After taking over the retrial verdict of the trial supervision tribunal that Ren Erwei got back from the Shenzhen Intermediate People's Court, he read it intently in the office:

Intermediate People's Court of Shenzhen, Guangdong Province

Civil Judgments

(1998) Shen Zhong Fa Jian Jing Zi No. 0155X-0156X

Applicant for retrial (defendant in the original trial): Anwei Economic Development Company, Bao'an District, Shenzhen. Pen, fun, and www.biquge.info

Address: Anwei Village, Bao'an District.

Legal representative: Lin Cunmu, general manager.

Entrusted agent: Li Hua, a cadre of the company, director of the village committee of Anwei Village.

Entrusted agent: Yu Dahai, lawyer of Guangzhou Foreign Trade Law Firm.

Persons subject to the application for retrial:

Plaintiff in the original trial: Shenzhen Minmin Bank Hubei Branch (formerly Shenzhen Hubei Financial Services Society).

Address: Hubei Road, Luohu District, Shenzhen.

Person in charge: Wang Xianyao, President.

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

Entrusted agent: Summer, director of the bank's credit department.

Defendant in the original trial: Shenzhen Anyan Automobile City Co., Ltd

Address: Anwei Village, Bao'an District.

Legal representative: Zhu Chier, general manager.

Entrusted agent: Xiao Ming, the company's legal counsel.

Defendant in the original trial: Shenzhen Jinkaige Development Co., Ltd.

Address: (unknown)

Legal representative: Zhou Kaige, chairman of the company.

Entrusted agent: Wang Fei, the company's legal counsel.

The above-mentioned cases of disputes over loan contracts have been submitted by this court on November 20, 1997 (1997) Shen Zhong Fa Jing Chu Zi No. 1561 and 1562 civil mediation documents, and have taken legal effect. The applicant for retrial, Shenzhen Bao'an District Anwei Economic Development Company (hereinafter referred to as "Anwei Company"), was dissatisfied and applied to this court for a retrial. On November 25, 1998, the People's Court rendered the (1998) Shen Zhong Fa Shen Jian Jing Zi No. 01X4-01X5 Civil Ruling, deciding to retry the two cases. This court formed a collegial panel in accordance with law and tried the case in open court. The applicant for retrial, Kishio Company, the respondent for retrial, the Hubei Branch of Shenzhen Minmin Bank (hereinafter referred to as the "Hubei Branch"), the defendant of the original trial, Shenzhen Anyan Automobile City Co., Ltd. (hereinafter referred to as "Anyan Company") and their authorized agents all appeared in court to participate in the litigation, but Shenzhen Jinkaige Development Co., Ltd. did not appear in court after serving the summons for the trial. The trial has now been concluded.

This court re-examined and found that from March to early June 1994, Shenzhen Hubei Financial Services Co., Ltd. (hereinafter referred to as the "Service Cooperative") violated the relevant regulations on financial management by lending 164 million yuan to Anyan Company in 18 installments in the form of loan IOUs without credit investigation, without guarantee, without collateral, or even without signing a loan contract. In early June of the same year, the Shenzhen Special Economic Zone Branch of the People's Bank of China (hereinafter referred to as the Municipal People's Bank of China) formed a working group and dispatched Hubei Financial Services to investigate the illegal operation of financial institutions involved in Anyan's disruption of financial order. In order to evade the investigation and supervision of the higher-level authorities, Zhuang X, the person in charge of Hubei Financial Services Co., Ltd., colluded with Zhu Chier, the legal representative of Anyan Company, to discuss countermeasures, and decided to decompose and change Anyan's loans in the service cooperative, and proposed to change Anyan's loans to the name of Kishio Company. Immediately approached the legal representative of Kishio Company and the person in charge of Kishio Village, and the service agency told him that Kishio Company would first issue procedures to exchange the loan of Anyan Company from the Service Cooperative to the name of Kishio Company, and after the inspection and clearance of the Municipal People's Bank Working Group, it would be changed to a loan from Anyan Company, guaranteeing that the debt would not be recovered from Kishio Company in the future, and that no economic loss would be caused to Kishio Company and Kishio Village collective. On June 20, 1994, Anyan Company signed 18 loan IOUs and two loan contracts with the Service Cooperative, thereby undertaking the loan of 164 million yuan borrowed from the Service Cooperative. After investigation, the 18 IOUs signed by Kishio Company were consistent with the 18 IOUs signed by Anyan Company above, and the time and amount of each loan (except for one IOU that was changed from the original 5 million yuan to 10 million yuan) were consistent. There were two loan contracts, one for the Mortgage Loan Contract with an amount of RMB 2 million and the other for the Guaranteed Loan Contract for RMB 59 million, which was guaranteed by Shenzhen Jinkaige Development Co., Ltd. (hereinafter referred to as "Jinkaige Company"), which also agreed to act as a guarantor at the service cooperative. The amount of 79 million yuan in the two contracts is included in 18 borrowing IOUs of 169 million yuan. The service cooperatives relied on the loan IOUs and contracts signed with Kishio Company and the corresponding procedures for changing accounts by their staff, and deceived the inspection and punishment of the Municipal People's Bank Working Group. In July 1994, Zhu Chi'er, the legal representative of Anyan Company, was detained by the public security organs, and in July 1995, Hubei Financial Services Co., Ltd. was taken over by the Citizen Bank. Anyan failed to repay the loan from the service cooperative, and Kishio's account for the replacement loan was not changed back to Anyan. In October 1997, the Hubei Sub-branch filed a lawsuit with this court, requesting that Kishio Company be ordered to bear the principal and interest of the two loan contracts, and that Jin Kaige Company should bear its guarantee liability.

