the people

Material judgment

(20 15) An Fa Min Chu Er Zi No.275

Plaintiff Hunan Anhua Rural Commercial Bank Co., Ltd., whose domicile is No.21Jianshe Road, Dongping Town, Anhua County.

The legal representative is Hu Yong, chairman of the association.

Authorized Agent: Li Shaoyong, male, Han nationality, from Anhua County, employee of Zhexi Branch of the company, with special authorization.

Defendant Deng Haihua, male, Han nationality, from Anhua County.

Defendant Chen Na, female, Han nationality, from Anhua County, is the wife of Defendant Deng Haihua.

Defendant Liu Xing, male, Han nationality, from Anhua County.

Defendant Jiang Yan, female, Han nationality, from Anhua County, is the wife of Defendant Liu Xing.

Defendant Deng Xianghua, male, Han nationality, from Anhua County.

Defendant Yang Zhen, female, Han nationality, from Anhua County, is the wife of Defendant Deng Xianghua.

Defendant Xia Wanneng, male, Han nationality, from Anhua County.

Defendant Deng Guili, female, Han nationality, from Anhua County, is the wife of Defendant Xia Wanneng.

Defendant Li Zhiyong, male, Han nationality, from Anhua County.

Defendant Fang Deng, female, Han nationality, from Anhua County, is the wife of Defendant Li Zhiyong.

Plaintiff Hunan Anhua Rural Commercial Bank Co., Ltd. v. Defendants Deng Haihua, Chen Na, Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Deng Guili, Li Zhiyong and Fang Deng. On August 27th, 20 15, the case was put on file in our hospital, and Judge Chen was the sole judge in accordance with the law. The plaintiff, Hunan Anhua Rural Commercial Bank Co., Ltd., specially authorized agent Li Shaoyong to attend the lawsuit. Defendants Deng Haihua, Chen Na, Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Deng Guili, Li Zhiyong and Fang Deng were legally summoned by our court, but failed to attend the proceedings without justifiable reasons. The case has now been closed.

Defendant Deng Haihua and defendant Chen Na in the original trial were husband and wife. Defendant Deng Haihua borrowed 400,000 yuan from Zhexi Sub-branch of Hunan Anhua Rural Commercial Bank Co., Ltd. on July 5, 20 13 to raise pigs, and both parties signed a loan contract on July 5, 20 15, with an agreed term of 24 months. Defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Deng Guili, Li Zhiyong and Fang Deng made a joint liability guarantee, and both parties signed a guarantee contract, and the interest was settled in Anhua rural area of Hunan Province on July 28, 2005. Engaged in the financial business approved by China Banking Regulatory Commission, all the creditor's rights and debts of the former Anhua County Rural Credit Cooperative Union (including the credit cooperatives, branches and savings offices under its jurisdiction) shall be enjoyed and borne by the Company. As of July 30, 20 15, the defendant Deng Haihua still owed the plaintiff a loan principal of 400,000 yuan, with interest of 85,478.40 yuan, overdue interest of 1855.00 yuan, and total principal and interest of 487,333.40 yuan. We sued the Anhua County People's Court, requesting a decree: 1. Defendant Deng Haihua repaid the plaintiff the loan principal of 400,000 yuan, with interest of 85,478.40 yuan, overdue interest of 1855.00 yuan, and total principal and interest of 487,333.40 yuan (the interest is calculated as of July 30, 20 15, and the future interest is in accordance with the contract. 2. The defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Deng Guili, Li Zhiyong and Fang Deng were sentenced to bear joint and several liability for repayment.

The plaintiff submitted the following evidence to support the above claims and facts:

1, a copy of the plaintiff's business license;

2. A copy of the plaintiff's organization code certificate;

3. Legal person identity certificate;

4. A copy of the ID card of the plaintiff's legal representative;

The above four pieces of evidence are intended to prove the plaintiff's subjective qualification.

5. Copies of ID cards of the 10 defendants and marriage certificates of Deng Haihua and Chen Na; It is proposed to prove the subject qualification of the three defendants and that the defendant Deng Haihua and Chen Na are husband and wife.

The loan receipt, which proves that the defendant Deng Haihua borrowed 400,000 yuan from the former Anhua County Rural Credit Cooperative Union;

7. Personal loan contract, which proves that the defendant Deng Haihua borrowed 400,000 yuan from the former Anhua County Rural Credit Cooperative Union, and stipulated the loan term, interest and interest settlement method;

8. 1. Guarantee contract and loan guarantee letter of commitment, which prove that the defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Deng Guili, Li Zhiyong and Fang Deng are jointly and severally liable for the loan of the defendant Deng Haihua, with a term of two years.

9. Interest calculation list, which proves that as of July 30th, 20 15, the defendant Deng Haihua owed the plaintiff loan interest of 85,478.40 yuan and overdue interest of 1855.00 yuan, totaling 87,333.40 yuan;

10. The reply of Hunan Supervision Bureau of China Banking Regulatory Commission on the opening of Hunan Anhua Rural Commercial Bank Co., Ltd. intends to prove that the name of the plaintiff's institution changed, and all the creditor's rights and debts of the former Anhua County Rural Credit Cooperative Association (including the credit cooperatives, branches and savings offices under its jurisdiction) were enjoyed and borne by Hunan Anhua Rural Commercial Bank Co., Ltd.

A copy of the above evidence is verified to be consistent with the original.

Defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Deng Guili, Li Zhiyong and Fang Deng did not appear in court and did not submit their defense.

