It is said that the loan owner Jiepeng Company introduced by Yang Oran, under the repeated urging of the summer, also found several places, including a three-star hotel in Huizhou, a farmer's house, and finally agreed by the Hubei Financial Services Society to be the three factories in Pinghu owned by local villager Wu Xingwang. Now that www.biquge.info the mortgage procedures have been completed, the mortgagor has demanded that 2.5 million yuan of the additional 5 million yuan loan be used by him.

One afternoon, Yang Mingwen and Wu Xingwang came to Xia's office with the mortgage contract that had been registered, and Xia beckoned them to sit down.

After everyone sat down, Yang Mingwen said to Xia: "After this new mortgage loan is done, I have made up the interest rate difference of 8 million yuan deposit, and if Mr. Wu wants to share 250 yuan, there is still a funding gap of 180,000 yuan in a hurry." Can Manager Xia help someone to the end, and help me temporarily? I am going through the loan procedures at China Merchants Bank, and I will repay you as soon as the loan is down. ”

At this time, Wu Xingwang also said: "To be honest, Manager Xia, I took the mortgage of the three factories in the village, and I also have to explain to everyone, and I can't even get back the 2.5 million yuan cash after the mortgage is out, so I can't pay it." Did you say yes?"

After listening to it in the summer, I thought to myself: It is also difficult for Yang Inscription in the past half year, in addition to the deposit spread of 5 million new loans, and giving Wu Xingwang 2.5 million yuan, there is basically nothing. This shows that he is working purely for the good looks of the procedures for this loan.

After thinking about it again and again, Xia called a friend, borrowed 180,000 yuan from him in his own name, and asked to send a check to Hubei Financial Services Agency immediately.

After a while, the check arrived. Xia asked Yang Mingwen to write a letter in the name of Shenzhen Jiepeng Company, "I borrowed 180,000 yuan from Manager Xia and returned it as soon as possible within two months." and an IOU stamped with the company's official seal.

Then, the two parties filled in the IOU for the additional 5 million yuan loan. In the summer, two kinds of IOUs were prepared for Zhuang Yu to choose from, one was to add the original loan for a total of 15 million yuan, and the other was to only have a new loan of 5 million yuan.

After writing the IOU, Xia took the contract and IOU to Zhuang Yu's office, and Qin Xianhong happened to be there. Xia said: "Mr. Zhuang, the replacement of the mortgage of Jiepeng Company has finally been completed, and it took more than half a year. ”

Zhuang Yu took the contract and watched.

At this time, Qin Xianhong glanced at the IOU and said in a tone rarely seen in ordinary times: "Do you want to increase the loan again, and you have to borrow new money to repay the old? ”

Xia said a little unhappily: "People took out three factories as collateral in order to improve the old loan procedures, and it is reasonable to increase the loan." ”

Zhuang Yu seemed to be affected by Qin Xianhong's words, and chose to sign the IOU of 5 million yuan.

Summer took the contract and IOU and walked out of Zhuang Yu's office, thinking to himself: "I want to do a little better and bundle the new and old loans into one contract." If you encounter someone like Qin Xianhong, won't it be untenable in the future?"

Unfortunately, this worry was said by the summer. Two years later, Jiepeng's loan was due to the fact that the IOU did not match the contract, and there was an additional lawsuit, which caused the efforts of the summer to be in vain.

This day is bad news for Hubei Financial Services Agency.

As soon as Zhuang Yu went to work, he first took the phone from his secretary Wang Hua, and a person who claimed to be He Jianguo said that Wang Jun, the general manager of Shenzhen Jinxiu Trading Company, was a liar and wanted Hubei Financial Services Society to attach great importance to it. Yunyun.

After Zhuang Yu answered the phone, he didn't dare to underestimate it, and immediately notified Qin Xianhong, Xia Xia and others to have a meeting.

Who is this He Jianguo? It turned out to be the partner who came to take out a loan with Wang Jun in the first place. Together with Wang Jun, he planned to build a hotel to entertain people with military backgrounds when they came to Shenzhen.

At the beginning of the meeting, Zhuang Yu introduced the content of the call, and then said to Xia: "You analyze what is going on. ”

Summer said: "What this man said is true or false, I dare not draw conclusions immediately." The splendid trading company borrowed 3 million yuan from us, and I don't dare to guarantee whether we can pay it off. What can be said about his situation: First, this company is a company registered in Shenzhen by the General Logistics Department of the People's Liberation Army, and this is not wrong. To put it mildly, if there is no way to repay this loan in the future, it may be regarded as supporting the construction of the army. Second, He Jianguo was the one who came to our financial services agency with Wang Jun to praise the company, and even Wang Jun didn't brag a word about it, while he blew the splendid company to the sky. Third, this splendid trading company has indeed deposited a large amount of deposits for some of our loan households, and you can see that the loans of Shenzhen Environmental Protection Electromechanical Franchise Company in Meilin Financial Services Society and ICBC are all made by his deposits. So, for a loan with us, he didn't even give us a cup of tea. I have the impression that it is more bullish. When I deal with lenders, I'm not afraid of other people's cattle, I'm afraid that they won't have the material. So I made a loan to his company. ”

Qin Xianhong said: "Why He Jianguo said this, it is worth analyzing. ”

……

In the afternoon, Li Jianhua, a judge of the mediation center of the Municipal Intermediate People's Court, came to Hubei Financial Services Co., Ltd. and sent a lawsuit filed by Bao'an Shiyan Trading Company against Shenzhen Ningfeng Industrial Development Co., Ltd., listing Hubei Financial Services Co., Ltd. as a third party in the legal documents. As soon as the lawsuit reached Zhuang Yu's hands, he quickly called Qin Xianhong and three credit managers to the office to study countermeasures.

