In the office of the president of the Hubei branch of the Citizens Bank, Wang Xianyao and Chen Jiaojiao were also very happy to see that the loan dispute between An Yan and Kishio had been mediated. Pen Fun Pavilion wWw. ｂiquge。 infoAfter reading the mediation letter, the two of them were in a very good mood and thought about what to do.

After a while, Wang Xianyao said to Chen Job: "Operation, I think we should report a material to the head office in the name of the sub-branch to explain our phased progress in the legal prosecution of Anyan Company. On the one hand, this is because at the end of the year, the head office will consider the general evaluation, and on the other hand, we will also take advantage of this east wind to settle Mr. Chen's litigation agency fee to him. ”

Chen homework said: "Okay. ”

Wang Xianyao said again: "At the end of the year, when it comes to personnel assessment, the recent summer side has also done a good job, and the cost is a little tilted to him, and a few thousand yuan is made, so that they can be active and ease the atmosphere." I think those kids in the credit department are enough to stop in the summer. ”

Chen said: "I agree. ”

Wang Xianyao also said: "The two of us will divide the work, and I will make the report on approving the litigation agency fee to the head office, and you will write a report on the successful mediation of the Kishio Company and reduce the losses of nearly 100 million yuan for the Citizens Bank, and strive to send it to the head office this week to blow the wind." Then I had to ask Lao Xia to report to Yi Muzi to the Asset Loss Prevention Department about the verification of the "Bid Responsibility Letter", and not to recover the loan and not admit it. ”

Chen homework said: "I think I have to hurry up, otherwise I will have a lot of dreams at night." Now there is a bit of a problem, we send the report of Kishio's progress to the loss prevention department, and they may also put up bidding obstacles after seeing that we have seized so many properties. ”

Wang Xianyao said: "I think it is still a question whether to report to the loss prevention department, and we need to think about it again." However, regarding the seizure of non-mortgaged property, the loss prevention department simply did not report it to the relevant departments of the head office before it was verified. ”

Two days later, the document written by Chen was finalized, and the full text is as follows:

Citizens Bank Hubei Branch Document (Secret)

Shenzhen Yinhu Zi (1997) No. 048

Report on the effective mediation of the loan contract of Shenzhen Baoan Anwei Economic Development Company and the reduction of the asset loss of nearly 100 million yuan of our bank

Head Office:

Since May this year, our bank has carried out special collection of overdue loans of Shenzhen Anyan Automobile City Co., Ltd. and Bao'an Anwei Economic Development Company in accordance with the law, and after half a year of work, it has achieved phased results, and the situation is now reported as follows:

First, the basic situation

In early 1994, Shenzhen Anyan Automobile City Co., Ltd., a major lender of our bank, borrowed more than 200 million yuan from Shenzhen Hubei Financial Services Society, the predecessor of Hubei Branch. Due to serious violations, the matter was reported to the Shenzhen Special Economic Zone Branch of the People's Bank of China, and in June of the same year, the Special Economic Zone Branch formed a working group to conduct a comprehensive audit. After learning the news of the audit, the leaders of Hubei Financial Services Co., Ltd. divided the balance of 135.5 million yuan to the loan of Anyan Automobile City Co., Ltd. to 89 million yuan under the name of Anwei Economic Development Co., Ltd., and the service cooperatives came forward to find Shenzhen Jin Kaige Development Co., Ltd. to guarantee 59 million yuan for it (according to the guarantor, the service cooperatives promised at that time: (1) to lend 30 million yuan to Jin Kaige Co., Ltd. working capital loans; (2) the guarantee time is three months, and the guarantee will be revoked when it expires. Due to the supervision of the People's Bank of China, the above commitments were not fulfilled, and the guarantee unit went to Futian Financial Services Society to borrow 5 million yuan, and Hubei Financial Services Society made a guarantee for it). The other 46.5 million yuan is still a loan from Anyan Company, which was originally mortgaged by the factory building of Kishio Economic Development Company but has not completed the formalities (Anyan Company and Kishio Company are cooperative relations, Kishio Company contributes land, and Anyan Company contributes funds). After the loan is divided, the contract is re-signed and the loan procedures are completed.

