22.5 million loans were not received, but they were asked to repay the loans. The merchants sued the contractor bank

category:Hot
 22.5 million loans were not received, but they were asked to repay the loans. The merchants sued the contractor bank


Contract notes are all forged, cheaters get life imprisonment

Lu Chunguang, an inner Mongolia businessman, told the upstream news reporter that since 2010, due to the needs of business contacts, he had some cooperation with Ren Guofu, the legal representative of Chifeng Jindu Automobile Trade Co., Ltd., mainly fund lending and borrowing. In 2011, at the request of Ren Guofu, Lu Chunguang mortgaged the house property certificate for two years, providing guarantee for 22 million yuan of the 44 million yuan acceptance bill handled by Ren Guofu in Chifeng Branch of the contractor bank.

It was only after the crime that Ren Guofus contract bills were forged and the loan contracts were invalid. As a guarantor who did not know at that time, I should not bear any repayment responsibility. Lu Chunguang said.

In June 2015, Ren Guofu was sentenced to life imprisonment by the court for the crime of fraud and obtaining loans and acceptance bills.

On December 5, 2013, the contractor bank worked out a risk resolution plan, believing that the most effective solution is to shift the debt to the mortgagor Lu Chunguang. Source / picture

The guarantors want to back the debts of the cheaters, and the banks operate 22.5 million yuan of empty loans

In 2014, the contractor Bank found me and asked me to bear the repayment responsibility for the guarantee of Ren Guofus 22 million acceptance bill. Lu Chunguang said that at the beginning, he felt that it was inappropriate. After all, Ren Guofus behavior had been identified as fraud, and the documents and contracts were all forged. The bank itself had certain responsibility for making loans, and he, as a mortgage guarantor, did not know about the fraud.

Since then, the contractor bank has promised Lu Chunguang that if it is responsible for repaying Ren Guofus debts, the bank will provide another 18 million yuan of working capital for Lu Chunguangs enterprises to ensure the operation of the enterprise.

In order to develop the enterprise, Lu Chunguang agreed to the requirements of the contractor bank. In January 2014, Lu Chunguang signed a 22.5 million yuan working capital loan contract with the contractor bank in the name of the company. After the signing of the contract, the loan promised by the contractor bank was delayed.

According to the dossier provided by Hongshan Branch of Baoshang bank in the court hearing, on December 5, 2013, Baoshang bank formulated the risk resolution plan for advance payment of bank acceptance bill of Jindu company affiliated to Ren Guofu. The bank believed that Ren Guofu had been detained by the public security organ, his company had stopped operation, and all of them had lost the ability to repay the loan. The most effective solution was to Translate the debt to Lu Chunguang.

On December 9, 2013, Hongshan sub branch of Baoshang bank issued an investigation report to the loan review committee of Baosteel bank. It was mentioned that after the loan granted to Lu Chunguang arrived, the loan of 22.5 million yuan was immediately used to resolve the non-performing debt of Ren Guofu company, which was handled directly by the bank. On December 27 of the same year, the eastern examination and approval center of the Contractors Bank issued the approval notice of credit business to Chifeng Branch, approving the 22.5 million yuan credit line, but requiring the loan to be closed operation and directly used to repay the debts owed by Ren Guofu company after the loan was put down.

Lu Chunguangs lawyer said that the Contractors Bank nominally provided 22.5 million yuan loan to Lu Chunguang, in fact, in order to resolve the bad debts of Jindu company. The 22.5 million yuan loan process was completely closed by the bank and directly returned to his account. The nominal borrower Lu Chunguang could not actually possess and use the fund.

In 2017, the 18 million yuan of working capital promised by the Contractors bank failed to reach the account. However, Lu Chunguang had not paid back the loan of 22.5 million yuan, so the contractor bank applied to the court for enforcement. Lu Chunguang refused to repay the 22.5 million yuan loan which was in vain, and sued the Contractors Bank to the court, demanding that the working capital loan contract signed by both parties and the relevant mortgage guarantee contract were invalid and not implemented.

The Contractors Bank said that the contract between the two parties is a true declaration of intent, the content does not violate the legal provisions, and has been notarized by a notary office. After the signing of the contract, the bank transferred the loan of 22.5 million yuan into Lu Chunguangs company account, and has fulfilled the loan obligation. After the loan was due, Lu Chunguang failed to repay the loan on time. Therefore, the bank applied for enforcement, and now the court is asking the court to reject Lu Chunguangs lawsuit.

In November 2019, Inner Mongolia Chifeng intermediate peoples court made a judgment of first instance, holding that the Contractors Bank transferred 22.5 million yuan loan into Lu Chunguangs account, and then transferred the loan to the companys account previously controlled by Ren Guofu on the same day. Accordingly, the court found that the working capital loan contract of both parties was valid, and Lu Chunguangs prosecution evidence was insufficient, so it rejected his claim.

The judgment did not mention the authenticity and proof of several evidences such as debt translation in the internal documents of the Contractors Bank.

After the sentence was pronounced in the first instance, Lu Chunguang appealed, and the case is currently in the process of the second instance.

On March 25, 2014, Hongshan sub branch of the contractor bank lent 22.5 million yuan to Lu Chunguangs company account, and then transferred the money out to Ren Guofus Jindu company. Source / picture

After the bank made the payment, the merchant said there was no signature on the bill

The upstream news reporter obtained a statement of the unit account of the Contractors Bank. According to the statement, on March 25, 2014, Hongshan Branch of the Contractors bank lent 22.5 million yuan to Lu Chunguangs company account, and then transferred out the money. According to the receipt of the Contractors Bank, Lu Chunguangs company is the drawer, and the payee is Ren Guofus Chifeng Jindu Automobile Trading Co., Ltd., and the bill type is transfer.

Lu Chunguang said that all the contents written on the banks receipts were written by the staff of the Contractors Bank, without the signature and seal of his own and the company. This proves the contents of the approval notice of credit business in the file materials of the Contractors Bank, and it proves that the credit of 22.5 million yuan is agreed, but the loan is required to be closed operation . After the loan is put down, it can be directly used to repay the debts owed by Ren Guofu company. Lu Chunguang said.

On October 27, a new upstream reporter called director Liu, who was in charge of credit in the former company Department of Hongshan sub branch of the Contractors Bank involved in the case. He said that he had left the Contractors Bank and it was inconvenient for him to be interviewed.

The reporter then repeatedly called the president of Hongshan sub branch of the contractor bank involved in the case, but his phone call had not been answered and no reply was given to the SMS.

Upstream journalist Li Hongpeng

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Source of this article: upstream news editor: Xun Jianguo_ NN7379