Confidential officer Han Xiaoniu came to Summer's office with the folder and said to Summer: "Manager, the head office has new documents." Pen %Fun %Pavilion www.biquge.info "After saying that, he put the folder on the summer executive desk.

Summer asked, "Are you in a hurry?"

Han Xiaoniu sold a pass and said, "You will know it when you see it." ”

In the summer, he picked up the folder and looked at the file. This is the head office's reply to the request written by the summer, the document cloud:

Approval for reduction and exemption of excess standard interest

Hubei Branch:

Your bank has received the "Instructions on Reducing and Reducing the Penalty Interest on Overdue Loans of Shenzhen Shiyan Merchants Industrial Company". After the study of the "Three Clearances" working group of the head office, the reply is as follows:

1. Agree to reduce the loan interest of RMB 380,000, and please recover all the principal and interest of the sluggish loan;

2. The accounting treatment of interest reduction and exemption is as follows......

It is hereby approved

Asset Loss Prevention Department of Minmin Bank of China (Print)

1 June 1998

After reading this in the summer, he sandwiched it in the folder reported this year, and prepared to notify Shiyan Investment Promotion Company to come and go through the formalities. Seeing that there was still time, he looked at the request he had written in response to this reply:

Citizens Bank Hubei Branch Documents

Shen Shi Yinhu Zi (1998) No. 021

Instructions on the reduction and exemption of penalty interest on overdue loans of Shenzhen Shiyan Merchants Industrial Company

Head Office:

On December 17, 1994, Shenzhen Shiyan Merchants Industrial Company mortgaged the company's own property (Yuefang Zi No. 0663230 property) and borrowed 2.6 million yuan from our bank, which expired on June 20, 1995. Due to the failure to repay the principal and interest, our bank filed a lawsuit in early 1997, and the Shenzhen Intermediate People's Court ruled in the (1997) Shen Zhong Fa Jing Chu Zi No. 568 Civil Judgment, which is now in the stage of auctioning collateral (the net value of the real estate appraised is 4.88 million yuan).

Recently, the town government and the person in charge of the company negotiated with our bank respectively to request a reduction or exemption of the overdue penalty interest on the loan, and on this premise, consider repaying the principal and interest of our bank in one go. As of April 20, 1998, the company owed our bank 1.3 million yuan in interest, of which 380,000 yuan was overdue penalty interest (the difference between the contract interest rate and the overdue interest rate).

Our bank considered that the company was actually a similar business type company that Shiyan relied on at that time to build bridges and pave roads, develop and transfer land, and attract investment. At present, it still owes more than 100 million yuan in loans to various banks, and the company's annual income is not enough for interest expenses, and it is difficult and difficult to realize the auction of the property. To this end, the head office was requested to approve the reduction or exemption of the penalty interest on the company's overdue loan of 380,000 yuan, and strive to achieve non-auction collection.

If not, please approve.

Attachment: A copy of the civil judgment

Citizens Bank Hubei Branch (India)

26 May 1998

After reading the documents in the summer, he said to himself: "It seems that if you want to clear this loan account, it is already safe to repay the principal and interest of 4 million yuan." ”

In the Hubei branch, Xu Donghai, one of the credit managers of the original Hubei Financial Services Agency, lamented that the loan case of Anyan Automobile City Co., Ltd. was listed as a fraud case by the political and legal departments, and at the same time, Xia, as another credit manager of the Hubei Financial Services Society, was not at ease. This is not only because Chen Lianping, the legal representative of Shenzhen Bao'an Welfare Bed Industry Co., Ltd., who handled the loan in the summer, was also listed as a suspect in the fraud case by the Public Security Bureau, but also because the loans of the Carrup Hotel and Shenzhen Youbang Industrial Co., Ltd., which were handled by the Second Credit Department of the summer at the beginning, were still in the second instance of the Provincial High Court.

