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At home in the summer, Xia Yu was very happy when he came back this Saturday and said to his mother Fan Ting: "Mom, my results in this final exam surprised the teacher. ”

Fan Ting was very happy after hearing this, and said happily: "Good son, let my mother show her face?"

When Summer heard this, she asked suspiciously, "How many points did you get in the test that surprised the teachers?"

Xia Yu said: "It's not a question of how many points there are, but my ability that makes the teacher dare not underestimate me." ”

Summer smiled and said, "Tell me about it." ”

Xia Yu said: "First of all, there are two questions in the school math test, and many students have not made them, but it is precisely me and a few classmates who have done it right." As a result, after the test paper was handed in, the teacher felt incredible: 'Why can Xia Yu play so well?' The head teacher's mind was crooked, thinking that I was cheating, so he transferred me to the front row to continue to take the other exams. I saw the teacher's suspicions, and said in my heart: 'It's really a villain's heart and a gentleman's belly, I want to test you to see if I have any expectations.' Later, I did well in the language again. The head teacher started praising me!"

Xia said: "The key to reading is to persist in hard work, accumulate one at a time, and not give up." In ancient times, it was said: 'Ten years of hard work', you must have a bitter atmosphere to become a talent. ”

Fan Ting continued: "What age is it now, and I still ask my son to grasp a bitter word? ”

Xia Yu echoed and said, "By the way, now I don't want to remember the bittersweet set." The song you sang: 'All evil old society, the blood and tears of the poor...... if it were sung in our school, everyone's teeth would laugh out." ”

When Summer heard this, she laughed helplessly.

In the office, Xia was looking at the final judgment of the Provincial High Court against the Carre-La Hotel that he had just received:

…… This court formed a collegial panel to hear the case in accordance with the law, and the trial has now been concluded.

After the trial, it was ascertained that on November 25, 1994, the Hubei Branch of the People's Bank of China (hereinafter referred to as the "Hubei Branch") signed a guarantee loan contract with the Jiale Hotel (hereinafter referred to as the "Jiale Hotel") and the Shenzhen Huanglong International Hotel (hereinafter referred to as the "Huanglong Hotel"), stipulating that the Hubei Branch would lend Jiale Hotel 5.4 million yuan for the use of working capital, and that the Huanglong Hotel would be the guarantee of joint and several liability, and on September 18, 1994, an irrevocable guarantee was issued to the Hubei Branch, and the guarantee period was until the principal and interest of the loan were repaid. On November 28 of the same year, the guarantor, Huanglong Hotel, signed a Supplementary Agreement on Loan Mortgage with Hubei Branch, stipulating that Huanglong Hotel would use the property of Huanglong Hotel (Yue Fang Zi No. N2833748) that had been mortgaged in Hubei Branch as supplementary collateral for the loan of Knorr Hotel. After the signing of the contract, Hubei Sub-branch successively transferred 1.6 million yuan on December 1, 1994, 3 million yuan on December 9, and 800,000 yuan on January 3, 1995, totaling 5.4 million yuan. After the loan expired, the Hubei branch only deducted more than 260,000 yuan of interest from its account. The hotel still owed the principal of 5.4 million yuan and the rest of the arrears, and the recovery was fruitless, so it filed a lawsuit with the court.

