Today, because the Provincial High Court is going to hear two cases, one is the verdict of the appeal case of Bao'an Welfare Bed Industry Co., Ltd., and the other is the opening of the appeal case of Shenzhen Youbang Industrial Co., Ltd. Pen × fun × Pavilion www. ｂｉｑｕｇｅ。 infoEarly in the morning, Xia rushed to the branch, handed over the materials prepared yesterday to Hao Wenting for the trial, urged Ren Erwei to drive carefully, and took Hao Wenting to the provincial high court on the highway.

Then, in the summer, he felt that the morning was a rare free time, and he should go to Guan Guangjun's branch for a walk.

I heard that Guan Guangjun became the president of a branch of Guangfa, and Liu Xiaoqiang and Zhang Qingsong, who he was familiar with, became loan officers under him. Just go and see how they mix. So, he drove a car from Shennan East Road to the west. When I arrived at the department store, I just parked the car, and I happened to meet Liu Xiaoqiang coming down from the staircase, saying that he wanted to take the order to the sales department. He stopped and asked Summer, "Where are you going?"

Xia said: "I heard that you and Xiaoguan and Zhang Qingsong are staying together again, and I came to see you today." ”

Liu Xiaoqiang said: "Wait a minute, after I give them the order, I will take you up." With that, he quickened his pace and walked out. In less than ten minutes, he came back and walked in front of Summer, guided Summer into the elevator together, went up to the eleventh floor, and came to Guan Guangjun's president's room. The three of them began to chat. Occasionally, Zhang Qingsong also came in once, but after all, he had a little bit of a relationship with Guan Guangjun, and the relationship between his superiors and subordinates was more than friendship, so he didn't dare to stay for a long time. And after chatting for an hour in the summer, I also left, and when I saw Zhang Qingsong in the loan officer's office, who had completely changed from a section chief to a loan officer who ran errands, my heart also felt a little sour. He thought, "What a realistic animal this man is! It's really the survival of the fittest, and if you don't give in, you can't do it!"

When I got downstairs and was about to drive back to the branch, I suddenly saw Yang Mingwen, the boss of Jiepeng Company, walking on the shoulder of the road. Summer screamed: "Mr. Yang!"

Yang Mingwen looked up and was stunned when he saw Xia, and then reacted and said, "Manager Xia, why did I see you here?"

Summer said, "Yes, why did I say so coincidentally, I saw that my old colleague had just come downstairs, where are you going?"

Yang Mingwen said: "I want to go to Chaoshan Mansion to do something. ”

Xia said, "Take my car!" After speaking, seeing that Yang Inscription didn't seem to dare to sit up, Xia estimated that he was worried that he would collect debts from him after getting in the car or something. He said, "Don't worry, I'll send you to Chaoshan Building." When you say it, it won't be hard for you. ”

Yang Mingwen got into the car, and before he drove in the summer, he began to talk about the problems related to the loan, saying: "The court notified me that day that the court was in session, and I didn't go. I always feel even more embarrassed to go to the court, you look at me, I look at you. ”

Xia said: "You didn't go, Wu Xingwang didn't bear the original loan guarantee of 10 million yuan, and it was meaningless to let you find his real estate office mortgage to increase the loan by 5 million yuan." ”

Yang Mingwen seemed a little surprised and said: "Wu Xingwang does not bear the original mortgage liability of 10 million yuan? Let me tell you, when the project of the Cultural Building enters the auction stage, I will inform you." ”

Xia smiled and said, "I know that your project has been transferred to CCB as a mortgage, and you have handled the written things." After speaking, he looked at Yang Mingwen's face and felt a little embarrassed to see him. And he said, "I haven't been able to contact you lately, and I won't give me a new phone number?"

Yang Mingwen looked at him left and right and said, "I'm going to move recently, and I'll contact you when I move home." ”

Seeing that he was already mentally prepared to avoid debts, Xia didn't talk much, sent him to the door of Chaoshan Mansion on Dongmen South Road, let him get out of the car, and drove back to the Hubei branch without mentioning it.

It is said that Hao Wenting rushed to the Provincial High Court, and the judge read out the second-instance verdict of the loan dispute case of Shenzhen Baoan Welfare Bed Industry Company. Under the solemn state emblem, after the judge stood up, he saw all the people standing and read solemnly:

High People's Court of Guangdong Province

Civil Judgments

(1998) Yue Fa Jing Er Shang Zi No. 170

Appellant (defendant in the original trial): Shenzhen Bao'an District Industrial Villagers Committee.

Residence: Industrial Village, Bao'an District, Shenzhen.

Legal representative: Chen Shengli, director of the village committee.

Appellee (plaintiff in the original trial): Hubei Branch of Shenzhen Minmin Bank.

