2013In January 17th, the private owner Chen Jianhui and his wife went to the Bank of Ningbo branch of the fuming, provide many years before the mortgage guarantee a liquidity loans for on lending business.About one thirty in the afternoon, at the Bank of Ningbo branch office fuming, Chen Jianhui in the line managers under the guidance of the Lu Yong, in a few contracts signed, one who was there with the bank Wu Jianxue, the borrower should Ms. Chen Jianhui, lady bag lady, the three men were talking, should have some distance with the signature of the position.Later memories, Chen Jianhui, lady, Ms. Bao all speak with said, when Lu Yong spread a few blank contract, stand in a row, let Chen Jianhui sign it, the whole process should not exceed two minutes, because not one of the two back to back it, no one objection.
On the afternoon of the same day, the Bank of Ningbo governor Wu Jianxue, fuming branch managers Lu Yong and Chen Jianhui go to Ningbo high tech District Property Bureau for the housing mortgage registration.Chen Jianhui on the road in the whispered, why for a registration to let the president personally, while Chen Jianhui signed to accept members, Wu Jianxue immediately invited the night talk, says it's complicated.The evening conversation, Chen Jianhui from Wu Jianxue mouth that he had secured the Ningbo AAuto Sales Service Co not lending, lenders are not loans, and his name Yinzhou District 491Figure 42Villa are mortgaged again, to Ningbo BDecoration companies as collateral.The original non mortgage 350Million loan in time for the February 9, 2012 to February 8, 2013, it is the date of repayment less than 20Day time.But Chen Jianhui had to Ningbo ACompany is providing a 3410000 liquidity of mortgage loans, plus 3500000 here, is just 6910000.The Bank of Ningbo branch of Fu Ming Yin
The 491 state regionFigure 42Villa valuation is not a lot of just 6910000, the evaluation on after this huge controversy number is 03006DY20130017The "mortgage contract", and by Wu Jianxue himself.However, the paradox is that in this contract is written guarantee for since the date of 2013Years 1On 17Date to the 2015Years 1On 16Date, do not accord with the verbal description of Wu Jianxue himself.
Mr. and Mrs. Chen Jianhui thought to sign only to Ningbo A auto Sales Service Co 480Million loan lending things, did not think of the middle and out a 3500000 mortgage, all of a sudden unacceptable.So with the borrower should go to the Bank of Ningbo Ms. fuming branch office to find Wu Jianxue syndrome.According to later submitted to the recording text court, the borrower should be said, the 3500000 items of his totally unaware, and the company's staff of verbal criticism.And Wu Jianxue said, given the circumstances, could not recover, but will try to reduce the loss of Chen Jianhui.
In fact, Ningbo ALiquidity loans auto Sales Service Co 4800000 was divided into two parts, one part for the amount of 3410000, to the Chen Jian Hui Yinzhou District 491 Lane 42, a villa as collateral, the contract number 03006DY20120012.Another part of the amount for 139Million, by the Ningbo C company 5000000 enterprises the maximum guarantee, the contract number 03006BY20120013; by the borrower shall be Lady couples for 5000000 person maximum amount guarantee, the contract number 03006BY20120014; by the borrower cousin Lee 5000000 person maximum amount guarantee, the contract number 03006BY20120015.While the bank has with a number of 3006BY20120014800000 "the maximum guarantee contract" let Chen Jianhui assume responsibility for the authenticity of the contract, Chen Jianhui denied it.The lawyer to this reporter said, if the contract is 2012Years 1On 17China has signed, should be with the three "the maximum guarantee contract" connected numbering.
8300000, for a Chen Jianhui such as small businesses, not a small figure."It feels like thunder down, it became 830Million ", Chen Jianhui's wife. Ms..Chen Jianhui had more than 10 years ago, by virtue of the 10Million started, started the decorative material factory, now for some domestic brand sanitary ware manufacturers OEM, in the industry is still famous.
This home is located in Jiangkou Town factory in Fenghua last year because of the typhoon and narrowly escaped the floods overwhelm, however, typhoons and floods did not let it fall, the Bank of Ningbo only two true or false contracts but it has been unable to resume normal production operation.Last year flooded after Chen Jianhui for leaching of the bad old Buick car, spend 1400000 to buy a Porsche coupe.A family of Chen Jianhui said, in a cash flow shortage of local small and medium enterprises under the condition of two million to buy a car, flowers, this is tantamount to tell someone "I have money", also no wonder that someone will put the idea to him.
The loan risk control vulnerabilities PinChu
In fact, whether in Ningbo or Ningbo automotive Sales Service Co A B decoration company, the actual controllers are to be Lady and her husband, due to the development of the group company in the too much for fast, 10000000 of the money going to do 1 hundred million things, there are 1 hundred million to 1000000000.Results at the end of 2011 to early 2012 just two or three months, three regional commercial banks to withdraw their respectively issued 1000Million of liquidity loans, eventually leading to the company's capital chain rupture.
