239. The firm that "ate the plaintiff and ate the defendant".
Summer looking at a legal paperwork in the office. Pen @ fun @ pavilion wWw. ļ½ļ½ļ½Uļ½Eć ļ½ļ½ļ½ļ½
It is said that some days ago, Shenzhen Anyan Automobile City Co., Ltd. and Kishio Economic Development Company signed a mediation agreement with the Hubei Branch of the People's Bank of China in the Intermediate People's Court. However, when the Chinese People's Court made a legal document and sent it to the Kishio Economic Development Company, the company refused to sign it, proposing that there were some terms that everyone had to sit down and discuss. In view of the fact that Kishio Company is an enterprise that has been transformed from an administrative village, the court still handled the matter in a very humane manner and withdrew the previous proposal, and agreed to make an appointment to invite several parties to sit down again to revise the mediation agreement.
After a new round of mediation, Kishio Economic Development Company felt that it would not affect its economic interests, and finally signed the service letter from the court.
What he is reading now in the summer is the "Civil Mediation Letter" that he himself participated in mediation.
Official: Some small things have to be said in two sentences, the small has more than 200 legal documents on hand, citing one or twenty interspersed in this book, not because the small one thinks that the number of words in this book is not enough, and deliberately piles up some things to increase the length, but feels that it is the main line throughout the book. This may be a little reluctant for readers who like Li Qingzhao's poems and Qiong Yao's novels, especially the 28 girls who are in the beginning of love and the 38 students who have more experience, to read the legal documents carefully. But it doesn't matter, you just pick and choose what you like to watch. What I want to say is that between the lines of these legal documents, under a closer look, they also exude a strong fragrance of books with unique charm. For college students engaged in the study and research of law, economics and finance, and even professional workers engaged in practice, it is like going to a hotel to eat, and a chef of a certain level serves an aromatic and refreshing dish, which is indeed precious.
The small one has a small disadvantage, that is, it is not very restless to sleep. Of course, it's not that you secretly get up while sleeping to do bad things and affect social harmony, it's just a lot of dreams. On several occasions in my dreams, I was advised to remove these legal documents from the book. The younger one is a more humble person, who wakes up in the morning and quickly follows the hints in the dream to edit the proofs of the legal documents in the book. However, after the book was compiled, I looked left and right, and after the adaptation of this book, it was as if the chef was making a processed dish, a dish that forgot to put salt: the color and aroma are still reasonable, just put it in the mouth and taste it - the taste is the same as chewing wax. As a result, the small ones had to be laid out as they were.
Small thoughts: Looking at the hidden dragon and phoenix in the official, it is difficult to keep the master after the tea and dinner or when enjoying the moon, occasionally flip through this book. It's like someone who likes to eat lobster raw, and it feels delicious and delicious in the mouth -- no bullet, while someone likes stinky tofu, and when they smell it, there is already a little saliva on the corner of their mouth, and they say in their hearts: "Comfortable sun!"
Without further ado, let's get down to business. The camera shifts to Summer's office, and Summer reads softly:
Shenzhen Intermediate People's Court of Guangzhou Province
Civil mediation letter
(1997) Shen Zhong Fa Jing Zi 1558-1560 Combined No
Plaintiff: Hubei Branch of Citizens Bank. Residence: Hubei Road, Luohu District, Shenzhen.
Person in charge: Wang Xianyao, President.
Entrusted agent: Hao Wenting, legal counsel of Hubei Branch of Citizens Bank.
Defendant: Shenzhen Anyan Automobile City Co., Ltd. Residence: Anwei Village, Bao'an, Shenzhen.
Legal representative: Zhu Chier, general manager.
Entrusted agent: Xiao Ming, the company's legal counsel.
Defendant: Shenzhen Baoan Anwei Economic Development Company. Residence: Anwei Village, Bao'an, Shenzhen.
Legal representative: Lin Cunmu, general manager.
Entrusted agent: Li Hua, a cadre of the company, director of the village committee of Anwei Village.
Entrusted agent: Liu Linlin, the former general manager of the company.
