Suiyang District People's Court, Shangqiu City, Henan Province
Civil judgment
(20 16) Yu 1403 minchu No.4206
Plaintiff Shangqiu Housing Provident Fund Management Center, located in Shangqiu City.
The legal representative is Cai Yong, director of the unit.
Entrusted agent Cao Yabin is an employee of this unit.
Defendant Sui Qiang, male, Han nationality, born on September 6, 1964, lives in Suiyang District, Shangqiu City.
Defendant Wang Fengqin, female, Han nationality, born on 1960 10/6, lives in Suiyang District, Shangqiu City.
The two defendants, Sui Bofang, female, Han nationality,/kloc-0, born on February 2, 986, are the daughters of the two defendants.
The plaintiff Shangqiu Housing Provident Fund Management Center (hereinafter referred to as the plaintiff) and the defendants Sui Qiang and Wang Fengqin filed a lawsuit in our court on September 5, 20 16. After the court accepted the case, it served the original and the defendant with legal documents such as the notice of accepting the case, the notice of proof, the notice of responding to the lawsuit, the copy of the complaint and the court summons respectively. A collegial panel was formed in our hospital according to law, and the trial was held in the fourth court of our hospital on 20th16th1month16th. Cao Yabin, the entrusted agent of Shangqiu Housing Provident Fund Management Center, and Sui Bofang, the entrusted agents of Sui Qiang and Wang Fengqin, all attended the proceedings. The case has now been closed.
The plaintiff, Shangqiu Housing Provident Fund Management Center, claimed that on June 20 14/0/0, Shangqiu Housing Provident Fund Management Center entrusted China Construction Bank Song Cheng Branch to lend the defendant housing provident fund130,000 yuan, and the loan period was 10 years, that is, from June 20 14. After repeated collection, the defendant has defaulted on the principal and interest of the housing provident fund loan. 1 1696. 18 yuan The defendant failed to repay the loan in accordance with the loan contract. In order to safeguard the legitimate rights and interests of our unit and the employees who paid the housing provident fund, he sued according to law and requested the people's court to order the dissolution of the Shangqiu Personal Housing Provident Fund Entrusted Loan Contract between the original defendants. The defendant paid off the loan principal and interest of housing provident fund 1 197 10.82 yuan (principal 1 16638.66, interest 3072. 16 yuan) and the interest and penalty interest during the repayment date. The legal costs of this case shall be borne by the defendant.
Defendants Sui Qiang and Wang Fengqin argued during the trial that they had no objection to the plaintiff's prosecution, but the following situations need to be explained: 1, Yuxin International is our only house, and the house is a necessity of life. Sui Qiang has been dismissed from public office and has no source of livelihood after he was released from prison. I urge the judge to consider the housing problem of Sui Qiang after he was released from prison at his discretion, and whether he can keep the housing rent and minimum living security for him after he was released from prison. 2. Ding Ke, the second queen of Sui Qiang, is not yet an adult, and is currently attending high school. She has no economic income and no viability. I implore the court to deduct the cost of Wang Ding's studying in a university from the house change price, so that she can complete her studies and live independently. 3. Sui Qiang borrowed 10/30,000 yuan from the housing provident fund on June 20/410. As Sui Qiang could not repay the loan independently, Sui Bofang lent the defendant Sui Qiang and Wang Fengqin a loan of * * * yuan, and begged the judge to grant Sui Qiang * * * yuan.
According to the arguments of both the plaintiff and the defendant in this case, the collegial panel concluded that the focus of the dispute in this case is whether the plaintiff's claim has factual basis and legal basis, and whether the people's court should support it.
The evidence materials submitted by Shangqiu Housing Provident Fund Management Center to our court to support its claim are: Evidence 1, a loan contract, which proves the existence of the defendant's loan. Evidence 2: A personal loan payment voucher, which proves that the defendant has received the loan under the loan contract. Evidence 3: the borrower's unit certificate and the pre-loan investigation record prove that the defendant has borrowed money from our unit. Evidence 4: the identity cards and marriage certificates of the defendant and his wife, which prove the existence of the loan and the identity of the borrower. Evidence 5, personal loan statement, which proves the settlement of the defendant's actual arrears of principal and interest.