Residence: Hubei Road, Luohu District, Shenzhen.

Legal representative: Wang Xianyao, President.

Litigation agent: Hao Wenting, legal counsel of Hubei Branch of Shenzhen Minxing Bank.

Appellee (defendant in the original trial): Shenzhen Baoan District Welfare Bed Industry Co., Ltd.

Residence: Building 2, Haibin Road, Xin'an Town, Shenzhen.

Legal representative: Chen Lianping, general manager.

The appellant, the Shenzhen Bao'an District Industrial Villagers Committee (hereinafter referred to as the "Industrial Village Committee"), appealed to this court against the civil judgment of the Shenzhen Intermediate People's Court (1997) Shen Zhong Fa Jing Chu Zi No. 1170 due to a dispute over a loan contract. This court formed a collegial panel to hear the case in accordance with the law, and the trial has now been concluded.

After the trial, it was ascertained that on December 27, l994, the Hubei Branch of Shenzhen Minxing Bank (formerly known as Shenzhen Hubei Financial Services Society, later changed to its current name. Hereinafter referred to as Hubei Branch) signed a "Mortgage Contract" with Shenzhen Baoan District Welfare Bed Industry Co., Ltd. (hereinafter referred to as "Welfare Bed Industry Company"), stipulating that Hubei Branch would lend RMB 3.2 million to Welfare Bed Industry Company with a monthly interest rate of 12.078‰ and a term of 12 months. The company used the real estate owned by the industrial village committee (Yuefang Zi No. 267975E#, 267698A#, 223521G#) as collateral for the loan and mortgaged it to the Hubei Branch. On the same day, the industrial village committee issued a declaration of mortgage in kind. The above-mentioned contract and mortgage declaration were notarized by the Shenzhen Bao'an District Notary Office and the mortgage registration was handled by the Bao'an District Land and Resources Bureau. Subsequently, on January 10, 1995, Hubei Sub-branch transferred the loan of 3.2 million yuan to the account of Welfare Bed Industry Company. After the expiration of the contract, Welfare Bed paid only interest up to 20 March 1996. The outstanding principal amount of 3.2 million yuan and the interest and penalty interest from March 21, 1996 to the present have not been repaid. The industrial village committee also failed to fulfill its obligations as a guarantor.

Another investigation: On December 20, 1994, the industrial village committee issued a certificate, which stated: Comrade Zhang Jinxiu, the legal representative of our village, is responsible for the overall work of our village. Our village now has a total of three factories located in Bao'an District Industrial Park (real estate license number: 267697E, 267698A, 223521G, worth Wu Bailu Wan Yuan) as collateral, and Shenzhen Bao'an District Welfare Bed Industry Co., Ltd. will loan RMB 3.5 million from Shenzhen Hubei Financial Services Co., Ltd. Our village is willing to assume all economic and legal joint and several liabilities arising therefrom.

After the trial of the case, the Shenzhen Intermediate People's Court held that the mortgage loan contract signed by Hubei Sub-branch and Welfare Bed Company was legal and valid and protected by law. If the Welfare Bed Industry Company and the Industrial Village Committee fail to perform their obligations to repay the principal and interest, they shall each bear the corresponding liability for breach of contract. In accordance with the second paragraph of Article 89 of the General Principles of the Civil Law of the People's Republic of China and Article 130 of the Civil Procedure Law of the People's Republic of China, the court of first instance rendered the following judgment: (1) The outstanding loan principal of RMB 3.2 million and the interest and penalty interest owed by the Welfare Bed Industry Company to the Hubei Branch (the interest and penalty interest shall be calculated and paid from the date of arrears to the date of repayment according to the overdue loan interest rate stipulated by the People's Bank of China) shall be settled within 15 days from the date on which this judgment takes legal effect. If the deadline is overdue, the interest on the debt for the period of delay in performance will be doubled. (2) The industrial village committee still uses its three houses located in the industrial village of Bao'an District, Shenzhen as collateral. If the deadline is overdue, Hubei Sub-branch has the right to apply for auction and sale of the collateral, and the price of the auction and sale of the collateral shall be repaid in priority. The first-instance case acceptance fee of 29,800 yuan shall be borne by the welfare bed industry company.

