-Notes to pay loan dispute sues the Lingbao City Credit Cooperatives

[introduction] case1998Years10Month4Day, subordinate Lingbao Yang shop credit Service Corporation pay a loan from the hands of labor100000Yuan and70000Element and produce the IOUs, both sides agreed interest rate of interest1.83%,2001Years10Month20Day, the labor Service Corporation pay to borrow again from a28000Yuan, monthly interest is also1.83%A total of three times, the loan198000Element, the three have not agreed repayment period of loan. Later, because the labor Service Corporation without the qualifications of a legal person, its assets debt by Yang store credit cooperatives receive, then, Yang store credit cooperatives canceled the qualifications of a legal person, the rural credit cooperatives in Lingbao City (hereinafter referred to as the credit cooperatives) takeover.

However, credit unions do not speak credit, has been reluctant to return the money. Loan repay, as unalterable principles. A creditor's request, the credit cooperatives only agreed to return the principal and the current bank interest rate. But, most people swallow gas, was forced to accept such inequality provisions. Few people will credit the prosecution to the people's court in Lingbao City, but almost no one can win the lawsuit, most results also return the principal and the current interest rate.

To pay a certain original labor Service Corporation lend money is borrowed from relatives and friends, to pay a certain not willing such irrational repayment, to2009Years7Month15The credit union v. as for Lingbao City People's court.

[the same court the same fact, the verdict of different]However, it was not carried out smoothly.

Fumou before, there is a judicial case, Wang sues a credit loan disputes, its contents and circumstances and pay a as like as two peas, sued to the Lingbao City People's court, a trial of borrowing, the verdict of the credit cooperatives to repayment of principal contract rate, until the payment date, after the second instance upheld and executed. Because of this case, to pay a certain view, as long as the people's court to handle cases according to law, their loan should be able to recover the.

However, in Lingbao City People's court, a trial was very difficult. The trial is very simple, the agent has no objection to the loan, credit cooperatives that Yang store credit cooperative labor Service Corporation without legal personality, without business registration, the loan is Yang store credit cooperatives to social people illegally absorbing deposits, has constituted a crime, the loan is invalid.

The rest of the contest is everybody can understand, complicated right relationship with money, make the case more complicated. The court has a different voice on the case, some people think that borrowing effectively, some people think that borrowing is invalid.

A trial in2009Years12Month18Make, courts that borrowing is invalid, the judgment to repayment of principal current bank deposit interest rate. During the same period, the types of cases only5One, all the same results.

Before that Wang v. credit loan case that?

The same court the same fact, the verdict is different, why?

[adjudged]For instance, to pay a certain appeal, appeal to the Sanmenxia intermediate people's court.

In the second trial, both sides have no new evidence, no new ideas. To pay a second instance court submitted the original already in force and has been executed Wang sues a credit loan case verdict, the court of second instance shall support the appellant to pay a certain proposition, that borrowing effectively,2010Years5Month26Day, the judgment shall be amended according to the credit agency to repayment of principal contract rate of interest, safeguard the solemnity of the law.

[] obstructed implementationThe second ruling after the entry into force of a party to pay, Lingbao City People's court for enforcement, but more difficult, the court from the executive to the hospital leadership, try to delay, only summons sent two months, in pay and agent repeatedly urging, credit cooperatives shall be30Million in the court of accounts. But the credit cooperatives are also charged to pay a certain and his son, to preserve the20Million, and has even a court order on preservation no payment I. The rest10Million yuan, it is angry, to pay a certain in the year9Month4To the court for receipt, receipt10Million yuan, the executive judge to find Dean and financial checks (the courts), however, the dean at the meeting, finance Invoicing comrades to participate in September the national uniform judicial examination, can only wait!

This ah,9Month6DayPay a receipt, Henan Province Higher People's court for a ruling, ruling that the case of suspension of execution, returned to Sanmenxia City Intermediate People's court.

My God! Hard.

[first] appeal, court of retrialThen the former said, credit cooperatives in Henan Province Higher People's court for retrial, we initially thought, in the provincial high court appeal, we all know that difficult, but did not expect, credit cooperatives appeal is so simple and fast!