Defendants Sui Qiang and Wang Fengqin submitted evidence materials to our court to support their claims: four personal loan repayment vouchers, which prove that the defendant's daughter Sui Bofang has been repaying loans for the two defendants * * * * 17405.78 yuan.
During the trial, the defendants Sui Qiang and Wang Fengqin had no objection to the first, second, third, fourth and fifth evidences submitted by the plaintiff.
During the trial, the plaintiff had no objection to the evidence submitted by the defendants Sui Qiang and Wang Fengqin.
According to the evidence provided by both parties and cross-examination, our court concluded that the defendants Sui Qiang and Wang Fengqin had no objection to the evidence submitted by the plaintiff, so we confirmed that the content of the evidence submitted by the plaintiff was objective and true, its source and form were in accordance with the law, and it was related to the facts and could be used as valid evidence. The plaintiff has no objection to the evidence that Sui Bofang, the daughter of the defendants Sui Qiang and Wang Fengqin, has been repaying the loan of RMB * * * 17405.78 for the two defendants, which can be used as valid evidence for the defendant's daughter to repay the loan for the defendants Sui Qiang and Wang Fengqin.
According to the above valid evidence and the statements of the parties, our court confirmed the following facts: On June 20th14 10, the defendants Sui Qiang and Wang Fengqin signed the loan contract of Shangqiu individual housing provident fund with the plaintiff Shangqiu Housing Provident Fund Management Center and the lender China Construction Bank Co., Ltd. Shangqiu Branch Song Cheng Branch; On March 7, 20 14, the defendants sui Qiang and Wang fengqin signed a loan mortgage contract for Shangqiu individual housing provident fund entrusted loan with the plaintiff Shangqiu housing provident fund management center; On June 20 14, the plaintiff Shangqiu Housing Provident Fund Management Center and the lender China Construction Bank Co., Ltd. Shangqiu Branch Song Cheng Branch signed a notice on the entrusted loan of Shangqiu individual housing provident fund. The two parties agreed in the contract: "loan amount130,000 yuan; The loan term is from June 20 14 10 to June 2024 10; The monthly loan interest rate is 3.75‰, and the loan interest rate is within the loan term. If the People's Bank of China adjusts the loan interest rate, it will be implemented according to the adjusted interest rate without further notice to the borrower. If the People's Bank of China adjusts the loan interest rate after the signing of this contract and before the loan is issued, this contract will be executed at the new interest rate. During the loan period, if the People's Bank of China adjusts the loan interest rate, the new loan interest rate will be implemented from next year 1 month 1 day; If the Borrower fails to use the loan according to the purpose agreed in the Contract, or fails to use the loan according to the Contract, the penalty interest rate will be 50% higher than the loan interest rate; The repayment method is equal to the principal and interest repayment method, and the principal and interest of the loan are repaid monthly; Method of termination of the contract: during the loan period, the principal who fails to repay the loan principal and interest as agreed for a total of three months or six months has the right to terminate the contract; The defendants Sui Qiang and Wang Fengqin voluntarily used Room 2505, 25th Floor, Unit 4, BuildingNo. 1, Yuxin International Plaza, Nanjing Road, Shangqiu City as mortgage guarantee. The term of mortgage guarantee shall be from the date when mortgage registration is completed to the date when all the secured creditor's rights are paid off; Liability for breach of contract: during the loan period, if the borrower fails to repay the loan principal and interest within the repayment period as agreed in the contract, the client will calculate the interest on the loan balance at the monthly interest rate of 3.75‰ as agreed in the contract, compound interest on the unpaid part at the monthly interest rate of 3.75‰ as agreed in the contract, and charge liquidated damages at a penalty rate of 50% on the loan interest rate level for the installment repayment amount in arrears and the actual days in arrears. After both parties signed the contract, the plaintiff Shangqiu Housing Provident Fund Management Center entrusted the lender China Construction Bank Co., Ltd. Shangqiu Branch Song Cheng Branch to lend the loan of130,000 yuan to the defendant Sui Qiang according to the contract on June 20 14. Defendant Sui Qiang violated the contract and overdue the loan for more than 3 months. By the date of prosecution, that is, June 4, 20 16, the defendants Sui Qiang and Wang Fengqin still owed the plaintiff the loan principal of 8,624.02 yuan, with interest of 3,072.16 yuan, * * *1696. It is found out that the daughter of defendants Sui Qiang and Wang Fengqin, Sui Bofang, has repaid the loan 17405.8 yuan to Shangqiu Branch of China Construction Bank Co., Ltd., a lender entrusted by Shangqiu Housing Provident Fund Management Center.
