In the summer, he received Chen Shanshi and Xu Haitao from the Asset Loss Prevention Department of the head office in the office. Pen "Fun" Pavilion www.biquge.info

Since the last personnel recruitment meeting of the head office, Luo Yingying has become the vice president of the Shuibei sub-branch, Hao Jianguang has become the deputy general manager of the credit department of the head office, and Wan Zhongyi has become the vice president of the Zhenxing sub-branch, that is, the vice president of Zhu Renkang's sub-branch. This Chen Shanshi has become the pillar of the loss prevention department, but because there is no promotion, he has been in a mood recently, feeling that there is no Bole in a citizen bank, and he can't see that he is a thousand-mile horse.

There is no personal friendship with Chen Shanshi in the summer, and some are just working relationships. Moreover, judging from the work experience, summer is obviously much richer than Chen Shanshi. Chen Shanshi used to work as a credit manager in the trade union financial services agency for a period of time, but when the Citizens Bank took over, the new president did not appreciate Chen Shanshi, so Chen Shanshi did his best to work hard and was transferred to the head office as a general cadre. Now, a group of officials raised by the Loss Prevention Department are gone, and the rest of him is a pillar.

He and Xu Haitao looked at the collection account of the Hubei branch and made some suggestions while watching. When he saw the legal documents of Shenzhen 38 Co., Ltd., Chen Shanshi said: "The mortgage seal of this company is not true, and it is better to prosecute it for fraud." ”

Xia said: "At the beginning, we repeatedly asked the legal department, and even the judgment stated that it was two legal relationships. The official seal of the mortgagee was not identical, but the mortgage contract was only notarized after the loan was issued, and the mortgage registration was not completed, so it was not necessarily related to the original loan. The loan contract was established, but the mortgage relationship was not established, and the opinion of the Legal Department still required an application for enforcement of the judgment. ”

Chen Shanshi didn't say anything more after hearing this.

At this time, Hao Wenting, the legal counsel of the branch, called Xia, and Hao Wenting said: "Manager Xia, I went to the Intermediate Court today, and the judge told me that the first-instance judgment of Bao'an Welfare Bed Industry Co., Ltd. is that the mortgagee Industrial Village is ready to appeal. They told the court that it was Chen Lianping who deceived the industrial village and demanded that Chen Lianping be arrested and imprisoned. However, I heard that the Hubei branch is still a small head, and the Meilin branch of your system is said to be 15 million yuan, and the Zhongxing branch seems to have borrowed 5 million yuan. It seems that the loans of your citizen banking system at that time were good loans. ”

Xia said a little helplessly: "It seems that it is another case involving a system of the Citizen Bank? With that, he put down the phone.

Chen Shanshi asked curiously, "Which company?"

Xia said: "It is a company called Welfare Bed Industry in Bao'an, Vice President Feng Laodao once called me and asked if it was the one mortgaged by the Baishi factory in Fuyong, and we are a factory mortgage in the industrial village." The mortgagor appeals. ”

Chen Shanshi said with deep emotion: "First, the loan is stained with the military industry, and second, it is stained with local enterprises, land, and houses. ”

……

After sending Chen Shanshi and his entourage away, Wang Yang was called in the summer, and he took out the loan file of Shenzhen Baoan Welfare Bed Industry Co., Ltd. and scrutinized it in detail.

The first thing that catches your eye is the certificate of the Bao'an Industrial Villager Committee:

Shenzhen Baoan Industrial Villagers Committee

Proof

Comrade Zhang Jinxiu, the legal representative of our village, is responsible for the overall work of our village.

Our village is now located in Bao'an Industrial Park, a total of three No. 1, No. 2 and No. 3 factories (real estate license number: 267697E, 267698A, 223521G, worth Wu Bailu Shi Wan Yuan) as collateral, and Shenzhen Bao'an Welfare Bed Industry Co., Ltd. will loan RMB 300,000 yuan from Shenzhen Hubei Financial Service Co., Ltd. Our village is willing to assume all economic and legal joint and several liabilities arising therefrom.

