Trial court:Dalian Shahekou District People's Court

Case No:(2022) Liao 0204 Min Chu No. 7895

Cause of action:Disputes over financial loan contracts

Date of Referee:January 12, 2023

Dalian Shahekou District People's Court

civil judgment

(2022) Liao 0204 Min Chu No. 7895

Plaintiff: Dalian Branch of Fuxin Bank Co., Ltd., domicile of Convention and Exhibition Road, Shahekou District, Dalian CityNo. 99, unified social credit code: 91210200576056250E.

Person in charge:Min Mouyong, President.

Authorized agent ad litem: Shang Cun, lawyer of Liaoning Mingchang Law Firm.

Agent ad litem: Sun Hongfeng, lawyer of Liaoning Mingchang Law Firm.

Defendant: Dalian Derui Zhonghe Trading Co., Ltd. has its domicile in Qingxi South Street, Zhongshan District, Dalian City.No. 169, Unit 3, Floor 5, Unit 1, Unified Social Credit Code: 91210200554991125N.

Legal Representative:Wang Mourong.

Authorized agent ad litem: Yang Mingming, lawyer of Liaoning Tianying Law Firm.

The accused:Zhao Mouhui, female,Born on September 19, 1983, Han, lives in Zhongshan District, Dalian City, Liaoning Province.

Authorized agent ad litem: Yang Mingming, lawyer of Liaoning Tianying Law Firm.

The accused:Wang Mourong, female,Born on January 11, 1977, Han, lives in Zhongshan District, Dalian City, Liaoning Province.

Authorized agent ad litem: Yang Mingming, lawyer of Liaoning Tianying Law Firm.

The accused:Jiao Mou Gang, male,Born on July 24, 1959, Han, lives in Zhongshan District, Dalian City, Liaoning Province.

Authorized agent ad litem: Yang Mingming, lawyer of Liaoning Tianying Law Firm.

The accused:Liu Mouxia, female,Born on August 25, 1957, Han, lives in Zhongshan District, Dalian City, Liaoning Province, and is currently detained in Huludao City Detention Center.

The plaintiff Fuxin Bank Co., Ltd. Dalian Branch and the defendant Dalian Derui Zhonghe Trading Co., Ltd,Zhao Mouhui,Wang Mourong,Jiao Mou Gang,Liu MouxiaFinancial loan contract dispute case, the Court in.After the case was filed on August 12, 2022, a collegial panel was formed in accordance with the law and the trial was conducted in public. The plaintiff Fuxin Bank Co., Ltd. Dalian Branch's entrusted litigation agent still exists, the defendant Dalian Derui Zhonghe Trading Co., Ltd,Zhao Mouhui,Wang Mourong,Jiao Mou GangYang Mingming, the litigation agent jointly entrusted by the court, attended the lawsuit. The accusedLiu MouxiaHe did not attend the trial. The case has now been closed.

The plaintiff, Dalian Branch of Fuxin Bank Co., Ltd., filed a claim with the Court:1. The defendant Dalian Derui Zhonghe Trading Co., Ltd. immediately repaid the plaintiff's loan principal of 33000000 yuan and paid interest, penalty interest and compound interest to the plaintiff according to the interest rate agreed in the Unit Working Capital Loan Contract until the date of repayment of the loan principal and interest (the interest as of May 19, 2022 is 792715 yuan);2. DefendantWang Mourong,Jiao Mou Gang,Liu MouxiaFor the No.1 request for joint and several liability; 3. The plaintiff is liable for the defendant.Zhao MouhuiName is located in Dalian Economic and Technological Development ZoneThe mortgaged house of x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x. Facts and Reasons: On December 23, 2021, the plaintiff and the defendant Dalian Derui Zhonghe Trading Co., Ltd. (hereinafter referred to as Derui Zhonghe Company) signed a Credit Line Agreement. The agreement stipulates that the plaintiff agrees to provide the defendant Derui Zhonghe Company with a maximum credit line of 33 million yuan for working capital loans. The credit line can be recycled, and the credit line period is from December 23, 2021 to December 22, 2022. To ensure the realization of the claim, on December 23, 2021, the plaintiff and the defendantZhao MouhuiSigned the Maximum Mortgage Contract, which stipulates that the defendantZhao MouhuiWith all its located in Dalian Economic and Technological Development ZoneThe house of XXX Road XXX XXX XXX assumes the guarantee responsibility for the defendant Derui Zhonghe Company within the maximum balance of the credit 33 million yuan. After the signing of the contract, both parties registered the real estate mortgage on the above-mentioned mortgaged houses. On December 23, 2021, the plaintiff and the defendant respectivelyWang Mourong, the accusedJiao Mou GangandLiu MouxiaSigned by each1 "Maximum Guarantee Contract", the contract stipulates that the three defendants shall provide a maximum guarantee of not more than 33 million yuan (principal) for a series of debts of the defendant Derui Zhonghe Company under the main contract, and the way to assume the guarantee liability is joint and several liability guarantee. On December 23, 2021, the plaintiff and the defendant Derui Zhonghe Company signed the "Unit Liquidity Loan Contract", which agreed that the plaintiff would issue a loan of 33 million yuan to the defendant Derui Zhonghe Company. The purpose of the loan was to borrow the new and repay the old, and the loan period was 12 months. After the signing of the above-mentioned contract, the plaintiff issued all the loans to the defendant in accordance with the contract, and the defendant failed to repay the loan interest in full and on time as agreed in the contract, which constituted a breach of contract. In order to safeguard the legitimate rights and interests, the plaintiff sued to the court.

