his mouth like a river, and looked at his facial expression. In a few moments, some saliva was already flowing from the corners of the lawyer's mouth to his deep nasolabial folds. How did Xia look at him unpleasantly, frowned, and exchanged a few words of opinion with Chen Jiao, who was sitting next to him, from time to time.

At the same time, a middle-aged man who looked a little fatter and looked like an honest man sitting in the row of seats opposite the representative seat of the Hubei branch subconsciously glanced at Xia, got up from the seat, came to the place where the tea was placed, took a porcelain teapot, filled the porcelain teapot with boiling water from a thermos, and then carried the teapot to a row of writing desks where the three of them sat in the Hubei branch, and poured tea for Hao Wenting, Chen Job, and Summer respectively according to the seating order.

He smiled kindly as he poured tea for Summer. Then, while looking at the tea that slowly flowed into the cup with his eyes, he whispered to Summer, "Chief Xia, I know you." My surname is Huang, do you still have an impression?"

When Summer heard him speak, her eyes lit up, she looked at him, and said, "Ahhhh ”

At this time, the gentleman, who claimed to be surnamed Huang, whispered: "I still want to ask you to take care of me." With that, he poured tea elsewhere.

Summer listened to Mr. Huang's speech, and his mind was desperately looking for where to meet him, and he said that he was "Section Chief Xia", which means that it was a year ago. So, on what occasion did you meet him a year ago?

At this time, after introducing the testimony of Shen Mian, the former secretary of Kishio Village, Liu Linlin, the former general manager of Kishio Company, and Qin Xianhong, the former deputy general manager of Hubei Financial Services Society, Yu Dahai said: "Xu Donghai, the loan manager at that time, testified on June 11, 1998 when he was summoned by the political and legal department: 'The real loan was Zhu Chier's Anyan Company, and our bank conspired with Zhu Chi'er to call the Kishio Company to apply for the loan, purely to cope with the inspection of the People's Bank of China, and those procedures were all fake. 'You see, the Hubei branch is engaged in these famous halls, hiding from the world. What's more, last year, the Hubei branch still conspired with Zhu Chi'er and continued to play tricks to deceive my client. There is also the testimony of lawyer Xiao Ming, the agent of Anyan Company, which confirms that Anyan Company and Hubei Sub-branch continued to cajole my client, Kishio Company, to reach a mediation agreement. Today, lawyer Xiao Ming also arrived in the courtroom, and the judge can investigate on the spot: yes, or no. ”

After Yu Dahai finished speaking, the presiding judge asked Xiao Ming, the agent of Anyan Company: "The court asks two questions, and you have to answer them truthfully." First, during the mediation of the loan dispute between Kishio Company and Hubei Branch, did Anyan Company continue to deceive them, as Kishio Company said?

Xiao Ming said, "Yes." The main purpose of Anyan Company is to ask them to sign a mediation agreement, and they do not have to repay the loan, and the Anyan Company will repay it. ”

The presiding judge said, "Second, what do you think of the evidence presented by Kishio?"

Xiao Ming said: "It's all true. ”

The presiding judge said: "Now the Hubei branch will present the evidence. ”

Chen homework was afraid that the summer would express his opinion, so he grabbed the corner of the summer shirt and whispered, "Lawyer Hao will handle it." ”

Hao Wenting said: "We have already written written opinions to provide evidence, and I want to add two points. ”

At this time, Summer saw that Yu Dahai, who had been surging endlessly, was setting up Erlang's legs, and while looking at a copy of the supporting materials, he glanced at Summer with his small triangular eyes, which seemed to mean: "I'm looking at your supporting materials!"

It is true that the summer made a transcript of the interrogation, but what was stated in the "Application for Retrial" of Kishio Company was: "It was the Anyan Company that confirmed the real loan." And it was not read out in court.

At this time, I only heard Hao Wenting say: "We believe that, first, the mediation agreement signed by Kishio Company and our bank is an expression of everyone's true intentions, and we do not have the situation of coaxing the other party to sign the agreement. Second, judging from the bank's historical data, it is also true that Kishio Company attracted investment and brought Anyan Company to build an automobile city in their village, and thus obtained a large amount of funds from our bank to build several factories. It is not possible to deny the responsibility and fault of Kishio Company just because they see Zhu Chi'er involved in the case now. I think that at the beginning, the Kishio Company took out its real estate certificate and bet it in the treasury of the Hubei Financial Services Society, which has not yet officially opened, which is also the initiative of the Kishio Company, and no one forces you to do that. As for the completion of the mortgage formalities later, it is also the perfection of the contract by both parties. Therefore, we ask the court to distinguish between right and wrong and protect the safety of state property in accordance with the law. ”

After Hao Wenting finished speaking, the presiding judge announced an adjournment, during which the parties may provide additional evidence, and the court will announce the verdict at a later date. (To be continued.) )