Bao'an Industrial Villagers Committee (signed)

Shenzhen Bao'an ×× Town Industrial Villagers Committee (India)

20 December 1994

Summer looked at the credit file, and this proof in black and white could not have been more clearly expressed the wishes of the village. Moreover, during the investigation, Ou Zhongzhong and Liu Aihua went to the industrial village to personally question Zhang Jinxiu and confirmed the authenticity of this certificate. Judging from the loan procedures, I felt that there was nothing wrong with it, so I put the file in a drawer. Wait for Hao Wenting to come to discuss the matter of responding to the lawsuit in the future.

Then, Xia was looking at the first-instance verdict of the Shenzhen Intermediate People's Court:

Shenzhen Intermediate People's Court of Guangzhou Province

Civil Judgments

(1997) Shen Zhong Fa Jing Chu Zi No. 1170

Plaintiff: Hubei Branch of Citizens Bank. Address: Hubei Road, Luohu District, Shenzhen.

Person in charge: Wang Xianyao, President.

Entrusted agent: Hao Wenting, legal counsel of the bank.

Defendant: Shenzhen Bao'an Welfare Bed Industry Co., Ltd.

Legal representative: Chen Lianping, general manager.

Defendant: Shenzhen Bao'an Industrial Villagers Committee.

Legal representative: Zhang Jinxiu, director of the village committee.

In the above-mentioned cases of a dispute over a loan contract between the plaintiff and the defendant, after this court accepted it, it formed a collegial panel in accordance with law and conducted a trial in open court. The plaintiff entrusted an agent to attend the court to participate in the lawsuit, and the defendants Shenzhen Bao'an Welfare Bed Industry Co., Ltd. (hereinafter referred to as the "Welfare Bed Industry Company") and Shenzhen Bao'an Industrial Villagers Committee (hereinafter referred to as the "Industrial Village Committee") were lawfully summoned by this court and did not appear in court to respond to the lawsuit. The case is now closed.

The plaintiff alleged that on December 27, 1994, the Bank and the defendant Welfare Bed Industry Company signed a Mortgage Loan Contract, stipulating that the Bank would lend the Company RMB 3.2 million at a monthly interest rate of 12.078‰ for a term of 12 months, and that the Industrial Village Committee would guarantee the loan with all the properties Nos. 267697E, 267698A and 223521G owned by the Industrial Village Committee. and issued a "Mortgage Declaration". After the contract was signed, the plaintiff transferred the loan to the account of Welfare Bed Company on 10 January 1995. However, as of November 30, 1996, the company owed the plaintiff RMB 3.2 million in loan principal and RMB 710,000 in interest and penalty interest. The court was requested to order: 1. The Welfare Bed Industry Company should immediately repay the loan principal of 3.2 million yuan, as well as interest and penalty interest; 2. The Industrial Village Committee shall bear joint and several liability for repayment, otherwise the loan collateral shall be auctioned and sold; 3. The two defendants shall bear all the litigation costs.

The defendants did not reply.

This court ascertained that on December 27, 1994, the plaintiff signed a mortgage contract with the Welfare Bed Industry Company, stipulating that the plaintiff would issue a loan of RMB 3.2 million to the Welfare Bed Industry Company with a monthly interest rate of 12.078‰ for the period from January 5, 1995 to January 5, 1996, and for the purpose of working capital. The Defendant Industrial Village Committee secured the loan with three houses (Yue Fang Di Zi Nos. 267697E, 267698A and 223521G) located in the Industrial Village of Bao'an District, Shenzhen. and has been registered as a mortgage. After the contract was signed, the plaintiff transferred the money to the account of the company as agreed, and upon the expiration of the contract, the company only paid the interest before March 20, 1996. The outstanding principal amount of RMB 3.2 million 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 guarantee obligations.

This court held that the mortgage loan contract signed by the plaintiff and the defendant was legal and valid and protected by law, and that the two defendants should each bear the corresponding liability for breach of contract if they failed to perform their obligations to repay the principal and interest. In accordance with the provisions of Article 6 and Article 40, Paragraph 2 of the Economic Contract Law of the People's Republic of China, Article 89, Paragraph 2 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 judgment is as follows:

1. The defendant Shenzhen Bao'an Welfare Bed Industry Co., Ltd. still owes the plaintiff the principal amount of the loan of RMB 3.2 million, as well as interest and penalty interest (the interest and penalty interest shall be calculated and paid according to the overdue loan interest rate stipulated by the People's Bank of China from the date of arrears to the date of repayment) shall be settled within 15 days from the date of legal effect of this judgment. If the deadline is overdue, the interest on the debt for the period of delay in performance will be doubled.

