First, the introduction of the case

The automobile company of the plaintiff

The defendant in an automobile factory, Jiangsu company

Summary: enterprise loan disputes

Case: 2000 year in August, the plaintiff and the defendant in an automobile factory signed the "loan contract", the plaintiff agreed: a car plate factory, 6000000 yuan to the defendant for two years, from August 31, 2000 to August 31, 2002. After signing the contract, the plaintiff will loan 6000000 yuan for a car plate plant of the defendant, after the expiry of the contract, a car plate factory fails to perform the obligation of repayment.

In September 30, 2002, a Jiangsu Corporation to a car company issued a "letter of commitment", states: their jurisdiction automobile plate factory owes a car company 6000000 yuan, by a Jiangsu company responsible for the return, the repayment time for 2002 November. On the same day, a car plate factory also to a car company issued a "letter of commitment", said the automobile companies to borrow 6000000 yuan, in batches in the end of 2002 to return. The two defendants were not as promised, repay. We told to the original court. Claim: 1, ordered the two defendants to pay the arrears of 6000000 yuan; 2, order the two accused in this case all the costs of litigation.

　　Two, the court

An automobile company is a non bank financial institutions, signed with a car plate plant of the loan contract, in violation of the relevant state financial laws, should be recognized as invalid contract. According to the principle of the contract, the car plate factory should return an automobile company owed 6000000 yuan. Jiangsu company to an automobile company issued a letter of commitment of the repayment, recognize the behavior is a holding company of Jiangsu volunteered to fulfill the responsibility of repayment. Because Jiangsu is a group company and a car plate factory is not agreed repayment share, so a group in Jiangsu, and a car plate factory should bear joint responsibility for repayment. A court judgment, the plaintiff: a car plate plant of company and the defendant in an auto loan contract signed invalid; a car plate factory two, the defendant and the Jiangsu company in ten days after the entry into force of the decision to the plaintiff in an automobile company six million yuan.

　　Three, the relevant legal issues involved in the case

1, the third party of the contract

The contract is the contract third party and one party or both parties have certain legal relations, rights and obligations, the specific behavior of parties to the contract or other position by behavioral contract Party of the independent civil subject. The third forms of contract in law on the diversity, there are five main categories: the first category is the contract involves third people. The main manifestation of the class in the third party in the contract, both parties agree that the contract by the obligor Party: Xiang Disan. This kind of contract is generally in the insurance industry, transportation industry, trust industry. The second category is the third person to perform the contract. The third one mainly refers to the performance of the contract related to the party, to a certain extent, the right of contract or contract obligation to the people. China's contract law sixty-fourth, 65 involved in performing third people: one is the parties from the third person shall perform the debt; the two is the parties agree that the debtor to fulfill the debt of third people. The third category is the contract rights third compulsory transfer of. These third people mainly as follows: first, the main parties to the contract the right change in base does not alter the contents of the contract obligations and maintain the original contract relationship; the two is the main changes to the contract, that contract rights or obligations to transfer the contract rights or obligations to third people. The fourth category is the third person in the contract preservation. The fifth category is the contract violations to the third person.

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