After accepting the two cases, this court ascertained that the real user of Kishio's loan was Anyan Company, and the loan was actually invested in the development and construction of "Anyan Automobile City". On 20 September 1997, Anyan sent a letter to this court stating that if Kishio failed to repay the two loans by 30 August 1998, the due date of the bank. Our company is willing to hand over part of the property of "Anyan Auto City" as collateral repayment to the bank (Hubei Branch) to deal with the debt repayment. Therefore, on October 16, 1997, Hubei Sub-branch applied to this court to add Anyan Company as a defendant. This court supported the application of Hubei Sub-branch and added Anyan Company as a defendant in this case. On November 20, 1997, the court made (1997) Shen Zhong Fa Jing Chu Zi No. 1561, In the Civil Mediation Statement No. 1562, the mediation agreement is as follows: Shore Tail Company still owes the loan principal of 18 million yuan and 57 million yuan to the Hubei Branch (the two contracts have deducted 2 million yuan each) and interest, and the overdue interest (calculated according to national regulations) shall be repaid by 5 million yuan before December 30, 1997, and 5 million yuan and 10 million yuan shall be repaid before the 30th of each month thereafter, and the balance shall be paid off before May 30, 1998. Jin Kaige Company is jointly and severally liable for the debts of 57 million yuan before August 30, 1997. Anyan Company shall be jointly and severally liable for the debts owed by Anwei Company to Hubei Branch. The case acceptance fee of 520,000 yuan shall be borne by Anyan Company (Anyan Company shall pay Hubei Branch). After the mediation took effect, Kishio applied to this court for a retrial on the grounds that the loan IOU and loan contract were false and that mediation was not an expression of its true intentions. After accepting the case, this court rendered the aforesaid (1998) Shen Zhong Fa Shen Jian Jing Zi No. 01X4-01X5 Civil Ruling on November 25, 1998, and retried the case.

The court also ascertained after the retrial that Anyan Company returned RMB 9 million to the service agency on May 23, 5 million yuan on June 2, 40 million yuan on June 10, 19 million yuan on June 14, and 7 million yuan on June 17. On May 14, Anyan Company deposited a fixed deposit of 10 million yuan into the service cooperative, which was later deducted by the Hubei branch to repay the loan, and Anyan Company repaid another 4 million yuan to the Hubei branch (which has been approved by the Hubei branch). In total, Anyan Company repaid RMB 94 million, of which RMB 46.5 million was used to repay other loans (which have been handled in a separate case), RMB 47.5 million was used to repay the loan in this case, and RMB 116.5 million was still owed to Hubei Sub-branch for loans and interest.