Dissatisfied with the original judgment, the Industrial Village Committee appealed to this court, saying: 1. Whether the Hubei Sub-branch paid the loan of 3.2 million yuan involved in this case to the Welfare Bed Industry Company needs to be further verified. Although the Hubei Sub-branch submitted to the court an IOU stamped with the official seal of the Welfare Bed Industry Company and Chen Lianping's private seal, this IOU alone could not prove that the Hubei Sub-branch had actually paid the loan. 2. The mortgage relationship between our village committee and Hubei Branch was illegally established by Chen Lianping, so it has no legal effect, and our village committee does not assume any responsibility for this. According to: 1. The notarization of the Mortgage Loan Declaration and the registration of the real estate mortgage in this case were handled by Chen Lianping by forging the certificate of authorization of the legal person of the village. 2. The Mortgage Declaration in this case was a document altered or forged by Chen Lianping. 3. The notarization, registration and approval of Chen Lianping's mortgage loan procedures by the relevant departments and Hubei Sub-branch are all illegal. 3. The above facts show that Chen Lianping's conduct has constituted the crime of fraud, and this case should be handed over to the public security organs for handling in accordance with law. To sum up, the court of second instance is requested to reject the litigation claim of the Hubei Branch in accordance with the law and hand over the case to the public security organ for handling.

Hubei Sub-branch replied that the facts found in the first-instance judgment were clear and the law was correctly applied, and it should be upheld. 2. The industrial village committee held that the mortgage handled by Chen Lianping, the legal representative of the Welfare Bed Industry Company, beyond the authority of the agency, was invalid on the grounds that it had only received 1 million yuan from the welfare bed company after providing a mortgage loan for its own real estate to the welfare bed company. There is no factual or legal basis for this ground of appeal. 3. In its appeal, the Industrial Village Committee claimed that it did not know that the Welfare Bed Company had taken out a loan from our bank and that it had been "deceived all along". The facts are that, in addition to the notarized Mortgage Statement issued to our bank, the industrial village committee and its legal representative also issued a certificate to our bank on December 20, 1994, before the notarization was processed, confirming that: 1) Zhang Jinxiu was his legal representative, and 2) the real estate in the village with the real estate certificate numbers 267697E, 267698A, and 223521G was used as collateral, and the welfare bed company loaned 3.5 million yuan to our bank. And willing to bear all economic and legal joint and several liabilities arising therefrom. In summary, the court of second instance is requested to reject the appeal and uphold the original judgment in accordance with the law.

This court held that this case was a dispute over a mortgage loan contract. The Mortgage Contract signed between the Welfare Bed Industry Company and the Hubei Sub-branch shall be deemed valid because of its legal contents, complete formalities, and the expression of the true intentions of both parties. After the expiration of the contract, the Welfare Bed Company only paid the interest before March 20, 1996, and the principal of 3.2 million yuan and the interest from March 21, 1996 to the present have not been returned, which is obviously a breach of contract, and in addition to the responsibility of repaying the principal and interest of the loan, it should also bear the responsibility for overdue penalty interest in accordance with the provisions of the contract signed by the two parties. The Industrial Village Committee issued a "Mortgage Statement" to the Hubei Branch, voluntarily using all its real estate as collateral for the loan, and handled the registration of the real estate mortgage, so the mortgage relationship is valid and protected by law. When the Welfare Bed Industry Company fails to repay the principal and interest of the above-mentioned loan, the industrial village committee shall bear the mortgage guarantee liability in accordance with the law. Hubei Sub-branch has the priority right to be repaid for the above-mentioned collateral. The Industrial Village Committee's appeal that the Mortgage Declaration was altered or forged by Chen Lianping, and that the notarization, registration, and approval of Chen Lianping's mortgage procedures by the relevant departments and the Hubei Sub-branch were all illegal, and this court did not support them because of insufficient grounds. As for the question of whether Chen Lianping constituted fraud, it is not within the scope of the trial of this case, and this court will not deal with it. The appeal of the industrial village committee is unreasonable and should be dismissed. In summary, the original judgment found that the facts were clear and the substance was correctly handled, and should be upheld. In accordance with the provisions of Article 153, Paragraph 1 (1) of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:

The appeal was dismissed and the original judgment was affirmed.

The second-instance case acceptance fee of 29,800 yuan shall be borne by the industrial village committee.

This judgment is final.

Presiding Judge: Wang Zhenyu

Judge: Zhuang Guangliang

Acting Judge: Li Ping

Guangdong Provincial High People's Court (Indian)

20 May 1998

Clerk: Chen Zhankui

Later, Hao Wenting rushed to another court to participate in the trial of the loan dispute case of Shenzhen AIA Industrial Co., Ltd., and added some evidence. It is said that the parties participating in the litigation of economic lawsuits, because they involve the issue of self-proof, and they are afraid that the other party will find other physical evidence to refute as soon as possible, so generally not all evidence is provided to the court quickly, but what the court wants, it will provide. Unlike criminal cases, evidence must be fully prepared and provided to the public prosecution for prosecution in accordance with the law. Hao Wenting paid attention to whether the situation raised yesterday by Xia Xia would include the issue of seals and possibly two official seals. However, until the end of the trial, the other party did not raise any objections to the official seal and other issues, so the evidence of preventive preparation was not submitted to the court. (To be continued.) )