Recently, careful of white cloud court writtened guarantee case of series of dispute of 21 loan contract, this batches of cases involve 81 the accused in all, the forehead of litigant mark is as high as 158 million yuan, adjudicate 81 the accused are assumed each other finally assure jointly responsibility.
Basic details of a case
Since 2014, the member of the chamber of commerce of some flowers and trees that comes from Fosan city includes company, partner and family member to wait add up to 81 the accused, with the accuser of this series case subbranch of a bank of some white cloud was signed " couplet of chamber of commerce is borrowed aid defend agreement of loan business cooperation " (the following abbreviation " couplet defends an agreement " ) , 21 borrower that are this chamber of commerce (all be this case the accused) signed loan agreement is made assure. Because borrower fails to remand,expire loan, some Bai Yun raises accuser to add up to borrower and security all right 81 the accused appeal to to the court. Number of this series case is total 21, the amount amount of litigant mark achieves 158 million yuan.
Couplet protects an agreement to agree highest loan specified amount is spent it is 250 million yuan, amount of sheet door loan does not exceed 20 million yuan, offer joint liability to assure to assure by security.
In lawsuit, security expresses to treat unjustly in succession. Obviously oneself are not actual borrower, because,be only " great kindness is difficult however " , protect an agreement to go up in couplet merely " signed " , did not enjoy any benefits completely, how be about to assume so tremendous assure responsibility?
The court thinks
1, borrower should refund capital and pay interest. Subbranch of a bank of some white cloud and 21 borrower sign accuser " loan contract " the true meaning that is each party expresses, those who do not have lawbreaking, administrative regulations is mandatory regulation, lawful and effective, each just should be scrupulouslied abide by fulfill, the loan contract between both sides holds water lawfully. Subbranch of a bank of some white cloud already provided prosecutor according to it loan, each borrower should fulfil reimbursement obligation as scheduled by contract agreement. But 21 borrower did not fulfil reimbursement obligation on schedule according to it, borrower of reason accuser requirement repays principal of the rest loan and the litigant request that by the contract the agreement pays accrual to stop to the day that pays off actually, accord with bilateral contract agreement, give affirm.
2, each security is assumed assure responsibility jointly. Security is in " highest forehead assures a contract " in the meaning that all makes afore-mentioned pair of debt assume responsibility of implicative pay off expresses, and " loan contract " conventional debt expires debtor not on time full specified amount is fulfilled, each security should be in assure to be assumed inside limits assure responsibility, afore-mentioned agreements are accuser and the true meaning of afore-mentioned the accused express, and the regulation of not lawbreaking, code. Reason advocates to accuser the accused assumes the position of responsibility of implicative pay off to afore-mentioned debt, have legally according to, give support.
3, accuser is enjoyed to impawn bail preferential authority sufferring countervail. " bail impawn contract " the agreement should borrow money exceed the time limit when 5 weekday, accuser has authority to buckle delimit bail go ahead of the rest repays principal and interest of loan of exceed the time limit. Reason accuser sues a requirement to undertake delimiting buckling to bail account, have to the impawn bail of bail account preferential the right that gets countervail, accord with bilateral agreement, give support.
Forensic court decision
The court adjudicates 21 borrower remand loan principal and accrual, total security is right of afore-mentioned debt assume responsibility of implicative pay off, the bank can undertake delimiting buckling to bail account, have to the impawn bail of bail account preferential the right that gets countervail.
In practice, we often see such ad: "Need not mortgage! The companionate combination of a deal is done assure, can obtain big loan easily! " these advertisement are attracted especially a few because loan is the medium and small businesses with difficult and in short supply capital, individual,often manage door, need not house property or other guaranty, want to be recommended via chamber of commerce only, member of other chamber of commerce is guarantor, can obtain bank loan easily. Then, ecbolic the couplet that gives a few is protected model chamber of commerce, security serves as each other between the member, got fixed capital goes operation, expand oneself enterprise, but potential risk also nots allow small gaze. Once borrower on time refund, security must assume responsibility of implicative pay off. At the outset when financing " help all alone " , cause capital catenary to rupture instead finally " fuse " .
Couplet protects the couplet in the agreement to keep a person, itself also is borrower. Certain larger chamber of commerce, the amount that its couplet defends often is compared tremendous, once the phenomenon of reimbursement of intermediate occurrence exceed the time limit, often can spread to the member of whole chamber of commerce. "What does myself borrow money to still have to use on time? The other borrower that in the end still is not chamber of commerce wanting a side is assumed assure responsibility! " all security that then this kind of general mood that does not return money can spread very quickly to couplet to defend an agreement, in the end, the capital of reimbursement of exceed the time limit and interest are larger and larger, the balloon that this couplet protects is met very easily " explosion " .
Similar this series case, the signed couplet such as the major member of this chamber of commerce, legal person and partner defends an agreement, the loan amount of some members has actually only millions of yuan, but because they were signed highest assure 200 million yuan couplet defends amount agreement, in the end needs to bear 200 million yuan liability likely, exceeded oneself far repay ability.
The judge reminds: Borrow money to solve individual, medium and small businesses the question with assure difficult, difficult and the couplet of chamber of commerce that hold water guarantees a group, take the loan that embrace a group, kind that assures each other, individual or difficult problem of loan of medium and small businesses were solved on certain level, but once borrower fails on schedule reimbursement, usurer has authority to call in loan principal and interest, ask security is assumed assure responsibility jointly, cause contradictory dispute extremely easily. Because this reminds, the construction of the enterprise should be by small arrive to accumulate a process greatly, do not have an insatiable desire for blindly beg greatly fast, bring about capital catenary finally to rupture, influence industry runs development. In the meantime, social masses is in daily and leasehold relation, should assure related detailed knowledge regulation and responsibility, mature oneself economy supports the reimbursement ability of ability and borrower, careful choice assures means, especially couplet maintains pattern, avoid injury and oneself.