The court held in the retrial that the fact that Anyan Company borrowed RMB 164 million from Hubei Financial Services Co., Ltd. was not only recognized by both parties, but also corroborated by the loan IOU and relevant vouchers, so the borrowing behavior of both parties should be confirmed. Anyan has repaid 47.5 million yuan of the loan in this case, and the principal and interest of the loan of 116.5 million yuan should continue to be repaid. In order to circumvent its own illegal loan behavior, the service cooperatives maliciously colluded and jointly planned with the borrower, Anyan Company, after the fact. False promises and coercion procedures were used to force Kishio Company and Jin Kaige Company to sign false loan IOUs and mortgage guarantee loan contracts with the service cooperatives amounting to more than 160 million yuan against their true will, so as to replace the huge amount of loans of Anyan Company and cope with the inspection of the higher-level financial authorities. Subsequently, the court brought the case to the court with the false evidence, causing the original trial court to make an erroneous mediation, which not only violated China's financial management regulations, but also seriously hindered the normal trial of the case by the people's court. Therefore, the above-mentioned illegal acts of the service agency and Anyan Company should be fined in accordance with the law (a separate fine decision will be made). Since the service society was taken over by the Hubei Branch of the Citizens Bank in July 1995, the rights and obligations of the service society in this case should be borne by the Hubei Branch. The loan and guarantee contracts signed by Kishio Company, Jin Kaige Company and the service agency were done against their true will, and Kishio Company did not actually obtain and dispose of the money under the contract. Therefore, Kishio Company should not bear the obligations of the borrower in this case, and Jinkaige Company should not bear the obligations of the guarantor in this case. However, during the period when the former legal representatives of Kishio Company, Liu Linlin and Jin Kaige Company, not only did not report and conceal the true situation, but also reached a mediation promise to repay the loan with the service agency and Anyan Company on false evidence, which not only harmed the company's own legitimate interests, but also hindered the normal trial of the case by the people's court. Therefore, Liu Linlin, the former legal representative of Kishio Company, and Jin Kaige Company should also be fined in accordance with the law (a separate fine decision will be made). Although the original trial mediation of this court was procedurally in accordance with the principle of the parties' voluntariness, the facts ascertained were determined by the false evidence provided by the parties. The result of the mediation seriously harms the legitimate interests of others. Therefore, the content of the mediation is illegal and should be remedied. Accordingly, after discussion and decision by the adjudication committee of this court, in accordance with the provisions of Article 58, Paragraphs 1 (3), (4), (5), (7) and 2 of the "General Principles of the Civil Law of the People's Republic of China", Article 102, Paragraph 1 (1) and 2, Article 104, Paragraph 1, 180, and 184 of the "Civil Procedure Law of the People's Republic of China", the judgment is as follows:

1. Revoke the civil mediation of this court (1997) Shen Zhong Fa Jing Chu Zi No. 1561 and 1562;

2. Anyan Company shall repay the loan of RMB 116.5 million and its interest from Hubei Branch (the interest shall be calculated according to the loan interest rate for the same period stipulated by the People's Bank of China from the date of loan to the date of repayment of the principal);

3. The loan IOU and mortgage guarantee contracts signed by Kishio Company, Jin Kaige Company and the service agency in this case are invalid.

The judgment of the above-mentioned payment shall be repaid within 15 days from the effective date of this judgment, and the interest on the loan for the period of delayed performance shall be doubled if the payment is made after the deadline.

The acceptance fee of 520,000 yuan in this case was borne by Anyan Company.

If they are not satisfied with this judgment, they may submit five copies of the appeal petition 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: Wang Xinran

Judge: Sun Ping

This case is no different from the original check Judge: Li Guohua

Intermediate People's Court of Shenzhen City, Guangdong Province (India)

20 March 1999

Clerk: Cao Daniu

After reading it in the summer, he muttered: "The basic facts are there, this is to change the account and pull the Shore Tail Village in." First, for example, the judgment mentions that the loan to Anyan Company is 164 million yuan, but in fact it is 215.5 million yuan, why is there such a difference? The 46.5 million yuan that has never been changed will be treated as a new account after repayment, so that the accumulated amount of 46.5 million yuan will be lost in the account of the Kishio Company, and the cumulative amount of loans will also be reduced by 46.5 million yuan in reverse calculation. Another reason is that in the process of changing the accounts, the balance that is still on the account is divided in a quick way, and the original IOUs that have been returned are not recopied on the account page. Therefore, it is true that the bank cannot produce the IOU that has been repaid in the current year. Second, the 46.5 million yuan on the account of Anyan Company is the original record, and the fact that Kishio Company took out 29 sets of real estate to mortgage is an expression of their true intentions, and they did not agree to mortgage after changing their accounts. As early as January 22, 1994 (at that time, Hubei Financial Services Co., Ltd. had not yet been established), Kishio Company (Party A) signed the "Mortgage Guarantee Contract" with the newly established Anyan Automobile City Co., Ltd. (Party B), "Party A agreed to use the 30 factories owned by Party A as collateral for Party B to finance funds or physical purposes. …… Party B to...... 5% of the total amount is calculated to pay Party A a guarantee fee of ......', Yunyun. It is true that the mortgage registration procedures were completed during the inspection by the People's Bank of China, which should also be protected by law in accordance with the law. Third, judging from the actual effect, Jin Kaige Company was the beneficiary of this case, relying on a company with no assets to find a job to guarantee people, so that it disappeared after earning the principal and interest of tens of millions of yuan of loans from the People's Bank, which was unknown to the court. ”

Summer made three copies of the verdict and took two copies to the president's office, and when Summer saw that Chen Jiao was also there, he gave the verdict to the two presidents and said to them: "The judgment of Kishio Company has been brought back, I have read it, and there is still a bit of a problem." ”

Wang Xianyao asked, "Which piece is the most unfavorable for us?"