Xia took the summons, the notice of response and the plaintiff's "Civil Complaint" from the court from Zhuang Yu, glanced at Xu Donghai and Bu Yuan, and felt that they had a little smug looks.

Summer said in her heart: "They want to see me look foreign! Ignore them and see what the complaint says." So, Summer took a serious look:

Civil Complaint

Plaintiff: Shenzhen Baoan Shiyan Trade Building Management Company

Address: Bao'an Shiyan Town Trade Building.

Legal representative: Xie Laiyun, general manager of the company.

Defendant: Shenzhen Ningfeng Industrial Development Co., Ltd

Address: Building 4, SEG Science and Technology Industrial Park, Futian, Shenzhen.

Legal representative: Zhong Ningfeng, chairman of the company.

Third person: Shenzhen Hubei Financial Services Society

Address: Hubei Road, Luohu, Shenzhen.

Legal representative: Zhuang Yu, general manager of the agency.

Claims:

1. Confirm that the "Agreement on Entrusted Loan Business" signed by the plaintiff and the defendant is invalid;

2. Revoke the real estate guarantee provided by the plaintiff for the defendant's loan, and the plaintiff withdraws the real estate certificate;

3. The litigation costs of this case shall be borne by the defendant.

Facts & Reasons:

In order to solve the liquidity difficulties of the plaintiff and the defendant, the plaintiff and the defendant signed the Agreement on Entrusted Loan Business on December 9, 1994, which stipulated that the defendant would be responsible for contacting the loan business and handling all loan procedures, the plaintiff would provide mortgage guarantee for the loan, and the defendant would borrow 6.6 million yuan from the bank. Of the 6.6 million yuan, 460,000 yuan was used by the plaintiff, and the remaining 200,000 yuan was used by the defendant. The interest on the loan is 27% per annum and is paid by the plaintiff to the defendant. The user shall be responsible for repaying the principal to the bank (see Exhibit 1 for details). On December 21, 1994, the defendant signed a Mortgage Contract with a third party on the basis of the plaintiff's real estate (the house ownership certificate number is Yue Fang Zheng Zi No. 19665930) as collateral, and loaned the third party RMB 5.4 million at a monthly interest rate of 1.2078%. In December '94, after the defendant obtained a loan from a third party, he refused to pay the plaintiff the amount due to the plaintiff. The defendant fraudulently obtained the plaintiff's trust and asked the plaintiff to guarantee the loan, but refused to perform as agreed in the Agreement, and the defendant concealed the truth and charged the plaintiff a high interest rate of more than one time of the loan interest, which seriously infringed the plaintiff's rights and interests.

According to the relevant provisions of Article 58 of the General Principles of the Civil Law, the act of one party by means of fraud and coercion or taking advantage of the danger of others to make the other party act contrary to its true intention is an invalid civil act, and it has no legal binding force from the beginning of the act, and the signing of the Agreement between the plaintiff and the defendant and the guarantee provided by the plaintiff for the defendant's loan are all due to the defendant's fraudulent means, which is done by the plaintiff against the true intention, so the "Agreement" signed by the plaintiff and the defendant The plaintiff requested the people's court to ascertain the facts and make a fair judgment in accordance with the law.

This is presented

Municipal Intermediate People's Court

Person: Shenzhen Baoan Shiyan Trade Building Management Company

20 February 1995

After reading the lawsuit, Xia said to Zhuang Yu: "They treat us as a third party, which is related to the real estate certificate, but the mortgagor is not the plaintiff, we can write a reply and withdraw the lawsuit." The problem is that when the court is held, it will shake out the matter of the interest rate difference of our financial services society a little bit. You see, why can't the loan be 4.6 million yuan for a loan of 5.4 million yuan, and the defendant has to talk about the cost, so won't the interest rate difference problem come out?"

Zhuang Yu said: "They are in the mediation center, and it is best to resolve it through mediation and not affect the reputation of our unit." It can also be called Shenzhen Ningfeng Company to change the mortgage. In addition, the defense letter will be written by Lao Xia and sent over at that time. I entrust you to handle it when you appear in court. ”

Summer promises.