In the above three cases in which the plaintiffs sued the defendants, Shenzhen Anyan Automobile City Co., Ltd. (hereinafter referred to as Anyan Company) and Shenzhen Baoan Anwei Economic Development Company (hereinafter referred to as Anwei Company), a collegial panel was formed in accordance with the law to conduct a joint trial of the cases after accepting the case. The trial has now been concluded.
This court ascertained that the plaintiff and the defendant had signed four mortgage loan contracts on April 4, April 12, and April 27, 1994, all of which stipulated that the plaintiff was the lender and the mortgagee, that Anyan Company was the borrower, and that Kishio Company was the mortgagor, and that the loan amounts were RMB 9 million, RMB 7 million, RMB 9 million, and RMB 12 million, and that the monthly interest rate was 12.078ā°, and the term was 10 months. Dormitories and office buildings, (the real estate certificate number is subject to the mortgage registration of the Shenzhen Land Bureau). After the mortgage contract was signed, the plaintiff and the defendant had already registered the mortgage. The plaintiff had remitted the loan to Anyan for use. After the expiration of the loan term, Anyan Company failed to repay the principal of the loan to the plaintiff, and only partially repaid the interest after the plaintiff's collection, so the plaintiff filed a lawsuit with this court, requesting that the defendant be ordered to repay the principal and interest of the loan and bear the litigation costs.
The court held that the mortgage contract signed by the plaintiff and the defendant was established in accordance with the law, and that Anyan Company should repay the principal and interest of the plaintiff's loan and bear the responsibility of paying the overdue interest, and Kishio Company should bear the repayment liability within the scope of its collateral.
During the trial of this case, the parties voluntarily reached the following agreement after mediation presided over by this court:
1. The principal amount of the loan owed by Anyan Company to the plaintiff totaling RMB 37 million, as well as the interest and overdue interest, should be repaid in full.
The interest and overdue interest of each principal shall be calculated at a monthly rate of 12.078ā° during the contract period, and the overdue interest shall be implemented in accordance with the regulations of the People's Bank of China, from the date of overdue of each principal to the date of settlement.
In the above-mentioned amounts, Anyan Company repaid the outstanding interest of RMB 10 million before October 31, 1997, settled all the outstanding interest before December 31, 1997, and repaid the principal of RMB 5 million per month from January 20, 1998, and the balance was repaid before June 20, 1998.
If the debt is overdue, the interest on the debt during the period of delayed performance shall be doubled in accordance with the provisions of the Civil Procedure Law.
2. If Anyan Company fails to perform its debts due, the plaintiff has the right to sell the mortgaged real estate of Kishio Company in accordance with the law, and the proceeds shall be repaid in priority. After the plaintiff realizes the mortgage, Kishio has the right to recover from Anyan.
3. The case acceptance fee of RMB 3,311,000 shall be borne by Anyan Company (the plaintiff has paid in advance and will not be refunded, and Anyan Company shall pay the plaintiff in full before October 31, 1997).
This mediation agreement shall have legal effect after being signed and received by both parties.
Judge: Lin Liangjun
Shenzhen Intermediate People's Court of Guangzhou Province (India)
15 October 1997
Clerk: Wang Weiguo
The above-mentioned legal document only states that 37 million yuan of the principal amount of 46.5 million yuan reflected in the accounts of Anyan Automobile City Company, and the remaining 9.5 million yuan is covered by another legal document mediated in advance, the full text of which is as follows:
Shenzhen Intermediate People's Court of Guangzhou Province
Civil mediation letter
(1997) Shen Zhong Fa Jing Chu Zi No. 1269
Plaintiff: Hubei Branch of Citizens Bank. Residence: Hubei Road, Luohu, Shenzhen.
Person in charge: Wang Xianyao, President.
Entrusted agent: Hao Wenting, legal counsel of Hubei Branch of Citizens Bank.
Defendant: Shenzhen Anyan Automobile City Co., Ltd. Residence: Anwei Village, Bao'an, Shenzhen.
Legal representative: Zhu Chier, general manager.
Entrusted agent: Xiao Ming, the company's legal counsel.
Entrusted agent: Sun Yong, the company's business manager.
Defendant: Shenzhen Baoan Anwei Economic Development Company. Residence: Anwei Village, Bao'an, Shenzhen.
Legal representative: Lin Cunmu, general manager.