Now Ms. couple had amassed 300000000 Yuan of debt, 200000000 of them to friends and relatives borrowed, 100000000 is by borrowing, the name of enterprises, real estate, luxury cars, were frozen by the bank, the auction.Should the lady told reporters, the ten million loan problems occur, it is caused because the contract with a bank too trusting of their staff.
While Chen Jianhui is willing to provide collateral for lady actual control of Ningbo A auto Sales Service Co, largely because the woman is with couples should be high school classmates.Like Mrs Chen Jianhui so from Lady company venture out no less than 20 peopleA, now mostly good, should be the fund chain break lady company, these people also give she borrowed a lot of money."If a lot of people money to the bank money, the bank loans and not come out, that I am not put these people hurt, I just started to pay interest, but in the end, I really can't pay."Should be said ms..
"The bank there was very angry, my friend here is also very angry.The money I also want to return, but now the students involved, I still want to be able to properly resolve.My classmates this 4800000 they also began to take, but the problem is that the banks started simmering means used, rather than a means of communication."The contradiction between the bank and the guarantor should, lady said he must also bear some responsibility, Chen Jianhui is dragged in completely for their loan guarantees.Should woman of Sinorama said, in this case, thanks to Ningbo B decoration company was overturned by the court because the deadline, if not overturned it, the bank leadership too cocky.
Mrs. Chen Jianhui told reporters, the Bank of Ningbo fuming branch president Wu Jianxue repeatedly in the Chen Jianhui factory to mediate talks, Wu Ceng to express, banks have to freeze its factories, land and account number, is actually want to pressure them, let them be lady also money mobilization.Should women said they are now almost all day in debt run, no money can also.
Contract and save a huge controversy
In March 29, 2013, the Bank of Ningbo branch to Chen Jianhui for the Ningbo A fumingAuto Sales Service Co guarantee artificially by, Sue Chen Jianhui to bear 4800000 of the responsibility to ensure that the Ningbo Jiangdong District People's court, the court accepted the case number (2013) the Ningbo East business at the beginning of 501st, Chen was accused of six.The bank is one of the important evidence that number 03006BY2012001"The maximum amount of guarantee contract", stated Chen Jianhui volunteered for the Ningbo AAutomobile sales and Service Co., Ltd. 4800000 loan maximum amount guarantee, in time for the January 17, 2012 to January 16, 2015.
2013Years 4On 1Day, Bank of Ningbo branch and Ningbo fuming by Chen Jianhui BThe company by the mortgagor to Ningbo Jiangdong District People's court to bear 350Million mortgage guarantee liability, the court case number (2013)Ningbo East business at the beginning of 500thNo. five, Chen for the defendant.The bank provides important evidence is one of the serial number is 03006DY20130017The "mortgage contract", stated Chen Jianhui volunteered for the Ningbo BDecoration company offers 350Million guarantee, time since 2013Years 1On 17Date to the 2015Years 1On 16Date.For Ningbo East business at the beginning of 500thA case, then Jiangdong District Court ruling, the court finds that the defendant Chen Jianhui is with the plaintiff has signed a contract of mortgage of maximum amount "and" for mortgage registration, mortgage agreement but the contract creditor's rights form the time range for January 17, 2013 to 2014Years 1On 16Date.And the plaintiff in the case of Bank of Ningbo fuming branch to assert a claim occurred on February 9, 2012, are not in the range, so the plaintiff in the case that the mortgaged property processing from the proceeds of priority, with no legal basis.
An unnamed close to the bank who told this said, the bank would have Chen Jianhui 350Million mortgage of maximum amount that, who knows to fill in the blank contract when the wrong date time, a year later, Chen Jianhui was able to get away with in this case, in fact is the bank even blank contract can fill in the wrong cause.For Ningbo East business at the beginning of 501stA case, the two sides are 4800000 "the supreme guarantee contract" signed by the amount of real time is 2012Years 1On 17Day 2013Years 1Sept. 17 forensic handwriting, then wait for the results of Jiangdong District People's court to make a ruling.Chen Jianhui believes that the signing time never this contract may be 2012In January 17th, it is 2013On January 17th afternoon in Ningbo bank fuming branch signed.Chen Jianhui said, his signature on a blank contract for although can not shirk its responsibility, but the subconscious mind has been on bank credit did not produce any doubt, after this matter, any place needs the signature of his will to see content.Chen Jianhui couple that bank of Ningbo let its signature on a blank contract, is in fact that the borrower should not MS repayment ability, set up the contents of the contract unilaterally forgery, by this way the bad debts of banks on innocent guarantor.
A person familiar with the Ningbo local bank loans business told reporters, in actual operation, some managers and borrowers often through privately negotiated, the lender to sign a blank contract, then the agent through flexible interest rate, fill in the date, the amount of content in some maoni.This seemingly mutually beneficial win-win approach, though hidden a huge risk, but now because of the interest driven, become more and more It is quite common for.