We believe that the entrusted loan contract and the entrusted loan mortgage contract signed by the plaintiff Shangqiu Housing Provident Fund Management Center and the lender China Construction Bank Co., Ltd. Shangqiu Branch Song Cheng Sub-branch with the defendants Sui Qiang and Wang Fengqin are legal in form, and their contents do not violate the prohibitive provisions of laws and regulations, and the contracts are valid. In this case, the plaintiff Shangqiu Housing Provident Fund Management Center entrusted the entrusted bank, Shangqiu Branch of China Construction Bank Co., Ltd., to handle the housing provident fund loan130,000 yuan on behalf of the defendant Sui Qiang, while the defendants Sui Qiang and Wang Fengqin violated the contract, and the overdue payment exceeded 3 months in total. According to the contract and Article 26 of the Regulations on the Management of Housing Provident Funds, That is, the risk of housing provident fund loans should be stipulated by the housing provident fund management center. The plaintiff Shangqiu Housing Provident Fund Management Center has the right to terminate the contract and ask the defendants Sui Qiang and Wang Fengqin to repay the loan principal, interest and penalty interest in one lump sum. Therefore, the plaintiff Shangqiu Housing Provident Fund Management Center requires the defendants Sui Qiang and Wang Fengqin * * * to repay the loan principal and interest 1 1696. 18 yuan and the interest and penalty interest after June 20 16, and our court supports them. According to Article 93, paragraph 2, Article 205, Article 206 and Article 207 of the Contract Law of the People's Republic of China and Article 144 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:
1. Dissolve the entrusted loan contract of Shangqiu individual housing provident fund signed by the plaintiff Shangqiu Housing Provident Fund Management Center, the lender China Construction Bank Co., Ltd. Shangqiu Branch Song Cheng Branch and the defendants Sui Qiang and Wang Fengqin.
2. Defendants Sui Qiang and Wang Fengqin paid the plaintiff the loan principal and interest of Shangqiu Housing Provident Fund Management Center in one lump sum 1 1696. 18 yuan (the interest and penalty interest after June 20 16 will be calculated according to the contract agreement of both parties until the date of payment).
3. The above-mentioned funds shall be fulfilled within ten days after this judgment comes into effect.
Four, reject the plaintiff Shangqiu City Housing Provident Fund Management Center's other claims.
If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of the People's Republic of China.
The acceptance fee for the first-instance case was 2,694 yuan, which was borne by the defendants Sui Qiang and Wang Fengqin.
If you refuse to accept this judgment. You can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the opposing parties. At the same time, you can pay the appeal acceptance fee (account name: Shangqiu Finance Bureau, account bank: Zhongyuan Bank Shangqiu Huishang Sub-branch, account number: 80××× 1 1) according to the amount of the appeal request that refuses to accept this judgment, and appeal to the Intermediate People's Court of Shangqiu City, Henan Province. If the appeal fee is not paid in full within seven days from the date of expiration of the appeal, the appeal shall be automatically withdrawn.
Trial judge Jin Shijun
The adjudicator wakes up
Acting judge Zhang Peng
November 17th, 2016
Bookkeeper Sun Xuemin