Xia said: "The 46.5 million yuan loan on the account of Anyan Company was recorded in the original voucher and has not been moved, and the house that the Anwei Company used to mortgage was also used to mortgage the loan for Lao Zhu before the financial service agency opened." Besides, we still have the mortgage contract signed by the two companies on 22 January 1994, and they also agreed to collect a guarantee fee! When they signed this contract, the Hubei Financial Services Society had not yet been established. In addition, the mortgage registration after the loan has been issued should also be protected by law. Now the judgment has been invalidated in a separate case, which seems to be relatively reluctant. ”

Wang Xianyao said: "Lao Xia, you are responsible for reporting this matter to the Asset Loss Prevention Department of the head office, and see whether their opinions should be appealed or forgotten." Be careful to ask them to give us a written basis, it's a big deal. After finishing speaking, he looked at Chen Homework and said, "In addition, Homework, call Hao Wenting tomorrow to come here, and a few of us will deliberate on two issues, one is whether this verdict is acceptable? Second, how to rectify the follow-up problems of Anyan Company? ”

Chen Jiao chimed in: "Then it's set for tomorrow morning." ”

When Xia heard this, he felt that the president had changed his tone again: Now that the case has been concluded in the first instance, it is time to continue to investigate the property of the Anyan Company? I am also happy in my heart, because the Shenzhen Intermediate People's Court has already seized some of the real estate purchased by the Anyan Company in the Qianhui Building for the sub-branch. As long as the president moves, the auction can be realized in the same year.

On the morning of the next day, Wang Xianyao, Chen Jiaojiao, Hao Wenting, and Xia Xia hotly discussed the judgment of the Intermediate People's Court in the president's office, and finally formed a tendentious opinion: because the branch did not dare to present evidence, the court speculated on the situation at that time based on the evidence of the other party, and it was inevitable that it would be a mistake. However, the question now is: after the merger of Anyan Company and Kishio Company, the loan balance of 3.5 million yuan was lost, and the bank was recognized as an iron account by the society.

Wang Xianyao said to Chen Assignment: "Homework, you are an expert in accounting affairs, you and Tan Feiyan and Wu Dongmei will find out this matter clearly, if this is the case, you must also write a report to the head office to see how their opinions are handled." ”

Chen said a little teasingly: "Okay." Zhuang Yu is also a person, who made the account of Hubei Financial Services Society into a mess. ”

Hao Wenting and Xia both laughed.

Wang Xianyao said to Xia: "Lao Xia, you and Lawyer Hao are thinking about Zhu Chi'er's new tricks, can we catch crabs that can survive the winter and get some 'two clearing' bonus flowers?"

Summer smiled and said to Hao Wenting: "Yes, we will rely on Lawyer Hao for the winter." Of course, you'll have your share in the prize money when the time comes. ”

Later, with the assistance of the Enforcement Division of the Intermediate People's Court, Xia and Hao Wenting not only clarified the structural relationship between the three-level companies derived from Anyan Company in order to avoid debts, but also discovered that Anyan Company had newly acquired land and completed the pile foundation project of three links and one leveling. Wang Xianyao, Chen Jiaojiao, Xia and lawyer Chen Dawei took an afternoon to observe the plot together.

What is even more gratifying is that as a result of the investigation of the serial company, the parent and subsidiary, and the reverse investigation, it was found that the property owner of the Qianhui Building was actually jointly invested and built by a provincial disabled persons' foundation and Zhu Chier's Wanan Investment Co., Ltd., and Zhu Chier obviously valued this investment company called Wan'an, and when all the second- and third-level companies no longer used his name as a legal representative to register, only this Wanan Investment Co., Ltd. was still his legal representative. The company was established in October 1996 with a registered capital of 30 million yuan. Among the 130 million yuan registered capital of his nine sons and grandchildren, it is also the company with the largest registered capital.

Xia happily said to Hao Wenting: "The question now is: whether Zhu Chi'er used a certain provincial foundation for the disabled as a cover, or did not contribute at all, it was all Lao Zhu's money to invest in the construction of this building, just like the investment of the Anwei Company in the service cooperative, only one name." ”

Hao Wenting said with a sad face: "I think it is a lot of difficulties to find out this matter and turn it into a source of funds for repaying the loan." ”

Summer said, "I think there's a way." On the first level, Anyan Company turned the bank loan into the share capital of the subordinate enterprise to form the registered capital of the enterprise, which is also legally recognized as the investment of the shareholder of Anyan Company, if it is not a wholly-owned investment, the equity it holds can be transferred; the second layer, after the operation of the new company, the profits and incomes have been formed, and the owner's equity has been accumulated, such as the investment of Wanan Investment Co., Ltd. in the construction of the 38-story Qianhui Building, even if the two invest in it, it should also produce a large income, and after paying the income tax, it is the equity of the shareholders。 We should have legal means to make these proceeds repay the principal and interest of the bank loan owed by his investor. ”

The two exchanged views, and felt that their eyes were bright, and it was really another village! )