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[Profiles] from 1992 until March 1994.A subsidiary of the asbestos mine in bank loans owed B 2.755 million yuan.A company on March 22, 1994 and signed a bank loan secured B of the agreement.A company by mutual agreement between the mining of asbestos in the one-off secured loans 2.755 million yuan.The agreement is valid from the date of signature date of the borrower to repay the loan plus interest.,A company on August 17, 1995 issued to the banks B "on the asbestos mine in the ceiling of bank loans guaranteed by the letter".The letter said, "As far away from the city-owned asbestos mines, sporadic poor security spent much time and effort.A decision on asbestos mining company with a new round of the loan limit your security,From now totaling two million yuan loan from the corporation to give some credibility within the security. secured over a period of one year.from the loan date. "November 14 deadline, asbestos ore to a bank loan of 44 B T, totaling 2.89 million yuan.July 20, 1996, B bank signed a loan contract with the asbestos mine.B 500,000 yuan liquidity in the banks agreed to provide loans, the interest rate of 10.65%.Since the loan period of July 20, 1996 to December 30, 1996.Among them, on July 20, 1996 borrowings 150,000 yuan, 350,000 yuan on August 20 borrowers.November 30 return of 200,000 yuan, 300,000 yuan on December 30 return.B bank met on July 23 in the asbestos mine lent to 150,000 yuan, 200,000 yuan lending September 9,August 20 the same year, the bank B. asbestos mine and signed a 289 million loan contract.agreed lending rate to 10.98%, for a period of one year.Since August 20, 1996 to August 20, 1997.Meanwhile,A company on August 20 above 500,000 yuan and 289 million B loan and bank guarantee contracts were signed.bear joint commitment of 500,000 yuan loan guarantees.289 million of guarantee in the contract explicitly guarantee only two years after the expiration of the period for borrowers.If the borrower is unable to pay back the principal and interest of the borrower, the guarantor should also be guaranteed,Regular unconditional behalf of the borrower to repay the principal and interest.On the same day the contract is signed by the borrower, B bank accounts using special adjustment made under summons,and the reasons for transfer of the column marked "transferred from the camp to a 1995 asbestos mine in the 1992 block loans 44 Total 289 million.re-signed loan contracts by mutual agreement and procedures for ensuring security. "The special accounts will be a joint summons to asbestos ore.December 23 the same year.B asbestos mine in the bank lending balance owed on the billing stamped authorized to December 20, 1996 loans owed 324 million.416785.02 yuan loan interest owed., B bank made 1.8 million of interest owed to asbestos ore haulers handle.August 11, 1998, a grassroots people's courts to asbestos ore for bankruptcy.B creditor banks in November to the court to declare the principal 326 million in interest 1869298.49 yuan.Court to February 9, 1999 (1999) by breaking its word on the 1st civil ruling found asbestos mine declared bankruptcy,The third order of creditors liquidity ratio is zero.The same year, on December 22, B Company A of asbestos mining on the banks of the principal secured 324 million.Interest Payment Order 985472.65 yuan applications.A company on January 15, 1999 to submit a written objection to the people's court said : Payment Order"July 23, 1996, August 20, 1996 and September 9, 1996.asbestos from the mine to be objections to provide security guarantees to borrowers who object to 150,000 yuan, 289 million yuan and 200,000 yuan.a total of 3.24 million yuan. In addition, the Division I interest to 434289.26 yuan.people with objections interest 985472.65 551183.39 yuan per month. "To this end, Bank B on April 28, 1999 in the province's Higher People's Court to file a lawsuitA joint request of the borrower to ensure these companies bear responsibility. a [court] A to B Company secured bank loan principal repayment of asbestos ore 324 million.416706.35 yuan interest on the loan period.2.A payment of 324 million Delinquency (rate of overdue loans in the same period by the People's Bank of China. Among them,150,000 yuan, 200,000 yuan and 289 million respectively, from December 23, 1996, September 9, 1997.starting August 21, 1997 to the date of payment) to B bank. The above fundsSince the verdict on the 10th day after the date of service pay.Late payments by the "PRC Civil Procedure Law," the 232nd of the provisions.Analysis of [legal] case focused on two controversial issues : one, as a guarantor of the company,Proper secured the main qualifications?2, the Agricultural Bank paid special summons to the new loan will be repaid in the old loan, contrary to the true meaning of the sponsors,guarantee the validity of the contract?According to the "security law," the state institutions, schools, hospitals, kindergartens and other institutions with a public purpose.community groups, are not without legal authorization branch as a guarantor.In this case, a company is in the process of restructuring, a company formerly the Bureau of Reclamation,The government has not reformed its institutions sequence, and can be held civilly liable for the independent legal entity.A security company it does not meet the qualifications are not valid.The case also reminded the bank's staff of legal system and the nature of enterprises and institutions, have a correct understanding of the system.Georgia does not avoid the main sponsor, with the result that secured the contract invalid, secured dashed.According to the "General Principles of Civil Law," the "Contract Law", "security" and other relevant laws and regulations relating to the violation of the voluntary principle,contrary to the true meaning of the guarantor to fraud, coercion and other means to sign a security contract invalid.In this case, a claim that theB after the contract is signed authorization to special bank accounts in the form of new loans summons for the return of old loans.A company is unaware of this as a guarantor of the security responsibility of the guarantor shall be waived.In fact, as the higher level of the unit in charge of the asbestos mining companies could not have been unaware of a borrower's actual use of asbestos ore.Agricultural Bank is in fact the practice of reducing a company's overall liability.Later in 2002 for a period of more than a company has not raised objections.thus secured a contract signed between the company and the Agricultural Development Bank should be said that their true meaning.A new use for old company with no knowledge of the Agricultural Bank constitutes fraud.secured the contract invalid grounds to refuse to shoulder the responsibility to ensure the grounds of appeal could not be substantiated.Agricultural Bank paid special summons to the new loan to repay the old loans, in breach of loan contracts?A company in the appeal as follows :B asbestos mine in the bank on August 20, 1996, signed by 289 million loan contract.The purpose is to help asbestos mine production operations to avoid bankruptcy.B bank fraud methods to release the name of new capital loans for real old.so contrary to the real meaning of asbestos ore signed a loan contract with which indicated that the act is found to be invalid.In this case, the real controversy is whether there is asbestos mine and B bank loan to repay old loans to the new common intent.After the signing of the contract, B special bank accounts to the new loans to repay old loans to the summons.specify the reasons for the special accounts will be transferred to the summons of the joint bank account asbestos mine,This does not object to asbestos ore.After over two years in terms of time,A asbestos mine, and neither of B Company obligations to the non-performing loans raised any objection.(For whatever reason,This is the major mistake) evidence that the two sides have made changes to the substance of loan contracts,There subjective parties in new loans to repay old loans to the common meaning,The contract also does not violate the country's laws or administrative regulations should be identified legitimate and effective.
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