Business case analysis:

   Financial institutions as creditors and lenders agreed to repay the lender to the new loan Associate Company new old loan, its nature is still owing on the loan. New - and old loans are not the same guarantor, in addition to the new credit guarantee people know or should know, the guarantor shall not bear civil liability.

Case synopsis:

   In 1999, bank loans to Industrial Company 2000000 yuan for the conditions, agreed to by the industrial company to the bank loan of US $3090000 and separately, by industrial companies on behalf of their Associate Company products formed during 1995 to 1997 the old loan repayment. The old loan guarantee system construction company, the new loan guarantee system construction, steel pipe factory. Steel pipe factory the loan guarantee contract display borrowing "capital turnover".

The court thought:

  Banks and industrial companies, products company with the joint implementation of the case involving behavior property "loan to loan", purpose is due debt products company has been unable to repay the loan to loan, repaid by the new loan guarantor, eventually become can realize creditor. But Industrial Company free transfer to the product by its debt behavior of non simple and independent civil relationship, but the three party to complete a link to loan to the process of. The existing laws, administrative rules and regulations of our country on loan to loan behavior unlimited stipulation, banks and industrial companies signed the loan contract effectively, but the loan to loan not only relates to the validity of the contract, is more affected by the guarantee contract owing on the loan. Because the loan to loan the unsecured or other secured creditors into secured claims, the "dead end" into the realization of creditor's rights, but in this case there is the main parties to the contract of malicious debt risk transfer to the original does not provide a guarantee that the true meaning of human cases, the guarantee contract is not a reference, in this case steel pipe factory warranty shall be exempt from.

The case index: the court: "eight Huzhou City Town assets management company and Chinese the Great Wall Asset Management Co Hangzhou office, Huzhou Shengshan Engineering Co. Ltd., loan contract dispute case case"

   Bing Zhaoxiang lawyers: Zhejiang Kaifu lawyer, long-term commitment to the commercial litigation, arbitration case agent, including contract disputes, construction disputes, company law, contract law consultancy services. Tel: 13205719192 (9:00-17:00) consulting mailbox:Abinglvshi@126.com. []: binglayer micro signal