At this time, I saw that the judge Lin Liangjun, who was presiding over the mediation, had already come to the judge's seat with a smile on his face, and the clerk who followed him was holding a file in his hand and also sat in his seat. Pen, fun, pavilion www. biquge。 After a while, Lin Liangjun glanced at everyone and asked, "It's all here, right? ”

At this time, Sun Yong, the business manager of Anyan Company, walked to Xia's side from the balcony of the court and said to Xia: "Manager Xia, our President Zhu is looking for you." With that, he gave his phone to Summer.

Xia took the phone, walked to the balcony, and said to Zhu Chi'er: "Hello, Mr. Zhu, what's the good news?"

Zhu Chi'er said on the phone: "Manager Xia, I have no good news here, there is bad news, so I want to call you, please take care of it." ”

Summer said, "What's going on over there, you say." ”

Zhu Chi'er said: "I was originally going to repay you 10 million to 20 million yuan according to the plan agreed between our company and you and President Wang. However, I was recently kidnapped and asked to raise 20 million yuan to pay them back. Therefore, you have to be sympathetic to my situation. Under such circumstances, the repayment progress of the Hubei branch was put down. ”

In fact, Zhu Chier was detained by the public security department for investigation because some creditors accused him of economic fraud, and he called Xia in the detention center. But Xia didn't pay attention to the meaning of Zhu Chi'er's words that he was "recently kidnapped", but said: "Our bank requires half a year to nine months to solve the problem. However, there is a condition that 5 million yuan must be repaid before December 30. That's not a big deal, is it?"

After hearing this, Zhu Chi'er said happily: "Okay, just do as you say." ”

Summer returned to his seat, and mediation began. At first, the parties agreed to the mediation in accordance with the tacit agreement of the work done out of court.

Later, Wang Fei, who represented Shenzhen Jinkaige Development Co., Ltd., received a phone call and immediately expressed his disagreement with mediation. This not only made all parties difficult to understand, but even Hao Wenting felt abrupt and asked Wang Feidao: "Xiao Wang, who are you?"

Wang Fei said: "Mr. Zhou called just now. ”

After all, Hao Wenting was more experienced than her junior, and said to the judge: "Judge Lin, I suggest that this is not the case: everyone who has nothing to do with Jin Kaige Company will sign and settle first." Our law firm immediately contacted Zhou Kaige to see what he was thinking about changing his attitude. Now that everyone is here, let's make a final effort. ”

Lin Liangjun, on behalf of the court, adopted Hao Wenting's opinion and asked everyone to settle the previous case.

Hao Wenting immediately walked to the balcony and made a phone call to Chen Dawei to introduce Zhou Kaige's repentance. After hearing this, Chen Dawei said: "It's really a profiteer, and there is no one who has a quasi-trust." If you don't see a rabbit and don't scatter an eagle, now tell me where to get 1 million yuan from him? In this way, I will contact him later, and say that you can write a letter of commitment of 1 million yuan to him in the afternoon, and you can also tell Xiao Wang. If he agrees, I'll ask him to make another call to Xiao Wang. Okay?"

"Okay. Hao Wenting turned off her mobile phone and returned to the mediation room.

Half an hour later, Zhou Kaige called back to lawyer Wang Fei, saying that he had agreed to mediate. As a result, the case of 59 million yuan (actual balance of 57 million yuan) in the latter case began to be mediated again.

A few days later, the parties signed the following two legal documents, and the mediation officially took effect.

One of them:

Shenzhen Intermediate People's Court of Guangzhou Province

Civil mediation letter

(1997) Shen Zhong Fa Jing Chu Zi No. 1561

Plaintiff: Hubei Branch of Citizens Bank. Residence: 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 District Anwei Economic Development Company. Residence: Anwei Village, Bao'an, Shenzhen.

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: Liu Linlin, the former general manager of the company.

Defendant: Shenzhen Anyan Automobile City Co., Ltd. Residence: Anwei Village, Bao'an, Shenzhen.

Legal representative: Zhu Chier, general manager.