In the Sanmenxia City Intermediate People's Court of retrial, both views and positions were no changes, no new evidence, both sides is based on the labor Service Corporation without legal person qualification, borrowing effective invalid problem. The provisions on the basis of the general principles of the civil law "credit" in: invalid civil behavior without civil capacity person. Pay one agent is based on the "contract law" the provisions subject qualification is invalid, later method is better than the former method, special law is superior to general law, legal dispute.

After more than a year long trial,2011Years11Month15Day, the Sanmenxia City Intermediate People's court to maintain original court verdicts, Fumou again win.

[] performed again blockedThe application for enforcement should be no problem. Oh, look at the problem is simple.

Re apply, greater resistance. In desperation, to pay a certain agents simply and judges to and from work every day, stay in the implementation of the judge's office, you don't, then I don't have the Spring Festival, see you drag over?

In the process, I will not say here, ha ha, you can imagine!

But, fortunately, near2012The day of the Spring Festival year, good judge paid pay a2010Years9Months have good receipt100000Element.

To pay a certain excited, to have a good year, wait for after the Spring Festival to the rest of the.

Pay a wrong again!

[two] the appeal courtCredit cooperatives should give up! They are well prepared, to the Supreme Court of Henan province two appeal. Oh, the law does not require several limited appeal!

This time, to pay a certain lost again, credit cooperatives, the appeal is successful, the Henan Provincial Higher People's Court of the case!

Such a simple case, the provincial high court arraignment? Such a waste of judicial resources!

Wage a life-and-death struggle!

[the court hearing video broadcast  The new evidence to the credit union]I am a small city solicitor, the court in the capital of the high court, the first time, font, do how?

The legal relationship is very simple, the legal provisions of three judges of the court of the contract invalid effective understanding of how different, how fundamentally defeat opponent?

To pay a certain agents visited the for the borrowing Yang store credit cooperatives original director xxx. Finally a major discovery, the original loan, all the labor Service Corporation are related and Yang store credit agency office, Yang store credit to cover the office building, in the absence of the penny money support, self financing, forced to loan, and loan only through the labor Service Corporation. In the loan expires, no ability to repay, had to borrow new debt, to pay a certain sum of the three it is Yang store credit for herself, three loans into Yang store credit your account. Mat so willing to testify in court, the three loan is Yang store credit cooperatives by yourself The.

In the high court in the trial of a live video, pay the agent proposes the three loan is borrowed into their credit agency, credit account, apply to the court for an on the spot to extract all the subsidiary accounts of the three loan.

The situation of a sudden turn for the worse, court investigation, credit cooperatives faltering, say not clear three sum of sequence of events.

[hand]High court judge is very patient, presiding judge Fan Xiaohong insisted that the mediation, both work repeatedly. Credit cooperatives finally relented, willing to mediation, can be higher than deposit rates, lending rates in accordance with the credit unions. Pay one agent can be calculated according to the originally proposed not interest rate agreement, lest suffer execution.

In the course of contacts, the judge patiently!

Final.2012Years10Month8Day, mediation results for credit unions to pay the loan principal and interest62Million yuan.

More than three years of tough action!

Setting off firecrackers........

Ha-ha  Ha-ha  Ha-ha    Fumou smiled, I also smiled!

 

[] say thank youFinally, say thank you!

Thank you, all the judges put effort into the case!

Thank you, credit cooperatives and comrades China characteristics are!

Thank you, Chinese law, special law!

 

Nine nine the Double Ninth Festival   The Double Ninth Festival   My birthday   Bless you

 

                                                   Wang Zeyi    

                                       2012Years10Month23DayThe Double Ninth Festival

Attached:
    

Rural credit cooperatives Lingbao again apply for a retrial case agent for new words

 

The presiding judge, judge:

I am entrusted to pay New Year's, designated Henan Tianbao law firm, pay New Year's agent as rural credit cooperatives Lingbao two time to apply for a retrial for new loan dispute case. Accept the case, after investigation, access to legal provisions, to participate in the trial of the court, the case was published the following agents.

A Pay new year, loans to rural credit cooperatives Lingbao subordinates Yang store credit cooperatives Labor Service Corporation belongs to the folk lending, the provisions of the law, legitimate and effective labor Service Corporation loan.

"Several opinions" Supreme People's Court on the trial of a case of borrowing,The loan disputes between citizens, between citizens and legal persons of lending disputes with other organizations and citizens of lending disputes, should be the lending case acceptance.

