In 200, Huang Zhonghui did a big fraud case
When he returned to the office in the summer, he immediately returned to Huang Zhonghui, but there was no resumption, and he left a message on his machine in the summer: "As a friend, you have to resume the machine." Pen %Fun %Pavilion www.biquge.info"
Later, in the summer, he spoke on the phone with Rogari, who also handled the registration of the mortgage and his lawyer, who said: "I haven't been his legal adviser for more than a year. As for the issue of mortgage registration, you can rest assured, it is not fake, I guarantee it with my character and professional ethics. ”
Xia said: "Then thank you! Another thing I want to ask you for help is whether you can talk about Huang Zhonghui as a friend and ask him to call me when it is convenient?"
Luo Jiazhi said: "Yes, I'll call him later, I'll take him, and he will still recover, because he doesn't know what's going on." ”
Summer said, "Thank you then, see you another day." ”
After asking Luo Jia in the summer, he was more stable. On the contrary, Wang Xianyao was anxious, because the Shenzhen branch of the state-owned bank where his lover worked handed over to his lover to discuss with the People's Bank the matter of coordinating the purchase of a building between the bank and the Huanglong Hotel, and this was difficult for Wang Xianyao: If he listened to his wife and took care of the concerns of the state-owned bank, it would inevitably damage the interests of the people's bank; if he blindly followed the legal procedures established by the people's bank, then the state-owned bank spent more than 10 million yuan to buy a fake building, and the incident would inevitably occur. This is not a trivial matter for the leadership team of the branch, although it is possible to report the fraud case to the public security bureau, but the money has already been spent by Huang Zhonghui and his gang, what is the use of reporting the case?
"However," Wang Xianyao secretly said: "If you don't give face to the state-owned bank, not only will your wife not be able to explain, but she will also face the pressure of competing for posts among department-level cadres." What a dilemma!"
Wang Xianyao thought as he walked around the office, feeling that he didn't have many cards in his hand.
"Ah, by the way, the new president is also transferred from the state-owned banking system, and if necessary, you can put a hand on his shoulders. Wang Xianyao said in his heart.
Later, he told himself: "Don't think too much, my wife and I are both working for the financial undertakings of the party and the state, and my wife works in a central enterprise, a directly subordinate army, and a field army; the citizens' bank where I work is a small local bank and a local army, and the two banks are like the left hand and right hand of one person." Don't understand it as dealing with public and private issues, and then pull that flag, don't want to. ”
At this moment, the phone rang. Wang Xianyao looked at the caller ID, and it was Lu Gang, vice president of the Longhua branch of a certain state-owned bank with whom he was closely connected, who had recently called.
Wang Xianyao picked up the phone and said, "Hey, Governor Lu?"
Lu Gang said: "Yes, President Wang, I have a clear conversation with you: we have found Huang Zhonghui and rightly conveyed the opinion of the Shenzhen branch of our state-owned bank, and he is limited to 10 days to deal with the problem, otherwise, the case will be handed over to the political and legal department for handling." ”
Wang Xianyao said: "This is good, cut through the mess quickly." It was also a touch to Huang Zhonghui. ”
Lu Gang said: "If you say so, I don't know what the effect is, President Wang, I'm afraid I will have to ask for your support at that time." ”
Wang Xianyao said: "What else do we have to share with each other? Contact and coordinate more, and try our best to deal with problems to the satisfaction of both sides. ”
"Then thank you in advance! Lu Gang said.
In fact, the summer also regarded the problem of the Royal Dragon Hotel as a major event. Because this loan of 27 million yuan is still fully worth the mortgage so far. If more than 10 million yuan of collateral is artificially cut off, it may not be enough to repay the principal and interest of the loan. Therefore, he is also contacting Huang Zhonghui through various channels.
After a week on the phone with Luo Jiari, Summer finally got on the phone with Huang Zhonghui. Not long after Huang Zhonghui connected the phone, the line was disconnected, and after waiting for more than ten minutes in the summer, Huang Zhonghui took the initiative to call.
On the phone, Huang Zhonghui talked about the notice issued by the Shenzhen branch of the state-owned bank, and he was still a little worried.
Xia asked: "Mr. Huang, on the issue of selling this annex building, I was deceived by you, but you also deceived the people in the head office, I think it is a bit excessive." Hey, what's the matter with you making the real estate certificate to the state-owned bank?"
Huang Zhonghui squeaked on the phone and said to Xia: "I have no experience in this area, I was taught by others." ”
Summer sarcastically said: "When you have experience in this area, don't you enter the bureau yet?"
……
After putting down the phone, Xia took out the mediation letter between the bank and the Huanglong Hotel loan, and deliberated:
Shenzhen Intermediate People's Court of Guangzhou Province
Civil mediation letter
(1996) Shen Zhong Fa Jing Chu Zi No. 1488
Plaintiff: Hubei Branch of Citizens Bank. Address: Hubei Road, Luohu, Shenzhen.