By early August this year, the loans of the above two companies had only been repaid by 15.5 million yuan, and the outstanding loan balance was 120 million yuan.

Second, the existing problems

Due to the complexity of the loan and the uncertainty of its legal relationship, the sub-branch has not sued. From an objective point of view, there are three problems in this loan: First, the loan contract was reissued after the account was issued; second, the guarantor Shenzhen Jinkaige Development Co., Ltd. had no direct relationship with the loan unit, the Kishio Economic Development Company, and the money-using unit, Anyan Company, and had not even been in contact with each other before the guarantee, and it was a third party who came forward to assist in the arrangement, which was purely a relationship of mutual use; third, when the loan was issued, the time written on the IOU was inconsistent with the time of the triangular seal stamped, and there were obvious loopholes. When reading the case file, the judge raised objections and pointed out that this contract should be regarded as an invalid contract, and at most it can only be said that Wanyan Company has unjust enrichment. After analyzing the above situation, we feel that the problem is more serious, in order to mediate effectively, first of all, we must do a good job in the work of Jin Kaige Company and the court, if Jin Kaige Company is unwilling to bear joint and several liability, appeal to the higher court, the loan re-application procedures can not withstand scrutiny, once it is changed, the consequences can be imagined. If Anyan is judged to be unjustly enriched, it will also cause huge losses. If the court considers the contract to be invalid and rules that the user of the money, Anyan Company, is unjust enrichment, then our bank will lose the right to seek recourse against the other party in accordance with the law, which will also cause huge losses. To this end, our bank and the lawyer of Shenzhen Guotai Law Firm, the case agency, jointly studied and found a solution to the problem.

We believe that to solve the loan well, it is necessary to do three things: (1) the additional user of the loan, Anyan Company, is the defendant and bears the responsibility for repayment in accordance with the law; (2) the court work is done to effectively protect the legitimate rights and interests of the plaintiff; (3) the ideological work of the guarantee unit is done and its joint and several liability is recognized, so that the case can enter the mediation procedure as soon as possible. After the plan was determined, a division of labor was carried out, with Guotai Law Firm being responsible for the work of the court and the guarantee unit, and the sub-branch being responsible for the work of adding defendants.

3. Effect

l. Regarding the case of the loan of 45 million yuan from Anyan Automobile City Co., Ltd., after repeated work on the mortgage unit, a mediation agreement has been formally reached, and the Shenzhen Intermediate People's Court has issued a mediation ruling.

2. Regarding the case of a loan of 75 million yuan from Kishio Economic Development Company, the addition of Anyan Company as the defendant was actively coordinated with the court, and although it was difficult, the expected goals were achieved. However, the issue of joint and several liability of Shenzhen Jinkaige Development Co., Ltd. has not been tackled for a long time. The company said: "When you were guaranteeing, you fell for the service agency, and now you are still setting a trap, and you can't be fooled again." At the same time, it was clearly stated: "The loan contract is a fake contract, and the Citizens Bank has not investigated the enterprise at all." In addition, the promises made by the service agency at that time were not fulfilled, so the guarantee did not count. If the court decides, the company appeals to a higher court, and the lawsuit will be fought to the end. "It's very tough. Later, the comrades of Guotai Law Firm worked repeatedly for more than a month, and finally solved the problem.

After nearly half a year's efforts, through eight in-court and out-of-court mediations, our bank straightened out the loan contract relationship between the above two large loan lenders, and reached a mediation agreement, and the loan contract was effectively confirmed in accordance with the law. At the same time, Anyan Automobile City Co., Ltd. was added as a defendant and part of the company's property was seized.

In short, through the efforts of our bank and the support and cooperation of relevant departments, we have achieved relatively satisfactory results. It has avoided nearly 100 million yuan of asset losses for our bank. In the next step, we will work together with the case agency and law enforcement agencies to strive for greater results in accordance with the mediation ruling.

It is hereby reported.

Citizens Bank Hubei Branch (India)

25 November 1997 (To be continued.) )