Entrusted agent: Li Hua, a cadre of the company, director of the village committee of Anwei Village.
Entrusted agent: Liu Linlin, the former general manager of the company.
In the case of the above-mentioned parties due to a mortgage contract dispute, this court has heard the case in accordance with the law, and the trial has now been completed.
The court ascertained that on April 6, 1994, the plaintiff and the first defendant signed a mortgage contract, which stipulated that the loan amount was RMB 9.5 million. The monthly interest rate is 12.078ā°, and the term is from April 6, 1994 to February 7, 1995, for a total of 10 months, which is used for liquidity. The loan was made by the 2nd defendant who voluntarily pledged 10 industrial plants and dormitories in Anwei Village, Bao'an District, with an area of 12,355 square meters and a value of RMB13 million. On August 24, 1997, the 1st Defendant filed a lawsuit with this court, requesting the court to order the 1st Defendant to immediately repay the loan principal of RMB 950, interest and penalty interest of RMB 4.26 million, auction the collateral, and bear the litigation costs.
This court held that the first defendant's failure to repay the principal and interest of the loan as agreed was a breach of contract, and after this court convened mediation between the plaintiff and the defendant, in accordance with the provisions of Article 85 of the Civil Procedure Law of the People's Republic of China, and in accordance with the principle of fairness and voluntariness, voluntarily reached an agreement as follows:
1. The 1st Defendant still owes the plaintiff the principal amount of the loan of RMB 9.5 million, as well as interest and penalty interest (the interest and penalty interest for breach of contract during the contract period shall be calculated as agreed, and the overdue interest shall be calculated according to the statutory interest rate of the People's Bank of China, calculated from the date of the loan to the date of completion of the return), which shall be repaid in full.
The outstanding principal and interest were fully repaid by 1 October 1997.
2. The second defendant shall be jointly and severally liable for the repayment of the above-mentioned sums within the scope of the value of the collateral.
3. The litigation fee of RMB 78,800 in this case shall be borne by the first defendant (the plaintiff has paid it in advance and will not be refunded, and the first defendant shall pay it to the plaintiff 7 days after the effective date of this mediation agreement).
The above-mentioned agreement is in accordance with the relevant laws and regulations, and this court confirms it. This mediation statement shall have legal effect after being signed by all parties.
Judge: Li Wenguang
Shenzhen Intermediate People's Court of Guangzhou Province (India)
25 August 1997
Clerk: Shen Weixing
Time flies, from the last time in the court to mediate the loan case of 46.5 million yuan principal of Anyan Automobile City Company, more than a month has passed in a blink of an eye, after many efforts, basically do the work of all parties, especially the work of Zhou Kaige, the legal representative of Shenzhen Jinkaige Development Co., Ltd., who guarantees a loan of 59 million yuan, today everyone gathered in the Shenzhen Intermediate People's Court to prepare to mediate the loan dispute case of 75 million yuan of principal hanging on the account of the company on the shore.
In terms of the Hubei Branch of the Citizens Bank, in addition to the lawyer Hao Wenting, Xia and Ren Erwei also participated in the mediation. By the time they arrived at the court in the summer, the participants from the three accused had already arrived. Summer greeted them very politely, and they also shook hands with Summer.
In the summer, he didn't find Zhou Kaige in court, so he asked Hao Wenting: "Who represents Shenzhen Jinkaige Company?"
Xia whispered: "Our firm sent a colleague Wang Fei to represent him in court, and this one is." ā
Then, she said to the colleague, "This is Manager Xia of Hubei Bank." ā
As the two said to each other, "Hello." "Even if you know each other.
Guanguan: The entrusted agent of Shenzhen Jinkaige Development Co., Ltd. is also a lawyer of Guotai Law Firm, which is a bit intriguing. This young man named Wang Fei is the younger brother of Hao Wenting, the plaintiff's lawyer. When such a combination appears in court, it is inevitable that some people will say: "Guotai Law Firm eats the plaintiff and eats the defendant." "However, in economically and economically developed places, few people pay attention to these, and it is important for everyone to live. People believe that "the need is the truth, and the customer is God." "Since both the plaintiff and the defendant need a lawyer, why can't they be sent by the same law firm?
If you think about it, you should read this book slowly. (To be continued.) )