The defendant, Dalian Derui Zhonghe Trading Co., Ltd., argued that it did not agree with all the plaintiff's claims. There is no working capital loan contract relationship between the plaintiff and the respondent, the actual situation of the loan is that the respondent in order to resolve its own non-performing loans for the plaintiff, only now the litigation dispute. The loan requested by the plaintiff is.Continuation of the loan business in 2016. At the end of 2016, the plaintiff found a respondent to resolve its own non-performing loan business, hoping that the respondent would be able to acquire the plaintiff's non-performing loans to reduce the non-performing rate. On December 21, 2016, the respondent, in accordance with the plaintiff's instructions, passedZhao MouhuiThe account will* * * * * * * *. 25 yuan paid to the plaintiff, the plaintiff received the money, will be located in Dalian Economic and Technological Development Zone x x x road x x x x x x house (that is, the case of loan collateral) to the respondent, the respondent entrusted.Zhao Mouhuiheld on behalf.On January 24, 2017, in order to solve the financial problem of the respondent helping the plaintiff to solve the non-performing loan, the plaintiff issued a 33 million yuan loan to the respondent, and the collateral was the aforementioned houses No. 25-1 and No. 2 Danfeng Road. The loan has been reversed several times for this claim. The respondent to the loan has paid the bank a total of about 7801360.34 yuan, plus the 34846296.25 yuan paid by the respondent in advance, and the respondent has paid a total of 42647656.59 yuan. Because the respondent's affiliated company still has other loans from the plaintiff, in order to support the plaintiff's work, because the plaintiff has paid nearly 10 million yuan more in this business, we hereby urge the court to offset the principal of other business loans owed by the respondent's affiliated company to the plaintiff. To sum up, the respondent is to cooperate with the plaintiff to deal with its own bad, the two sides do not have a loan contract relationship.

The accusedZhao MouhuiArguing, agreeing to the defense of the defendant Dalian Derui Zhonghe Trading Co., Ltd. and agreeing to transfer Danfeng RoadHouses 25-1 and 2 were returned to the plaintiff.

The accusedWang Mourong,Jiao Mou GangCommon argument, agree with the defendant Dalian Derui Zhonghe Trading Co., Ltd. reply.

The accusedLiu MouxiaIn the investigation record of our court, it was argued that there was no objection to the plaintiff's claim and the evidence provided. Because I was detained in Huludao detention center and was unable to participate in the trial, he gave up the right to appear in court and agreed to the trial in absentia.

According to the statements of the parties and the evidence confirmed after examination, the court finds the facts as follows:

On December 23, 2021, the plaintiff (credit bank) and the defendant Dalian Derui Zhonghe Trading Co., Ltd. (credit applicant) signed the Credit Line Agreement, agreeing that the plaintiff will provide the defendant Dalian Derui Zhonghe Trading Co., Ltd. with a credit line of 33 million yuan, which is applicable to working capital loans, with an annual interest rate of 6.09, a maximum term of 12 months for a single business, and the credit line can be recycled. The quota period is from December 23, 2021 to December 22, 2022.