After the trial of the case, the Shenzhen Intermediate People's Court held that the above-mentioned secured loan contract and irrevocable guarantee were true and valid and protected by law. The Loan Mortgage Supplement Agreement is a supplement, improvement and modification of the original guarantee contract between Hubei Sub-branch and Huanglong Hotel, and shall be regarded as valid. The official seal affixed to the contract was verified by the Shenzhen Municipal Public Security Bureau, and the plaintiff was provided with the identity certificate of the legal representative and the power of attorney at the time of signing the contract, so the reason for arguing that it did not know about the loan was not established, and its transfer of the received loan to the guarantor for use should be regarded as the actual disposition of the loan and had nothing to do with the plaintiff. Knorr Hotel and Dragon Hotel shall each be liable for breach of contract. In accordance with the provisions of Article 6 and Article 40, Paragraph 1, Item 2 of the Economic Contract Law of the People's Republic of China and Article 89, Paragraph 1, Items 1 and 2 of the General Principles of the Civil Law of the People's Republic of China, the court of first instance rendered the following judgment: 1. The Knorr Hotel still owes the Hubei Branch the loan principal of 5.4 million yuan, the interest, and the overdue interest (the interest and overdue interest are calculated according to the interest rate of the People's Bank of China for the same period, and the overdue interest is calculated until the date of settlement) should be repaid in full. and pay it in full within 20 days from the effective date of this judgment, and double the interest on the debt during the period of delayed performance after the deadline. 2. Royal Dragon Hotel shall be jointly and severally liable for the above debts of Knorr Hotel. If the Jiale Hotel cannot pay off its debts when due, Hubei Sub-branch has the right to sell the mortgaged property in accordance with the law, and the proceeds will be repaid first. The first-instance case acceptance fee is 43,250 yuan, and the entrusted appraisal fee of 1,000 yuan is borne by Knorr Hotel.

Dissatisfied with the first-instance judgment, Knorr Hotel appealed to this court, claiming that the court of first instance was unclear on the facts of this case. …… It was maintained that the appellant had no knowledge of the occurrence of the loan. The court of first instance failed to ascertain and confirm that the secured loan contract, loan application form, mortgage supplementary agreement, loan IOU, account number, seal identification card and other documents were stamped with the appellant's official seal and the appellant's legal representative's private seal ("Ou Dalang's seal"). 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. At the same time, the first-instance judgment was unclear on the determination of liability for loan disputes. First, the Appellee did not register the account with its bank on the loan certificate, nor did it register the loan in the loan certificate. 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 two Appellees independently operated and created the loan, and in this case, the responsibility for the loan should be borne by the two Appellees and had nothing to do with the Appellants. Yunyun.

After a public hearing, this court entrusted the provincial judicial appraisal agency to conduct a new judicial appraisal of the authenticity of the private seal of the "Ou Da Lang Seal" and the hotel's official seal proposed by the Jiale Hotel, and concluded that: among the five materials submitted for inspection, such as the account opening seal card, three IOUs, and the loan contract, the private seal "Ou Da Lang Yin" for handling the loan was consistent with the original sample submitted for inspection, indicating that the "Ou Da Lang Seal" was consistent throughout the loan process, and the official seal stamped in the five materials was not from the same seal, and the hotel obviously had no less than two official seals.

This court held that the secured loan contract signed by Hubei Sub-branch and Knorr Hotel was true and valid, legal in content, complete in formalities, and was an expression of the true intentions of both parties and should be protected by law. The Loan Mortgage Supplementary Agreement signed by Hubei Sub-branch and Huanglong Hotel for the loan is an addition, supplement and modification of the guarantee liability of the loan, and should also be deemed valid. The Knorr Hotel raised the issue of the official seal and the private seal of the legal representative, "Ou Da Lang Seal", and it was inferred that the hotel was unaware of the loan and did not bear the responsibility for repaying the principal and interest of the loan, and this court did not accept it. As for the so-called failure to register the account opening and loan on the loan certificate, it is not enough to overturn the fact that the Hubei Sub-branch has already granted the loan to the Knorr Hotel. Accordingly, Carre's appeal was unreasonable and should be dismissed. In summary, the original judgment found that the facts were clear and the substance was correctly handled, and should be upheld. In accordance with the provisions of Article 153, Paragraph 1 (1) of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:

The appeal was dismissed and the original judgment was affirmed.

The second-instance case acceptance fee is 43,250 yuan, and the entrusted appraisal fee is 1,000 yuan, which is borne by the Jiale Hotel.

This judgment is final.