In the case of application for retrial, subordinate Yang store credit cooperative labor Service Corporation was established in the ninety's under the policy background At that time, although its not the industrial and commercial registration, but as an economic entity, have their legal property, have their own office space, have their own business, has its own financial system, have their own official seal, belonging to the other economic organizations under the civil law. The labor Service Corporation to business needs, pay new year to borrow from citizen belonged to private borrowing normal, effective and in accordance with the law shall be protected by law. "The Supreme People's court approved" on how to confirm between citizens and business lending behavior the validity of interpretation (1999)3No.1999Years1Month26On the judicial committee of the Supreme Court of the1041Meeting of the  1999Years2Month9The Supreme People's court announcement day  Since the1999Years2Month13The date of promulgation) Pointed out: citizens and non financial enterprises(Hereinafter referred to as enterprises)Lending between belongs to the folk lending. As long as the parties expressed their true meaning can be identified effectively. However, any of the following circumstances, it shall be deemed as invalid: (A)Enterprises to borrowing name to staff the illegal fund-raising; (Two)Enterprises to borrow the name of illegal to social capital; (Three)Business loans to the public the name of loans; (Four)Other violations of laws, administrative rules and regulations behavior. In this case, Lingbao City, rural credit cooperatives have repeatedly stressed that the money belongs to illegal fund-raising, but so far there is no evidence of illegal fund-raising, and to identify the legal institutions, not credit cooperatives current leader said to calculate, the loan is not a serious threat to disrupt the financial order.

In accordance with the retrial applicant said, according to the general principles of the civil law, civil law should have three conditions: the actor has the appropriate capacity, expressed their true meaning, does not violate the law or the public interest. In this borrowing, Service Corporation has all the elements of labor organization, has been expressed in front. But I again, invalid and not incompetent person all in all, in the contract law of agency by estoppel, incompetent people engage in the behavior as long as the ratification of the capable person is effective, the loan later after ratification Yang store credit cooperatives, so, should be lawful and valid.

Contract law was revised52A contract is null and void, only have five kinds of situations, explicitly eliminated the "general principles of civil law"58The regulations of qualification of the contract, the implementation of a person without civil action civil and limit the capacity of people no longer will be recognized as invalid, this is to guarantee the safety of transactions, promote civil activities and market behavior. The method is better than the former method, special law is superior to general law principles, can be completely identified the labor Service Corporation loan is effective.

Two, Yang store credit cooperatives under the labor Service Corporation is established upon the approval of the rural credit cooperatives of Lingbao City, rural credit cooperatives after Lingbao took over all of the assets and debts of the labor Service Corporation.

In this case, the labor Service Corporation is an undeniable subject, the company in the background of ninety's policy is not standard, by the competent department in charge of the layers of credit issued notice run, have their own office space, with their legal property, has its own operations of the financial system and business, its foreign activities but also to their own property. Although the petitioner denied that the company had no business registration and business license, the labor Service Corporation is a privately run by others, but the truth is that the company is Yang store credit cooperatives under the retrial applicant rural credit cooperatives run, all of its assets and debts later by the applicant undertake their retrial, retrial applicant Lingbao City Rural Credit Cooperatives themselves used to illustrate the book just is the best proof, the applicant received debt Yang store credit cooperative labor Service Corporation. If the labor Service Corporation is private, the applicants is silly receives the labor Service Corporation's assets and debts?

Another point to note is, in the ninety's Lingbao, each township has the labor Service Corporation, without any industrial and commercial registration, are also offered in higher credit cooperatives under the instruction of. But all of these work Service Corporation's assets and debts are the rural credit cooperatives of the applicant receives the applicant in Lingbao City, followed by some of the debt are properly handled.

In the rural credit cooperatives in Wang Ziqiang v. Lingbao loan dispute case, the people's Court (Lingbao City2008The spirit of a people) at the beginning of the word1800Civil judgement and the Sanmenxia City Intermediate People's Court (2008The three people's principles) with the word no.784Civil judgement that Yang store credit cooperative labor Service Corporation is Yang store credit cooperatives to subordinate units, the business and its assets have Yang store credit agency management, by Yang store credit agency responsibility for repayment, due to Yang store credit cooperatives canceled the qualifications of a legal person, the retrial applicant Lingbao City rural credit cooperatives to take full control of Yang store credit agency business and assets, the two judgments are effective judgment.

