While busy planning the credit work layout for the new year in the summer, the sub-branch's loan repayment work according to law is also being carried out in an orderly manner. www.biquge.info In mid-January, the Provincial High Court held a second-instance trial of the loan case of the Knorr Hotel. For the sake of prudence, Summer still took out the company's appeal and deliberated it:

Civil Appeal Briefs

Appellant (defendant in the original trial): Knorr Hotel

Address: Pinghu Road, Pinghu Town, Longgang, Shenzhen

Legal representative: Ou Dalang

Position: Manager

The first appellee (plaintiff in the original trial): Hubei Branch of Citizen Bank

Address: Hubei Road, Luohu, Shenzhen

Person in charge: Wang Xianyao

Position: President

The second appellee (defendant in the original trial): Shenzhen Baoan Huanglong International Hotel

Address: Renmin Road, Longhua, Baoan, Shenzhen

Legal representative: Huang Zhonghui

Position: Manager

Request:

1. The People's Court is requested to revoke the (1996) Shen Zhong Fa Jing Chu Zi No. 1485 Civil Judgment of the Shenzhen Intermediate People's Court, and change the judgment that the second appellee bears the responsibility for repaying the relevant debts.

2. The people's court is requested to order the second appellee to bear the litigation costs of this case.

Facts & Reasons:

l. The court of first instance was unclear in its determination of the facts of this case.

The first-instance judgment concluded on the grounds that "the official seal stamped on the contract by the Carres Hotel was verified by the Municipal Public Security Bureau, and the identity certificate of the legal representative and the power of attorney were issued to the plaintiff at the time of signing the contract", so the reason for the appellant (referring to the appellant) to argue that he did not know about the loan was not established. ”

The appellant maintained that the appellant had no knowledge of the occurrence of the loan. The court of first instance affixed the appellant's seal and the appellant's legal representative's private seal ("Ou Dalang's seal") on the secured loan contract, loan application form, mortgage contract, loan IOU, account number, seal identification card and other documents. Not identified and confirmed. The appellant was unaware of the above seals and denied all kinds of civil acts and liabilities arising therefrom. Therefore, the court of first instance should determine the authenticity of all the above seals. However, the court of first instance only appraised the official seal affixed on the contract, and did not make a full and comprehensive determination of the facts of the case.

2. The first-instance judgment was unclear on the determination of liability for loan disputes.

A loan contract is an act of a formal contract. In particular, in the Shenzhen Special Economic Zone, in addition to signing the relevant contracts and documents issued by the Appellee in the first instance, it is also necessary to register the "Loan Certificate" held and used by the Appellant and uniformly issued by the Shenzhen Special Economic Zone Branch of the People's Bank of China, and the loan contract party is established. The instructions for the use of the certificate stipulate that "the possession and use of this loan certificate is a certificate for the purpose of applying for loans to various domestic financial institutions in the city. Without this certificate, all financial institutions in the city will not accept loans. "According to the relevant records of this certificate, the Appellee did not register a bank account on this loan certificate, nor did it have any record of the loan. Therefore, it is sufficient to prove that the Appellant was unaware of a series of acts such as opening an account with the First Appellee, obtaining a loan, and transferring the loan to the Second Appellee. The second appellee operated and created the loan incident on its own, and the responsibility for the loan in this case should be borne by the second appellee, and the appellant has nothing to do with it.

For this reason, an appeal is hereby filed with the people's court, and the ruling is requested in accordance with the law.

Sincerely

High People's Court of Canton Province

Appellant: Knorr Hotel

Legal representative: Ou Dalang

20 July 1997

Xia believes that in terms of the arguments put forward in this appeal, it is not worth refuting, but there was once a so-called "interrogation record" made by Li Jingwei, and I don't know if they dare to use it as evidence in court. However, in this way, the appellants are a bit illegal in obtaining evidence, and they are also at risk.

After some consideration, it was decided to arrange for Ren Erwei to cooperate with lawyer Hao Wenting to go to State G to participate in the provincial high court's evidence work.

The day after the trial in Gzhou, Hao Wenting came to the Hubei branch and introduced to Wang Xianyao and Xia: "According to the appraisal conclusion of the authoritative agency entrusted by the Provincial High Court, the private seal that Ou Dalang said was fake, and now the conclusion is: Ou Dalang's private seal is true, and it is still in the five materials submitted for inspection. There are two official seals, which are different from the appraisal conclusion of the Municipal Public Security Bureau. The Provincial High Court asked us to make up some more things. ”

Summer said: "This district is too cowhideous, and he uses black and white to fight with the bank. We must fight this lawsuit to the end. What the Provincial High Court wants, what we provide. The question of right and wrong in this lawsuit has been raised to the level of a matter of principle. ”

Wang Xianyao said: "Lao Xia, you can fill in the materials that Lawyer Hao wants. ”

Summer said, "Good. In addition, I will contact Huang Zhonghui again in the evening to see if the problem with the official seal is whether he did it. (To be continued.) )