It is said that Shenzhen Youbang Industrial Co., Ltd., which cooperated with Shenzhen 38 Co., Ltd. to build the 38 Building, is currently in good business condition, because it was stained with a debt of 5.4 million yuan from Shenzhen 38 Co., Ltd., and once said to Xia with confidence: "If you take out a loan, you will be a loan, and you will be able to repay it when the time comes!" However, now there are problems in the construction and financing of the 38 Building, and even the money that their company has invested itself has not sounded, and Shenzhen 38 Co., Ltd. wants to rely on debts and hides from anyone. At this time, AIA also wanted to simply push 625 and push it all to the head of Shenzhen 38 Co., Ltd. At the time of the Shenzhen Intermediate People's Court, they had already expressed this statement, but the judge did not accept it, and ruled that AIA should repay 5.4 million yuan in full, as well as interest and penalty interest, and Shenzhen 38 Joint Stock Company should bear joint and several liability.

After the first-instance verdict came down, Wei Jianliang, the CEO of AIA, frowned, and thought that he should push the company's crimes in order to get rid of his company's responsibility. So, he entrusted a female lawyer named Shen Gongbao, whom he had just met through a recommendation in the first instance, to write an appeal petition and submit it to the Intermediate People's Court and then to the Provincial High Court.

Shen Gongbao not only used to be sharp and sharp in court, but even the style of writing legal documents was aggressive, if you want to think a little about her shortcomings, it is that the foundation is not true, and it is difficult to come up with convincing evidence. Here's what she wrote:

Civil Appeal Briefs

Appellant: Shenzhen AIA Industrial Co., Ltd. (defendant of first instance).

Residence: 4th Floor, Jiamei Building, Zhenxing Road, Futian, Shenzhen.

Legal representative: Wei Jianliang, position: chairman

Entrusted agent: Shen Gongbao, the company's legal counsel.

Appellee: Hubei Branch of Minmin Bank (plaintiff of first instance).

Residence: Hubei Road, Luohu, Shenzhen.

Person in charge: Wang Xianyao, position: president.

The appellant is dissatisfied with the civil judgment of the Municipal Intermediate People's Court (1997) Shen Zhong Fa Jing Chu Zi No. 1489 in the case of Citizen Bank Hubei Branch v. Appellant and Shenzhen 38 Co., Ltd. (hereinafter referred to as "38 Company") over a loan contract dispute, and hereby files an appeal.

Appeal request: Request the higher court to ascertain the facts and revoke the original judgment in order to protect the legitimate rights and interests of the appellant.

Grounds of Appeal:

1. The original judgment was negligent in the key facts of the case and therefore failed to make a correct determination.

On page 3 of the original judgment, it was found that: "The secured loan contract signed by the plaintiff and the defendant ... Authentic and effective. It also determined: "The loan relationship between the defendant AIA Company and 38 Company has nothing to do with this case and can be handled in a separate case." None of the above determinations reflect objective facts. The facts are as follows: On September 12, 1994, the Appellant and the Appellee signed a mortgage guarantee loan contract, and all formalities were handled by the actual user, that is, Shenzhen 38 Co., Ltd., the guarantor of the contract. On 15 September 1994, 38 Company issued an IOU to the Appellant stating that it was responsible for the use of the money and that it was responsible for all liabilities, and that the loan was remitted to the Appellant's account in two installments on 17 September and 13 October 1994, and was immediately at the disposal of 38 Company. On May 15, 1995, 38 Company sent a letter to the Appellee stating: "Due to the restrictions of your company's loan regulations, after negotiation between our company and Shenzhen AIA Industrial Co., Ltd., Shenzhen AIA Industrial Co., Ltd. will lend a loan of 10,000 yuan to your company, and our company shall bear the principal and interest of the loan. On December 5, 1995, 38 Company sent another letter to the plaintiff stating that "our company shall bear the principal and interest of the bank for this loan. Later, it was ascertained that 38 Company used the land of Nanshanwo No. N101234X of Nanshan Wuda Co., Ltd. as a mortgage to obtain the mortgage guarantee qualification, and listed the loan collateral of the Appellee (formerly Shenzhen Hubei Financial Services Society) as Nanshanwo Real Estate Certificate: No. N101234X in the loan formalities inventory registration form. The owner of the collateral is 38 Company. For the above-mentioned mortgage procedures, the seal of Wuda Company and the signature of the legal representative are forged (the original appraisal certificate is now stored in the Economic Division of the Municipal Intermediate People's Court). Therefore, the secured loan contract between the Appellant and the Appellee cannot be said to be true and valid, and it cannot be considered that the loan relationship between the Appellant and 38 Company has nothing to do with the loan relationship between the Appellant and the Appellee. The case was clearly a cartel fraud rather than an ordinary loan contract dispute. Because, 1. From the certificate dated May 15, 1995, it can be seen that the Appellee in this case should have known about the borrowing of the loan and conspired to engage in relevant legal circumvention actions. 2. 38 Company succeeded in forging the relevant loan mortgage procedures in one fell swoop, and the appellee in this case did not verify and verify it, which violated the bank's work rules. 3. The above forgery procedures can be notarized, but the notary can not be held liable. 4. After the loan of 5.4 million yuan expired, the appellee in this case never contacted the appellant, and it was not until June and July 96 that Chen Shanwei, the legal representative of the 38 Company, absconded, and the appellee in this case obviously wanted to avoid something in order to cover up the ulterior insider. 5. After May and June 95, the interest on the loan was not paid, but the appellee in this case did not take measures to recover it, which violated common sense.