Deputy director of the Ningbo bank office Zhou Wei in answer reporter questions that, for lending to sign and then fill in the content of the contract behavior is a serious offense, but he also reiterated that the bank is not the existence of such phenomenon.Wu Jianxue, governor of the Bank of Ningbo in Ming is not authorized for the reason, refused to answer any questions raised by reporters.
This print journalist had whether to sign a blank contract facts to prove the Lu Yong himself, the other party in order to not authorized to accept any interviews for evasiveness.Now Lu Yong has from the Bank of Ningbo branch to the fuming on the level of the Bank of Ningbo Jiangdong branch, for the mobilization is involved now can make nothing of it.Chen Jianhui told reporters, after the event of its many find Lu Yong explained the problems have been avoided.
The Bank of Ningbo or malice preservation
2013Years 4On 24Day, in Ningbo Jiangdong District Court handling the Ningbo B Bank of NingboDecoration company (case No. 500No.) process case, the Bank of Ningbo branch to apply to the court for the seizure of metformin not only Chen Jianhui, Yinzhou District villa property, but also seized land, plant and freeze the factory name, cause serious effect to factory production, management.According to the case in a number of 03006DY20130017The "mortgage contract", Yinzhou District villa at 691Million yuan, so the Chen Jianhui lawyers think banks move over preservation.The bank suggests that, because of the Ningbo house price changes, at present in Yinzhou District the villa has been devalued, estimated to be worth about two or three million.
Case No. 500In the case of Chen Jianhui, the court need not bear joint and several liability after the case, Ningbo bank short-term lift the factories, land and account open, but on the number 501In the case of the frozen again.In Jiangdong court No. 03006BY2012001During the period of "the maximum guarantee contract" third party judicial identification, the Bank of Ningbo fuming branch will case 501 cases, Chen Jianhui signed last year 341Million mortgage contract singled out for prosecution to the people's Court of Yinzhou District, requirements on the Yinzhou District villa auction.Chen Jianhui in this case is another court refused to appear in court, Yinzhou court trial by default, and give the hair to final judgement, to auction the property.Eventually, after mediation, the two sides to reach a tentative plan, the bank can lift the freeze on its factories and land, the land by the factory and then the loan to redeem their villa in the bank, for the bank account in Ningbo bank remain firmly committed to freeze.
Chen Jianhui told the reporter, from 2013Years 4Bank of Ningbo to prosecute started, because the factory, the land and the account is closed, they cannot take the name of the factory production and operation activities, the 500th in the Ningbo East DynastyNo. the case was under bankruptcy burden, or even 100Workers cable pay events.Chen Jianhui said, because of the obvious gaps in contract, the court is not the Ningbo bank to freeze the accounts of land and factory, open the floodgates wide to, in the case of the court almost reduced to a collection actuator bank.
Lack of supervision to the intensification of contradictions
The whole process contract dispute occurred in Bank of Ningbo and Chen Jianhui, Chen Jianhui had to Ningbo Banking Regulatory Bureau petition, according to its present to this print journalist a Chinese CBRC Ningbo authority office "petitions acceptance notice", after Chen Jianhui to the banking supervision institution to submit a detailed information of the case that he requirements, Ningbo Banking Bureau did not timely investigation and intervention, but in the acceptance notice will be Chen Jianhui to accuse the Bank of Ningbo, the wrong done "Guangdong Development bank".
Mrs. Chen Jianhui thinks, serious does not exist as a city of Ningbo Banking Board in the event, the petition process not only by the security block, more in the office by the workers without excuse.
In the interview, the security was a heavy (the Treasury and the Central People's Bank in Ningbo mechanism in the same building as shut sb.), after the office of an unnamed staff is not leadership refused to answer any questions raised by reporters.Ningbo Banking Bureau petition trouble, Chen Jianhui was the last network forum posting in Ningbo the local report, long words about "Ningbo bank" of the post was no reason to delete.Factory in Chen Jianhui's office, the reporter saw a number of written material has been used or ready for petitioners, Chen Jian Hui said he is willing to assume its responsibility, but the bank to freeze its factories, land and buildings to the production and operating pressure is due to malicious, should immediately stop.
Chen Jianhui said, if the judicial identification showed that the signing of the contract date is not 2012Years 2On 17Day, the contract is unilateral forged bank of Ningbo, he will immediately start to the Bank of Ningbo branch of the counterclaim fuming.At present, Ningbo East business at the beginning of 501stA case is a judicial authentication, the results will be announced in the near future.
Beijing Viking firm Gao Tianyu lawyers think, Chen Jianhui can not shirk its responsibility for its signature in the blank text does not fill in the content, is Chen's negligence.However, if there is evidence that before Chen Jianhui and fuming branch mortgage contract is agreed on, other content in branch forged blank text, which belongs to the bank fraud, I can report to the public security organs have forged contract.