Person in charge: Wang Xianyao, President.
Entrusted agent: Hao Wenting, legal counsel of Hubei Branch of Citizens Bank.
Defendant: Shenzhen Baoan Huanglong International Hotel. Address: Renmin Road, Longhua, Shenzhen.
Legal representative: Huang Zhonghui, general manager.
Entrusted agent: Luo Jiari, lawyer of Shenzhen Dadi Law Firm.
In the above-mentioned case of a dispute over a loan contract between the plaintiff and the defendant, this court accepted the case and tried the case in accordance with the law. The trial has now been concluded.
This court ascertained that on June 17, 1994, the plaintiff and the defendant signed a mortgage loan contract, stipulating that the plaintiff would lend RMB 30 million to the defendant for a period from June 20, 1994 to June 20, 1995, for working capital, with a monthly interest rate of 12.078‰, and the loan was planned to be used in four installments and repaid in four installments. The defendant also secured the loan against Property No. N2833748 4. After the contract was signed, the plaintiff and the defendant notarized and registered the mortgage contract. The plaintiff transferred RMB 5 million to the defendant on June 24, 1994 and RMB 400,000 to the defendant on January 3, 1995, for a total loan of RMB 5.4 million. After the expiration of the contract, the defendant only repaid part of the interest to the plaintiff, and the plaintiff failed to collect the interest, so the plaintiff filed a lawsuit with this court, requesting that the defendant be ordered to repay the loan of RMB 5.4 million, interest and penalty interest, and that the defendant bear the litigation costs of the case.
It was also found that the plaintiff was formerly known as Shenzhen Hubei Financial Services Society.
This court held that the mortgage contract signed by the plaintiff and the defendant was true and valid, and both parties should perform their obligations, and that if the plaintiff failed to provide the loan on time, it should pay the defendant liquidated damages according to the amount of default and the number of days of deferral, and that the defendant should also bear the corresponding liability and should repay the plaintiff's loan principal and interest if it fails to repay the loan within the time limit.
During the trial of this case, after mediation presided over by this court, the parties voluntarily reached the following agreement:
1. The defendant still owes the plaintiff a loan of RMB 5.4 million, as well as interest and penalty interest (interest and penalty interest are calculated in accordance with the provisions of the People's Bank of China) and should be repaid in full.
The defendant shall repay the principal amount of RMB 2.4 million and overdue interest by December 20, 1996, and the principal and interest of all by February 30, 1997. Interest on the debt for the period of delay in performance is doubled for the overdue period.
2. If the defendant fails to repay the plaintiff's loan when due, the plaintiff has the right to auction the collateral in accordance with the law, and the proceeds shall be repaid in priority.
3. The case acceptance fee of RMB 42,000 shall be borne by the defendant (the plaintiff has paid the case acceptance fee in advance, which will not be refunded, and the defendant will pay the plaintiff the amount to be borne by the defendant before December 20, 1996).
This mediation agreement shall have legal effect after being signed and received by both parties.
Judge: Lin Liangjun
Shenzhen Intermediate People's Court of Guangzhou Province (India)
20 November 1996
Clerk: Dai Yong
Xia Xiang: "Of the five cases in the series of Shenzhen Huanglong International Hotel, the two companies of Huanglong Hotel itself and Jintai Industrial Co., Ltd. settled the case through mediation, and Bao'an Longteng Industrial Company and Bao'an Harmony Trade Development Company took the judgment and concluded with the defendant accepting the first-instance judgment. Only the Jiale Hotel of Ou Dalang and Ou Erlang brothers was dissatisfied with the verdict and asked for an appeal. But the facts are clear and indisputable. Moreover, the issue of 'transfer of mortgage rights' that I created in a hurry to circumvent the regulations of the People's Bank of China has also been recognized by the court. It's both ridiculous and funny. ”
It turned out that when Huang Zhonghui mortgaged a large Huanglong Hotel to Hubei Financial Services Co., Ltd. and signed a loan contract of 30 million yuan, he only borrowed 5 million yuan, and the loan business was stopped by the People's Bank of China. This Huang Zhonghui is not a fuel-efficient lamp, and sent lawyer Luo Jiari to the Hubei Financial Services Agency for three days to make noise. In the summer, he was often pulled by General Manager Zhuang Yu to deal with them. Xia was annoyed by the quarrel and let out a statement: "There are two ways, one is to change the mortgage, and the other is to find other companies to take out loans by transferring mortgage rights after the People's Bank of China opens up its business." ”
When these words came out, Huang Zhonghui and lawyer Luo Jiari pondered for many days, and in the end, they chose the latter.
When Summer saw that the court's verdict agreed with the concept he proposed, she said proudly in her heart, "I didn't expect that I still have a little bit of legal wisdom!" (To be continued.) )