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[Profiles] October 15, 1997.Company A and Company B and its trust fund 97,041 Rongji signed a loan contract.Trust funds : B agreed to provide loans to a company 36.5 million yuan earmarked as a source of liquidity.Period of six months from October 29, 1997 to April 29, 1998, 10.098% per annum.If a company does not return the loan by the date stipulated in the contract, Company B the right to charge a deposit account borrowers.Return overdue loans, according to the number of days overdue and the loan contract rates rose another 20% penalty;If more than three months overdue, according to 50% of the loan interest rate increases the penalties.C Company issued an irrevocable guarantee on the contract,commitment to the borrower for whatever reason, not to pay the loan principal and interest to be paid by fine,B unconditionally to the company to pay.The same day, with Company A and Company B deposits also signed a trust agreement, agreed :Company A and Company B to 16.5 million yuan deposit, the deposit period of six months,Since October 29, 1997 to April 29, 1998.the demand deposit interest rates by the People's Bank of China, which is calculated at the rate of 1.98%.A company can spend time deposits in the deposit, a company commissioned by the expiration of Company B and paid for repayment.After the signing of these two contracts, and Company B to fulfill their contractual obligations,A loan to the company 36.5 million yuan.After the contract's expiry, a company on April 29, 1998 16.5 million outstanding principal.The deadline to pay the principal and 36.5 million yuan on March 20, 1998 the interest on the unpaid balance so far.C companies not to honor the bond obligations, Company B, to give them the money and recover the cost incurred.to file a lawsuit with the people's court to order a company request to return the principal and interest of loans outstanding 22121042,A C to the company to repay these debts bear joint responsibility and bear the cost of litigation.Another learned that Company B in the October 29, 1997 effective lending to a company 20 million yuan.Another 16.5 million still remain in the B companies.March 20, 1998.A company 36.5 million yuan loan contract period to pay interest on the subject of 1.330824 million yuan.[Judgment] a hospital, Company A and Company B loan principal payments 19.678976 million yuan.and it paid penalties (since April 29, 1998 until the date of payment.Late standard repayment penalties on the same period by the People's Bank of China late penalties).Second, the C of the above companies are jointly and severally responsible for repayment; 3.these payments within 10 days after the judgment in the matter of payment.Late in accordance with the "PRC Civil Procedure Law," the 232nd of the regulations. Analysis of [legal] case,Company A and Company B on the same day and signed a loan contract and a deposit contract the same period,contractually agreed period of time deposits and deposits can not be used to deposit a company.A company commissioned by the expiration of B and the company paid for repayment.Analysis of two contracts, the company is taking advantage of their dominant position B, will deposit an additional contracts as loan contracts,purpose is to circumvent the law, access to the savings deposit interest rate and loan interest for the shortfall.According to the relevant provisions of China's "Civil Code", a party to fraud, coercion or the means insecurity.against each other so as to the real meaning of the case to cover up illegal purposes legitimate form of civil invalid.Company B to circumvent the law, illegal access to the interests of the civil shall be null and void.In the lending process, equal legal status of borrowers and lenders have their own rights and obligations.Loans in the exercise of their rights and obligations must be carried out according to law shall be without prejudice to the interests of the borrower.Withholding interest rate mention of trespass, unauthorized debit, pre debit repeated interest-bearing in such operations will not only harm the security of bank loans.additional bank lending will increase the risks.
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