2. The defendant Shenzhen Bao'an Industrial Village Committee still used its three houses in Shenzhen Bao'an Industrial Village (Yue Fang Di Zi No. 267697E, 267698A, and 223521G) as collateral. The plaintiff has the right to apply for auction and sale of the collateral after the deadline, and shall be compensated in priority with the price of the auction or sale of the collateral.

3. The case acceptance fee of RMB 29,800 shall be borne by the defendant Welfare Bed Industry Company (the acceptance fee has been paid in advance by the plaintiff and will not be refunded, and the defendant shall pay the plaintiff within 15 days from the date of the legal effect of this judgment).

If you are not satisfied with this judgment, you may submit an appeal petition in triplicate to this court within 15 days from the date of service of the judgment, and appeal to the Guangdong Provincial High People's Court.

Presiding Judge: Wu Huowang

Judge: Li Wenguang

Judge: Zhou Xiaojun

Shenzhen Intermediate People's Court of Guangzhou Province (India)

November 3, 1997

Clerk: Kwan Kwong Yep

Whether from a legal point of view or from a factual point of view, this judgment has weight and can withstand scrutiny. However, because the second defendant in this case, that is, the mortgagor, involved a village in Bao'an, Shenzhen, the mortgage was the property of the villagers. This has led to a series of cases that have taken place in depth, from the capital Beijing to the countryside; from the perspective of the time span, it has gone back and forth over and over for three years; the people involved have ranged from the ministers to the ordinary people; and the various cases involved have ranged from the provincial and municipal people's congresses, party congresses, political and legal organs, and even people in the underworld to the people involved in the underworld.

The first step for the industrial village now is to appeal to the Provincial High Court against the first-instance judgment in accordance with legal procedures. In its appeal to the Provincial High Court, it stated that: 1. Whether the Hubei Sub-branch paid the full amount of the loan 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, the IOU alone could not prove that the Hubei Sub-branch had actually paid the loan. 2. The mortgage relationship between the Industrial Village Committee and the Hubei Branch was illegally established by Chen Lianping, so it has no legal effect, and the Industrial Village Committee does not assume any responsibility for this. There are three reasons for this: First, the notarization of the "Mortgage Statement" and the registration of the real estate mortgage in this case were handled by Chen Lianping by forging the power of attorney of the legal person of the village. Second, the Mortgage Loan Declaration in this case was a document altered and forged by Chen Lianping. Third, the notarization, registration, and approval of Chen Lianping's mortgage loan procedures by the relevant departments and the Hubei sub-branch were 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. Yunyun.

Guanguan, when you see the above-mentioned language of the complaint, you may be able to appreciate the style of writing during the "cultural ***" movement in China in the sixties and seventies of the twentieth century. Think about it, if things are really as the book says, how many innocents will be affected.

According to investigation, among the parties involved in the loan to Shenzhen Bao'an Welfare Bed Industry Co., Ltd. in the three branches of the Citizens Bank, some of the managers were imprisoned, and some of the managers were evaded, but the three managers under the leadership of the summer stood proudly at the head of the tide and continued to tell their stories. Especially in the summer, in the three years of this repeated lawsuit from the central government to the common people, the classic legend of turning the tide has been interpreted.

However, don't look at the people of Bao'an Industrial Village who are angry and petitioning to vent their dissatisfaction with the original village committee team and forcefully demand to protect their rights and interests, they think they are a group of people. Since ancient times, peasants have had a simple, upright, and kind nature, and the resentment in their hearts must be vented. Perhaps, it is only a matter of time before this farce ends. However, the appellant's decision to elevate this loan dispute case to a criminal case is a bad sign, as it is not only suspected of abusing public power to avoid bank debts, but also adding a lot of rights and wrongs to the lending bank and the handler.

Let the little one tell you the story slowly.

Precisely:

Jiangtou is not a storm, and there is no other road in the world;

Local flies cover their eyes, and high-ranking officials scratch their heads and are embarrassed. (To be continued.) )