On February 26, 1995, it was a Sunday, and Summer was busy writing legal documents at home. He re-read the complaint and some loan materials, and wrote:

Reply

Municipal Intermediate People's Court:

On February 20, 1995, Shenzhen Baoan Shiyan Trade Building Management Co., Ltd. v. Shenzhen Ningfeng Industrial Co., Ltd. was a dispute over an entrustment loan agreement, listing our company as a third party. Our reply is as follows:

On December 16, 1994, Shenzhen Ningfeng Industrial Co., Ltd. applied to our company for a working capital mortgage loan of 5.4 million yuan 19666140 19665930. And Shenzhen Baoan Shiyan Trading Company issued a legal representative certificate and a mortgage statement to our company. Our company sent a loan officer, Ou Zhongzhong, to the location of the property to investigate on the spot, and then reported it level by level. The company signed a loan contract with Shenzhen Ningfeng Industrial Development Co., Ltd. in December 1994, notarized the contract at the Shenzhen Bao'an Notary Office on December 23, 1994, and went through the mortgage registration procedures at the Bao'an Branch of the Shenzhen Planning and Land Bureau on December 31, 1994.

At that time, the borrower and the mortgagor claimed that due to the loss of the No. 19666140 real estate certificate of Yuefang Zhengyu, the re-application procedures could only be completed one month after the report was published, and the borrower and the mortgagor agreed to reissue it and immediately handed it over to our social security management. In this way, on January 11, 1995, the borrower and the mortgagor completed the business letter of the Bao'an Branch of the Municipal Planning and Land Bureau, proving that the above two real estate certificates were used as collateral for the loan of our company, and the mortgage right of our company was valid. On 19 January 1995, the Company borrowed $5.4 million from Shenzhen Ningfeng Industrial Development Co., Ltd.

It should be pointed out that before the notice of response was served, Shenzhen Baoan Shiyan Trade Building Management Company and Shenzhen Ningfeng Industrial Development Co., Ltd. signed the so-called "entrusted loan business agreement", and the company was not aware of it. The legal person of the mortgagee is Shenzhen Baoan Shiyan Trading Company, which is not the same legal person as the plaintiff. The relevant supporting documents and statements issued by the mortgagor and the mortgage contract signed between the company and Shenzhen Ningfeng Industrial Development Co., Ltd. comply with the provisions of the Economic Contract Law of the People's Republic of China, the Regulations on Loan Contracts and the Regulations on Mortgage Loans of the People's Republic of China, and therefore are true and valid, and should be protected by national laws. We strongly request that your court confirm the continued performance of the mortgage contract in accordance with the law in accordance with the principle of "facts as the basis and the law as the criterion", and instruct Shenzhen Baoan Shiyan Trading Company to apply for the real estate certificate of "Yuefang Zheng Zi No. 19666140" as soon as possible, and return it to our company as soon as possible, so as to effectively protect the rights and interests of the majority of depositors and the legitimate rights and interests of our society.

Respondent: Shenzhen Hubei Financial Services Co., Ltd

26 February 1995

After writing it in the summer, I thought about it in detail and thought that if Hubei Financial Services Society was regarded as a defendant, the case would not be established. In the notarization and registration link, the legal representative of Shiyan Trading Company issued a power of attorney to handle the mortgage registration, so it is still very good to see this case go on. There are only two links that the plaintiff can grasp: one is that the plaintiff connects the real estate certificate with the "entrusted loan contract", and the other is that the level of the loan cost will reveal the illegal operation of the financial service cooperative. Therefore, Hubei Financial Services Co., Ltd. also has worries.

A few days later, the summer handed over the certificate of legal representative, the power of attorney of the legal person and the reply to the mediation center of the Municipal Intermediate People's Court. The presiding judge, Li Jianhua, read the reply written by Xia Xia and felt that the issue was a bit complicated. However, it is precisely because of the complexity that it is more necessary to successfully mediate in order to resolve the problems of the three parties more easily. So, the court asked Xia for his attitude towards mediation, and Xia said: "As far as we are concerned, we don't know about the issue of entrusted loans, and we don't know that there is a management company of Shiyan Trading Building, and the notarization procedures for us to sign the mortgage contract are all signed by the real estate owner. But, no matter what, you can sit down and talk and see what the other person says. ”

Li Jianhua said: "Your basic attitude is very good, which forms the basis for the success of our mediation. It makes sense that this case can only say that you are a third person. You don't seem to be at fault, but why can the real estate certificate of the trading company be mortgaged to Ningfeng Company? This premise is that there is an "entrustment loan agreement", which is also the core of this case. If the Entrustment Loan Agreement is ruled invalid, then the other civil acts that follow will not be very tenable. ”

Xia said: "If it really comes to that point, I think that if the mediation is not successful, we will still have to fight the lawsuit." ”

Li Jianhua said: "The lawsuit can drag on for time, but you may not be able to afford it, and you may not have a chance of winning." When the loan is due, and you haven't won the lawsuit, it's a big problem for the bank. As such, it is not as effective as taking the initiative now to increase or replace the mortgage. ”

Summer's analysis of Li Jianhua is agreeable. However, in the first mediation later, because Shen Gongbao, the legal counsel of Shiyan Trading Company, relied on her sharp teeth and sharp teeth who had not experienced much worldly affairs, and her temper came up and went away in the summer, which made Li Jianhua spend more energy on the work of the three parties and prepare for the second mediation.