On the same day, the plaintiff (mortgagee, Party A) and the defendant.Zhao Mouhui(Mortgagor, Party B) sign the Maximum Mortgage Contract, agreeing that the mortgaged property is the defendant.Zhao MouhuiThe name is located in Dalian Economic and Technological Development Zone.x x x x x x x x x x x x house, the scope of mortgage guarantee includes the amount of the main creditor's right, interest (including normal interest, penalty interest, compound interest), liquidated damages, damages, exchange rate loss, other payments that the debtor should pay to Party A (including but not limited to the relevant handling fees paid by Party A), attorney's fees incurred in realizing the mortgage and other expenses incurred in realizing the mortgage (including but not limited to legal fees, arbitration fees, warranty fees, travel expenses, assessment fees, auction fees, public fees etc), however, other expenses incurred in realizing the mortgage shall first be deducted from the proceeds of the realization of the mortgage and shall not be included in the maximum balance stated in the 1.1. On December 28, 2021, both the plaintiff and the defendant registered the mortgage for the property involved in the case, and the plaintiff obtained the real estate registration certificate. The mortgage registration order of the above-mentioned properties is the second order.

On the same day, the plaintiff (Party A, creditors) and the defendant respectively.Jiao Mou Gang,Liu Mouxia,Wang Mourong(Party B, guarantor) sign the Maximum Guarantee Contract, agreeing that Party B is willing to provide a guarantee to Party A for the above-mentioned claims within the maximum amount of the claims, and the maximum amount of the secured claims is.33 million yuan, the period of occurrence of the guaranteed main creditor's right is December 23, 2021 to December 22, 2022; The scope of guarantee includes the principal of the main creditor's right, interest (including normal interest, penalty interest, compound interest), liquidated damages, damages, exchange rate losses, and the cost of realizing the creditor's right (including but not limited to legal fees, arbitration fees, preservation fees, travel expenses, evaluation fees, auction fees, notary fees, announcement fees, attorney fees, etc.). Party B shall bear the joint and several liability guarantee, and the guarantee period shall be three years from the day following the expiration of the loan period under the independent contract.

On the same day, the plaintiff (lender) and the defendant Dalian Derui Zhonghe Trading Co., Ltd. (borrower) signed the "Unit Liquidity Loan Contract", agreed to borrow amount.33 million yuan, the purpose of the loan is to borrow the new and repay the old, the loan period is 12 months. The annual interest rate is 6.09 per cent, and the default interest rate for overdue principal, the compound interest rate for overdue interest, and the compound interest rate for overdue default interest are added to the original borrowing rate by 50 per cent. The repayment method is to repay the monthly interest, the interest repayment frequency is 3 months, a repayment of the principal. The contract also provides for other rights and obligations of both parties.

After the contract was signed, the plaintiffOn December 29, 2021, the loan of 33 million yuan was issued to the defendant Dalian Derui Zhonghe Trading Co., Ltd., the loan note stated that the annual interest rate was 6.09 per cent and the penalty interest rate was 9.135 per cent. The maturity date of the loan is December 22, 2022. After the loan, the defendant Dalian Derui Zhonghe Trading Co., Ltd. failed to repay the principal and interest of the loan as agreed in the contract. As of May 19, 2022, the defendant Dalian Derui Zhonghe Trading Co., Ltd. still owed the plaintiff 33 million yuan in loan principal and 792715 yuan in interest. As of October 8, 2022, the defendant Dalian Derui Zhonghe Trading Co., Ltd. still owed the plaintiff 33 million yuan in loan principal and 1585430 yuan in interest. On October 26, 2022, the defendant Dalian Derui Zhonghe Trading Co., Ltd. repaid the plaintiff's loan principal of 50000 yuan. As of December 5, 2022, the defendant Dalian Derui Zhonghe Trading Co., Ltd. still owed the plaintiff's loan principal of 32.95 million yuan and interest of 1908868.21 yuan.

another check,On July 29, 2022, the plaintiff proposed property preservation to the court, for which the plaintiff paid a preservation fee of 5000 yuan.

The above facts are based on the complaint provided by the plaintiff, Credit Line Agreement, Maximum Mortgage Contract, Maximum Guarantee Contract, Unit Working Capital Loan Contract, Loan receipt, Public Current Transfer Bill, Customer Detailed Statement, Interest Arrears, Civil Ruling Letter, Preservation Fee Receipt, Loan Repayment Certificate, the investigation record of the court and the statement records of both parties of the original and the defendant in court, and after the cross-examination in court and the examination of this court, it should be accepted.