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

Entrusted agent: Sun Yong, the company's business manager.

In the above-mentioned cases of the plaintiff suing the defendant over a dispute over a loan contract, this court accepted the case and tried the case in accordance with the law. The trial has now been concluded.

This court ascertained that the plaintiff and the Shenzhen Bao'an District Anwei Economic Development Company (hereinafter referred to as the "Anwei Company") signed a "Guarantee Loan Contract" on June 10, 1994. The contract stipulates that the plaintiff shall lend RMB 20 million to the defendant Kishio Company, with a monthly interest rate of 12.078‰, and the loan term shall be from June 10, 1994 to April 9, 1995, for a total of 10 months. After the contract was signed, the plaintiff transferred the payment of RMB 20 million to Kishio's account on June 10, 1994. After the expiration of the performance period of the contract, Kishio Company failed to repay the plaintiff's loan in full, and still owed the principal amount of 18 million yuan. After the plaintiff's collection failed, he filed a lawsuit with this court.

Check again: The loan money borrowed by Kishio Company was actually invested in the development and construction of "Anyan Automobile City". On September 20, 1997, Shenzhen Anyan Automobile City Co., Ltd. sent a letter to this court, stating that the loan of the Anyan Automobile City had actually been invested in the development and construction of the Anyan Automobile City, and if the Anyan Automobile City Company could not repay the loan before August 30, 98, "our company promised to hand over part of the property of the 'Anyan Automobile City' to the bank as collateral for repayment of the debt." Accordingly, on October 16, 1997, the plaintiff applied to this court to add Shenzhen Anyan Automobile City Co., Ltd. (hereinafter referred to as Anyan Company) as the defendant in this case.

The court held that the loan contract signed between the plaintiff and Kishio Company was lawfully generated and genuinely valid. Kishio Company shall repay the principal and interest of the plaintiff's loan and bear the responsibility to pay the overdue interest. The plaintiff's addition of Anyan Company, the employer of the payment for the goods, as the defendant in this case, is sufficient and has a legal basis, and should be supported. Since the guarantee method agreed between Anyan and Kishio is not clear, it should bear the guarantee liability according to the joint and several liability guarantee.

During the trial of this case, after mediation presided over by this court, the plaintiff and the defendant voluntarily reached the following agreement:

1. The defendant Kishio Company still owes the plaintiff the principal amount of the loan of RMB 18 million, as well as interest and overdue interest (interest and overdue interest are calculated in accordance with the relevant regulations of the People's Bank of China) and should be repaid.

The above amount shall be repaid in instalments: RMB 5 million before December 30, 1997, and RMB 5 million by the 30th day of each month thereafter until the repayment is completed.

2. Anyan Company shall be jointly and severally liable for the repayment of the debts of Kishio Company.

3. The case acceptance fee shall be borne by Anyan Company (the plaintiff has paid the case acceptance fee in advance and will not be refunded, and the amount borne by Anyan Company will be paid to the plaintiff ten days after the effective date of this mediation agreement).

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 1997

Clerk: Wang Chunhua (acting)

Second:

Shenzhen Intermediate People's Court of Guangzhou Province

Civil mediation letter

(1997) Shen Zhong Fa Jing Chu Zi No. 1562

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

Person in charge: Wang Xianyao, President.

Entrusted agent: Hao Wenting, legal counsel of Hubei Branch of Citizens Bank.

First Defendant: Shenzhen Baoan Anwei Economic Development Company. Residence: Anwei Village, Bao'an, Shenzhen.

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: Liu Linlin, the former general manager of the company.

Second defendant: Shenzhen Jinkaige Development Co., Ltd.

Legal representative: Zhou Kaige, general manager.

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

The third defendant: Shenzhen Anyan Automobile City Co., Ltd. Residence: Anwei Village, Bao'an, Shenzhen.

Legal representative: Zhu Chier, general manager.

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

Entrusted agent: Sun Yong, the company's business manager.

In the case of a dispute over a loan contract between the plaintiff and the defendant above, the trial has been conducted and the trial has now been concluded.