The evidence 1- 10 submitted by Hunan Anhua Rural Commercial Bank Co., Ltd. to support its claim is legal in source, legal in form, objective and true, and interrelated. Defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Deng Guili, Li Zhiyong and Fang Deng did not appear in court to participate in the lawsuit, which was deemed as giving up the right to cross-examination. The facts proved by the evidence submitted by the plaintiff were accepted by our court.

According to the accepted evidence, the defendant Deng Haihua and the defendant Chen Na were confirmed to be husband and wife. Defendant Deng Haihua borrowed 400,000 yuan from Zhexi Credit Cooperative of Anhua County on July 5, 20 13 to raise pigs, and both parties signed a loan contract with an agreed term of 24 months. On July 5, 20 15, the defendants Liu Xing and Deng. The two parties signed a guarantee contract, and the defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Li Zhiyong and Fang Deng signed a loan guarantee letter of commitment to the former Anhua County Rural Credit Cooperative Association, promising to be jointly and severally liable for the loan principal and interest of the defendant Deng Haihua, with the interest settled to 2013/231. 2065438+On July 28th, 2005, the former Anhua Rural Credit Cooperative Union was registered as Hunan Anhua Rural Commercial Bank Co., Ltd., and all the creditor's rights and debts of the former Anhua Rural Credit Cooperative Union (including the credit cooperatives, branches and savings offices under its jurisdiction) were enjoyed and borne by Hunan Anhua Rural Commercial Bank Co., Ltd. As of July 30th, 20 15, the defendant Deng Haihua still owed the plaintiff the loan principal of 400 yuan.

We believe that the loan receipt issued by the defendant Deng Haihua to the former Anhua County Rural Credit Cooperative Association and the personal loan contract signed with the former Anhua County Rural Credit Cooperative Association are legal and valid, and the former Anhua County Rural Credit Cooperative Association lent the money to the defendant Deng Haihua according to the contract, which is a breach of contract. Defendant Deng Haihua and defendant Chen Na are husband and wife, and the debts during the marriage relationship shall be paid by both husband and wife. The Guarantee Contract signed by the defendants Liu Xing, Deng Xianghua, Xia Wanneng and Li Zhiyong with the former Anhua County Rural Credit Cooperatives Association on the loan of the defendant Deng Haihua and the Loan Guarantee Commitment signed by the defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Li Zhiyong and Fang Deng are the true intentions of the parties, which are legal and effective, and the guarantee method is joint and several liability guarantee; 2065438+On July 28th, 2005, the legal person registration of Anhua Rural Credit Cooperative Association was changed to Hunan Anhua Rural Commercial Bank Co., Ltd., and all the creditor's rights and debts of the former Anhua Rural Credit Cooperative Association (including the credit cooperatives, branches and savings offices under its jurisdiction) were enjoyed and borne by Hunan Anhua Rural Commercial Bank Co., Ltd., therefore, Hunan Anhua Rural Commercial Bank Co., Ltd. and Hunan Anhua Rural Commercial Bank Co., Ltd. demanded that the defendant Deng Haihua pay off the principal and interest of the loan owed by the former Anhua Rural Credit Cooperative Union, and that the defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Li Zhiyong and Fang Deng should be jointly and severally liable for the principal and interest of the loan owed by the defendant Deng Haihua, which was in compliance with the law and was supported by our court according to law. Hunan Anhua Rural Commercial Bank Co., Ltd., the plaintiff, asked Deng Guili, the defendant, to be jointly and severally liable for the principal and interest of the loan owed by Deng Haihua to the former Anhua Rural Credit Cooperative Union. There is no factual and legal basis, and our court will not support it. Accordingly, according to Articles 205, 206 and 207 of People's Republic of China (PRC) Contract Law, Articles 18, 21 and 31 of People's Republic of China (PRC) Guarantee Law, Article 42 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of People's Republic of China (PRC) Guarantee Law and the Supreme People's Court's Explanation on People's Republic of China (PRC) Guarantee Law,

1. Defendants Deng Haihua and Chen Na both repaid the plaintiff Hunan Anhua Rural Commercial Bank Co., Ltd. the loan principal of 400,000 yuan within 15 days after this judgment came into effect, with interest of 85,478.40 yuan, overdue interest of 1855.00 yuan, and the total principal and interest was 487,333.40 yuan (interest ended at 20/kloc- From July 30, 2065438+2005 to the date specified in this judgment, it shall be calculated and paid according to the loan interest rate agreed in this contract.

2. Defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Li Zhiyong and Fang Deng are liable for the first repayment to Defendants Deng Haihua and Chen Na.

Defendants Liu Xing, Jiang Yan, Deng Xianghua, Yang Zhen, Xia Wanneng, Li Zhiyong and Fang Deng have the right to recover from defendants Deng Haihua and Chen Na after fulfilling the second obligation of the above judgment.

Reject the plaintiff's claim that Hunan Anhua Rural Commercial Bank Co., Ltd. should bear joint liability for the defendant Deng Guili.

If the defendant fails to perform the above obligation of paying money within the period specified in this judgment, he shall pay double interest on the debt during the delayed performance in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).

The acceptance fee of the case is 86 10 yuan, and 4305 yuan is charged at half, which shall be borne by the defendants Deng Haihua and Chen Na.

If they refuse to accept this judgment, both parties can file an appeal with our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties to appeal to Yiyang Intermediate People's Court.

After this judgment comes into effect, if the defendant fails to perform the payment obligation within the time limit, the plaintiff may apply to the people's court for compulsory execution within two years from the date of expiration of the performance period determined by the judgment.

Judge Chen

October 15th, 20 15

Acting Secretary Jiang Xiaoyang

This information comes from China Judgment Document Network.