(1) If the lender issues the loan knowing that the borrower has changed the purpose of the loan, and it violates the real intention of the guarantor when providing the guarantee, it shall confirm that the guarantee is invalid.

The agreement on "loan purpose" in the loan contract should also belong to the content of the guarantee contract and be legally binding on the lender. If the lender is aware that the use of five of the loans has changed, it still issues loans, which violates the agreement and constitutes fraud to the guarantor.

(2) The description made by the commercial bank in the post-loan inspection report that is inconsistent with the actual use of the loan involved does not necessarily lead to the guarantor's exemption from the guarantee responsibility.

As an independent commercial subject, the guarantor should bear the risks and legal consequences brought by his external guarantee.

The validity of the loan contract and guarantee contract will not be affected by whether the bank has fulfilled its duty of care on the borrower's subject qualification and whether it has fulfilled the follow-up investigation and inspection on the risk control clauses such as the flow and use of loan funds.

(3) If the guarantor and the creditor agree that the borrower actually changes the purpose of the loan, the guarantor shall not be liable for the guarantee.

In the guarantee contract with the creditor, the guarantor agrees to undertake the guarantee responsibility to the creditor only within the agreed loan use scope, and the creditor undertakes the obligation to supervise and restrain the borrower to use the loan according to the loan contract, so as to ensure that the borrower can use the loan for the agreed purpose to the maximum extent and ensure the legal and reasonable use of funds, thus effectively reducing its guarantee responsibility.

What responsibility should the guarantor bear in the contract?

When the debtor fails to perform the contract, the guarantor in the contract shall be liable for performance or compensation for losses. The specific mode of responsibility shall be determined according to the following circumstances:

1, the guarantor of general warranty responsibility, enjoys the right of defense. That is to say, before the debtor's property can't be performed after being enforced by the court, the guarantor can refuse to undertake the guarantee responsibility to the creditor. If the debtor's property cannot be performed after compulsory execution, the guarantor shall bear the responsibility for performance.

2. The guarantor of joint and several liability guarantee bears the same repayment responsibility as the debtor and does not enjoy the right of defense. That is, regardless of whether the debtor has property or not, the guarantor has the obligation to undertake the guarantee responsibility and repay the debt to the creditor.

Under what circumstances can the guarantor not bear the guarantee responsibility?

According to the provisions of the Civil Code, the guarantor may not assume the guarantee liability in any of the following circumstances.

(a) the parties to the main contract collude to defraud the guarantor to provide a guarantee;

(two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning.

According to the above answers, we can clearly know that the borrower violates the true meaning of the guarantor's guarantee, the guarantee is invalid and the borrower changes the purpose of the loan, and the guarantor does not assume the guarantee responsibility.