……

After reading this verdict in the summer, he was intoxicated by the feeling of smelling books. He put down the verdict in his hand, closed his eyes, and savored the charm: "The hotel obviously has no less than two official seals", "'Ou Dalang' seal' coherently the entire loan process", but does not say that one of its official seals is fake, but uses Ou Dalang's private seal to coherently coherent, which not only shows that the two official seals belong to their hotel, but also shows that they are aware of the loan. However, in this way, the hotel's use of the two official seals was their subjective intention, and the judgment was not triggered here, not to mention. Instead, he stated that the hotel's claim that it did not know about the loan was "rejected by this court" and "the appeal was rejected and the original judgment was upheld." In addition, the "Loan Mortgage Supplemental Agreement" for the transfer of mortgage rights created by Xia Xia was not only affirmed by the Municipal Intermediate People's Court, but also recognized by the Provincial High Court: "It is an addition, supplement and modification of the loan guarantee liability, and should also be recognized as valid." ”

After reveling in the verdict in the summer, he turned to the whole process of the case, from Huang Zhonghui taking Ou Erlang to the credit manager's office, Bu must have made fun of Wu Erlang with the name of "Ou Erlang", and then went through the loan procedures, to the prosecution, the conclusion of the first-instance case, the occasional Li Jingwei stirring up trouble with underworld means, and the second-instance response to the lawsuit.

Summer thought to herself, "This district is really not a good bird." He set up a bureau from the beginning of the loan, and he did not come forward, so he asked his younger brother and Huang Zhonghui to apply for the loan, and his younger brother used the two official seals alternately. This shows that as early as the beginning of the matter, he had thought of avoiding debts in his heart, and after the Shenzhen Intermediate People's Court did not accept the seal issue raised against him, he actually took advantage of the relationship between red and black to stage a farce. Fortunately, I was calm in my own heart, and I was not used, so I was able to get out of the way. At this time, Ou Dalang's femme fatale heart was revealed. When we made up our minds to fight this lawsuit to the end, we didn't see Ou Dalang and his person, and the so-called transcript of Li Jingwei's work was not used by him in the end. Now, what is he doing?"

The words are divided into two ends, one for each side.

However, it was said that Ou Dalang, the legal representative of the Carrup Hotel, was busy collecting money at this time, and he couldn't extricate himself day by day. It turned out that this Knorr Hotel was a cooperative enterprise established in 1993 by Ou Dalang and the local village committee in the name of cooperation, the village committee sold real estate, and Ou Dalang brought funds into the market. At that time, the contract stipulated that the cooperation period between the two parties was 20 years, and Ou Dalang was fully responsible for the operation of the hotel. The village committee provides five real estate buildings with a total of 5,000 square meters for the operation of the hotel, and Ou Dalang gives the village committee 500,000 yuan of "profits" every year. In addition, during the cooperation period, Ou Dalang must invest no less than 8.5 million yuan in cash for the cooperation project - that is, the infrastructure of the hotel. Now, five years have passed, and Ou Dalang's investment is less than 2 million yuan, so he started the idea of the golden cicada coming out of its shell. In the past year or so, he has purchased a large number of goods in the name of the Knorr Hotel and introduced some hotel equipment, and with the sword of Shang Fang, which he is "solely responsible for operating," he has gone so far as to secretly transport the purchased equipment to other places; on the other hand, on the grounds that the business situation is not good, he has stopped paying employees' wages for more than half a year. Now counted, the debts and employee wages owed in the name of Knorr Hotel have reached more than 10 million yuan.

Ou Dalang originally went to court with the Hubei Branch of the People's Bank of China, mainly because at the point in time, he had not yet completed his plan to collect money, so that he pretended to hire a lawyer, write a complaint, and make a statement to the court in the first and second instances, as if he had been wronged one day. After the case was adjudicated by the Provincial High Court, Ou Dalang was not in a hurry, and even did not accept the final judgment of the Provincial High Court. What is the reason for this? It turns out that the cases of the Carrup Hotel maliciously defaulting on the wages of its employees and the debts of other parties have also been tried in several courts in Shenzhen, and some of the cases have already been concluded and are facing enforcement. He refused to accept the judgment at all, so that the court had to resort to service of notice. In this way, the time for the entry into force and enforcement of the legal instrument will be delayed, and it will be easier for him to succeed in his trick of relying on his debts. Think about it, how difficult it is for a bank team composed of a group of well-mannered elites to deal with a guy like Ou Dalang who makes a living by cheating, and winning the odds of winning!

It is also said that although the bank won the lawsuit, it seems that it is more difficult to realize the property of the Knorr Hotel, which was established in a cooperative way, to repay the principal and interest of the loan. (To be continued.) )