Three, Yang store credit cooperative labor Service Corporation loan where to?

In the1994Year, Shenyang shop credit funds tension, in order to raise funds, improve the office conditions, Yang store credit through the labor Service Corporation foreign financing, cost200Yu Wanyuan has built Yang store credit agency office and subordinate Royal Wei branch office, all the money rather than the higher transfer, all is through the labor Service Corporation borrowed this platform, that is to say all borrowing labor Service Corporation than for any other business, but into the Yang store credit account, is Yang store credit she used to build office buildings. Later, due to Yang store credit cooperatives own liquidity, loan expires, not the return of funds, can only continue through the labor Service Corporation refunding, continuous rolling, the case through the labor Service Corporation pay to borrow from the new three stroke, direct access is Yang store credit cooperatives account, is Yang store credit cooperatives for the payment of debts, that is to say still and credit cover office building, is Yang store credit for their own use of the three loan. Therefore, the three loan is Yang store credit cooperatives themselves borrowed. This is sometimes Ren Yang Dian Xi's director of credit can be proved, but also can be proved by audit.

Four, what is the interest?

In this case, the plaintiff say repeatedly repeatedly the loan department interest, we discuss what is high yield. The Supreme People's Court on the implementation of "of civil law of the people's Republic" opinion (Trial)122The provisions of the production and operation, the interest rate lending between citizens, can be higher than the interest rate of a loan for living. The Supreme People's court "a number of opinions" about people's court case in the borrowing Article six: borrowing rate can be higher than bank interest rates, the people's court to local specific master according to the actual situation in the region, but the maximum shall not exceed four times the same bank loan interest rate(Contains the number of interest rate). Beyond this limit, the excess interest is not protected.

In this case, the labor Service Corporation pay to borrow from year three, both sides agreed interest rate is only1.83%Over the same period, and the regulations of the people's Bank of Chinese lending rates by one to three years for7.11%For over five years8.01%, you can see at a glance, four times the three loan is more than the same period the people's Bank of China provisions?

Five The same fact, the same court verdict, why why? Why apply for retrial different objects?

Aiming at the credit union loan dispute cases,2008Years9Month8Day, Wang Ziqiang in the Lingbao City People's court litigation plaintiff Lingbao City, rural credit cooperatives loan case, Lingbao City People's court, in order to (2008The spirit of a people) at the beginning of the word no.1800Number, rural credit cooperative decision to repay the loan principal Wang Ziqiang Lingbao City, with both sides agreed interest. Sanmenxia City Intermediate People's court to (2008The three people's principles) with the word no.784Civil judgment for the case. The case has been Lingbao City People's court is executed, the case the applicant didn't bring the retrial application.

However, in Lingbao City, Fu Ying new rural credit cooperatives loan dispute case, in Lingbao City People's court verdict result is not the same, Lingbao City People's Court (2009The spirit of a people) at the beginning of the word no.1263Judgement No. borrowing is invalid, the return of principal and interest on bank account. Sanmenxia City People's Court (2010The three people's principles) with the word no.143According to judgment, sentence, repay the principal and interest of the loan agreed, reducing the essence.

However, the applicant is to apply for a retrial in the high court of Henan Province, Sanmenxia City Intermediate People's court after trial again, keep the original Sanmenxia City Intermediate People's Court (2010The three people's principles) with the word no.143Judgement no..

The same fact, why the same court verdict is different, where the seriousness of the law?

Loan repay, as unalterable principles!Who is in the waste of state money, who is a waste of judicial resources? Is which in the manufacture of instability, forcing people to petition? I think everyone should know it. More than a decade ago, borrowing, experienced today high prices high inflation era, who lose who do not lose you should be very clear. Therefore, hope that the Henan Provincial Higher People's court to ascertain the facts, dismissed the rural credit cooperatives Lingbao's application for retrial, to maintain the original Sanmenxia City Intermediate People's Court (2010The three people's principles) with the word no.143Civil judgment.

                 

                                                         Henan Tianbao law firm     Wang Zeyi lawyer 
                                                                                              

         2012Years9Month20Day