The Court believes that the plaintiff and the defendant Dalian Derui Zhonghe Trading Co., Ltd,Zhao Mouhui,Wang Mourong,Jiao Mou Gang,Liu MouxiaThe signed "Credit Line Agreement", "Maximum Mortgage Contract", "Maximum Guarantee Contract" and "Unit Liquidity Loan Contract" are all true intentions of the parties, and the contents of the contract do not violate the mandatory provisions of national laws and administrative regulations, and are legal and effective. The plaintiff granted a loan to the defendant Dalian Derui Zhonghe Trading Co., Ltd. in accordance with the contract.33 million yuan, the defendant Dalian Derui Zhonghe Trading Co., Ltd. shall perform the repayment obligation according to the contract, but the defendant Dalian Derui Zhonghe Trading Co., Ltd. failed to repay the principal and interest of the loan on time, and its behavior has constituted a breach of contract and shall bear the corresponding liability for breach of contract. Now the plaintiff requires the defendant Dalian Derui Zhonghe Trading Co., Ltd. to repay the reasonable part of the loan principal, interest, penalty interest and compound interest according to the plaintiff.

With regard to the plaintiff's claim that the defendantWang Mourong,Jiao Mou Gang,Liu MouxiaThe defendant's request for joint and several liability for the debts of the defendant Dalian Derui Zhonghe Trading Co., Ltd.Wang Mourong,Jiao Mou Gang,Liu MouxiaBoth signed the "Maximum Guarantee Contract" with the plaintiff, and both agreed to assume joint and several guarantee liabilities. Therefore, the court supports the plaintiff's request.

On the plaintiff's claim against the defendantZhao MouhuiThe defendant, in accordance with the Maximum Mortgage Contract, has a request for priority compensation for the house that provides the mortgage.Zhao MouhuiIt is located in Dalian Economic and Technological Development ZoneX x road x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x.

The defendant, Dalian Derui Zhonghe Trading Co., Ltd,Zhao Mouhui,Wang Mourong,Jiao Mou GangAlthough the defendant provided evidence such as a detailed list of transactions to prove the defense opinions put forward, the evidence provided by the defendant was not sufficient to prove his claim. Therefore, the court did not accept the defense opinions put forward by the defendant.

To sum up, in accordance with Articles 394, 509, 577, 674, 675, 676, 688 of the the People's Republic of China Civil Code, and the Supreme People's Court on ApplicationAccording to Article 90 of the Interpretation of the the People's Republic of China Civil Procedure Law and Article 147 of the the People's Republic of China Civil Procedure Law, the judgment is as follows:

The 1. defendant Dalian Derui Zhonghe Trading Co., Ltd. shall repay the principal of the loan of the plaintiff Fuxin Bank Co., Ltd. Dalian Branch within ten days from the effective date of this judgment.32950000 yuan and the interest of 1908868.21 yuan as of December 5, 2022, and from December 6, 2022, the interest, penalty interest and compound interest shall be paid to the plaintiff according to the interest rate standard stipulated in the Unit Liquidity Loan Contract until the date of full repayment of the money;

2. defendantWang Mourong,Jiao Mou Gang,Liu MouxiaTo assume joint and several liability for the above-mentioned debts of the defendant Dalian Derui Zhonghe Trading Co., Ltd. within the scope of the maximum guarantee;

3. plaintiff to defendantZhao MouhuiThe mortgage is located in Dalian Economic and Technological Development Zone.The house of x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x;

4. dismiss the plaintiff's other claims.

If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the period of delayed performance shall be doubled in accordance with the provisions of Article 260 of the the People's Republic of China Civil Procedure Law.

Case acceptance fee210764 yuan, preservation fee 5000 yuan (the plaintiff has been prepaid), by the defendant Dalian Derui Zhonghe Trading Co., Ltd,Zhao Mouhui,Wang Mourong,Jiao Mou Gang,Liu MouxiaShared burden, payment time is the same as above.

If you are not satisfied with this judgment, you can submit a petition of appeal to this court within 15 days from the date of service of the judgment, and submit a copy according to the number of the other party, and appeal to the Dalian Intermediate People's Court of Liaoning Province.

Presiding Judge Li Lili

People's juror Yin Chaoying

People's juror Li Ping

January 12, 2003

Clerk Zou Ruoyun