From the above reasons, it can be seen that the case is indeed a collusion to defraud.

2. The original judgment ordered the appellant to bear responsibility, setting a bad precedent and sparing the real criminal company elements.

As mentioned above, this case is a conspiracy to defraud by the Appellee and the relevant personnel of 38 Company, and if it is only treated as an economic dispute, the Appellee in this case can pass on the losses and cover up the real criminal activities of the relevant personnel, and the relevant personnel of the notary public can also escape the crime of dereliction of duty. At the same time, the actual user of this case, 38 Company, can also escape criminal responsibility. It has a great negative effect on illegal and criminal activities in the financial system and economic field.

In summary, the original judgment was negligent in the key facts of the case and failed to correctly determine the nature of the case, so it was impossible to produce a correct result, and in accordance with the provisions of Article 147 of the Civil Procedure Law, an appeal was hereby filed with the higher people's court, and the higher court was requested to ascertain the facts and support the appellant's appeal request in order to protect the appellant's legitimate rights and interests. Maintain the normal socialist legal order.

This is presented

High People's Court of Canton Province

Appellant: Shenzhen AIA Industrial Co., Ltd. (India)

10 January 1998

Judging from the wording of this article alone, it is indeed aggressive, and the things discussed in the article always give people a sense of plausibility. If the matter had been handled jointly by the president and section chief who had personally participated in the loan in those years, and had known what was going on at that time, then there would have been no harm to the person concerned; if the new president of the bank had not known what had come to fruition, and his own moral character was not bad, he would have a somewhat negative view of the person concerned, but he would still be okay; if the leader wanted to make it bad and wanted to engage in interpersonal struggle against the person in charge, then this kind of article would be the best shell. One can imagine how much pressure Zhuang Yu, the boss who approved the loan, has left, and he has to bear in the whirlpool. It is no wonder that Wang Xianyao raised his face at the "two clearances" meeting of the branch at the beginning of the year to make an appointment to meet Wei Jianliang. In the summer, the situation was like that of the green pine on a snowy day in the cold winter, and the heavy snow weighed down the green pine as if it were overwhelmed. And summer is summer, although he feels that he is in a difficult situation, he still does not give up, and is still moving forward with difficulty.

Later, Xia received and read a copy of this appeal, and from time to time the company's entrusted agent Shen Gongbao negotiated over the return of the collateral of Shenzhen Ningfeng Industrial Co., Ltd., and later, this chick became the mortgagor in the lawsuit of Shenzhen 38 Gufeng Co., Ltd. - Nanshan Wuda Company's entrusted agent.

Xia thought to herself: "This little girl, this time I wrote such a specious article to the Provincial High Court, trying to form a preconceived impression of the judge. It seems that it is not enough to ignore it. ”

Will Shenzhen AIA Industrial Co., Ltd., after writing such a sensational appeal, be able to exempt itself from the responsibility of repaying the principal and interest of the loan as it wishes, and whether it will still be able to stand at the forefront of the tide in the summer? (To be continued.) )