This court ascertained that the plaintiff Hubei Branch of the People's Bank of China (hereinafter referred to as the Hubei Branch) signed a "Guarantee Loan Contract" on July 11, 1994 with the first defendant, Shenzhen Baoan Anwei Economic Development Company (hereinafter referred to as "Anwei Company") and the second defendant Shenzhen Jinkaige Development Co., Ltd. (hereinafter referred to as "Jinkaige Company"). The contract stipulates that the plaintiff will lend Kishio Company RMB 59 million, with a monthly interest rate of 12.078‰ and a loan term of 10 months, and this loan is guaranteed by Jin Kaige Company, which issued an irrevocable guarantee. After the contract was signed, the plaintiff transferred RMB 59 million to Kishio's account in accordance with the contract. However, the two defendants failed to fulfill their repayment and guarantee obligations under the contract, and as of July 20, 1997, they still owed the plaintiff the principal of the loan of 57 million yuan, and the interest and penalty interest of 18.66 million yuan. The plaintiff sued this court after several unsuccessful collections, requesting that the two defendants be ordered to repay the principal and interest of the loan and bear the litigation costs.

Another investigation: The real user of the loan of Kishio Company is Shenzhen Anyan Automobile City Co., Ltd. (hereinafter referred to as Anyan Company), because the loan was actually invested in the development and construction of "Anyan Automobile City". On September 20, 1997, Anyan Company sent a letter to this court, stating that if Kishio Company could not repay the loan by August 30, 1998, when the bank was due, our company promised to hand over part of the property of "Anyan Auto City" as collateral for repayment and the bank would handle the repayment of the debt. Accordingly, on October 16, 1997, the plaintiff applied to this court to add Anyan Company as the defendant.

This court held that the secured loan contract signed by the plaintiff with Kishio Company and Jin Kaige Company was true and valid in accordance with the law. Anyan Company shall repay the principal and interest of the plaintiff's loan and bear the responsibility for paying the overdue interest. Kink-Vegger should also fulfill its guarantee obligations. The plaintiff's addition of the loan user, Anyan Company, as the defendant in this case is sufficient evidence, based on law, and should be supported. Therefore, Anyan should be jointly and severally liable for the performance of the above-mentioned debts.

During the trial of this case, after mediation presided over by this court, the parties voluntarily reached the following agreement:

1. Kishio Company still owes the plaintiff the principal amount of the loan of RMB 57 million, as well as interest and overdue interest (interest and overdue interest are calculated in accordance with the relevant regulations of the People's Bank of China) and should be repaid.

The above amount shall be repaid by 5 million yuan by 30 December 1997, 10 million yuan by the 30th day of each month thereafter, and repaid by 30 May 1998.

2. Jin Kaige Company shall be jointly and severally liable for the debts incurred before August 30, 1997.

3. Anyan Company shall be jointly and severally liable for the debts owed to the plaintiff by Kishio Company.

4. The acceptance fee of RMB 388,300 in this case shall be borne by Anyan Company (the plaintiff has paid in advance and will not be refunded, and Anyan Company will pay the amount to the plaintiff within 10 days after the effective date of this mediation statement).

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 1997

Clerk: Wang Chunhua (acting)

Official: You don't know if you have noticed that in the listing of the second defendant in the "second" of the above legal documents, Shenzhen Jinkaige Development Co., Ltd., there is no written expression of domicile. This was not the negligence of the judge or the clerk, but the fact that the company had no permanent residence. The reason for this is, on the one hand, to avoid debts, especially to avoid debt collection by courts at all levels. In this way, it would not be convenient to tell the court the address in relation to it in a separate case. On the other hand, in order to save costs, the company quit its original office and rented a house in Meilin Village instead, where Zhou Kaige's food and accommodation and the company's office are located. His activities have shifted from being open to "secret". Every day, he relies on a mobile phone and can find anyone, but if others want to find him, it depends on whether he is willing or not.

You see, Zhou Kaige was in such a situation, and in the process of court mediation, he also came with a second kick, which made people think silly for a while. This is the ability of profiteers. (To be continued.) )