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发表于 2016-6-22 17:43:57 | 显示全部楼层 |阅读模式
A folk saying goes, the first time you fooled too cunning opponent, then fooled the second time he had been too stupid. Gaoyou Zheng Hua has a different experience. He said he was first taken too cunning each other, while the second is taken because the other side is the famous Nanning Branch of China CITIC Bank (hereinafter referred to Nanning CITIC), I do not doubt yourself how the bank can "pull a set of children" Let him drill, also known him for many years of hard work most of their lives fellow friends established companies are involved in, hova!
Zheng Hua who in the end what happened, so he broke our hearts with such "understanding"? It had to start from the first time he cheated.
Unpredictable people treacherous rivers and lakes
March 28, 2013 morning, Zheng Nanning, Guangxi, China to the local public security organs, said his company's bank loan 79 million yuan has been swept away by a man named Sun Jian, add their own personal money of 5.5 million yuan altogether is cheat 84.5 million yuan.
Police "fugitives registration information table" shows, Sun Jian,http://store.shopping.yahoo.co.jp/uchiyama-sports/swa-srxcln-a.html, Fujian Zhouning County, was born March 1, 1974. Types of cases: fraud. Case summary: "...... The investigation found that Sun Jian major crime suspects."
Zheng Hua record of inquiry records, in July 2012, Zheng Nanning, Guangxi, China to seek business opportunities, where he was introduced to be known as the Guangxi Zhuang Jin Steel Market Management Co., Ltd., chairman of Sun Jian. Exchanges for some time, he felt "very congenial" Sun Jian Hua Zheng, together with the proposed control a steel company co-operation. After consultations, the two oral agreement by Cheng Huaren Gong judicial legal representative, responsible for managing administrative affairs, because Sun Jian Guangxi Zhuang Jin Steel Market Management Co., Ltd.,http://store.shopping.yahoo.co.jp/spark-inc/bulb-55w-h8-1.html, is not convenient to make significant shareholders, shareholders do hidden, but purchase and sale of the company's business and finance controlled by him; operating costs in half for two sharing, profit sharing in half; half the funds for the management of each of the parties into the personal bank account.
August 2012, all foreign Billiton Guangxi Iron and Steel Co., Ltd. (foreign companies are under Extension) industrial and commercial administrative organs approved the establishment of a registered capital of 10 million yuan, registered shareholders are Zheng Hua, Jing. Ten days later, Australia Guangxi Shun Trading Co., Ltd. (hereinafter referred to as cis Australian company) approved the registration of shareholders Dong Li, Zheng Hua Shun Australian company registered capital for 10 million yuan.
The end of 2012, Sun Jian Zheng said China would like to do business with a bank loan to expand the business scale, Zheng Hua agreed. January 10, 2013, February 5, the Sun Jian operations to extension on behalf of foreign companies are from Nanning Branch of China CITIC Bank (hereinafter referred to Nanning CITIC) were successful loans 50 million yuan and 29 million yuan. Two loans into counterparty wide Xitai Run Steel Co., Ltd. and Guangxi new era steel company based in Nanning CITIC directly from your bank account. Subsequently, Sun Jian Zheng Hua said the two companies canceled the deal, the two companies into the purchase price of 79 million yuan, respectively, both of them back to the personal bank accounts, each account transferred 39.5 million yuan. In mid-March,http://store.shopping.yahoo.co.jp/gion/an-37ag3.html, said Sun Jian to use the loan to buy steel, Zheng Hua facilitate March 20,louboutin soldes,http://www.dychihe.com/home.php?mod=space&uid=465548, 21, respectively, in accordance with the requirements of Sun Jian to remit to his bank accounts and transportation named "Chen Division," the Bank Account the total import 45 million yuan.
A few days later, Sun Jian disappeared. Sun Zheng Hua bank account to query, to find that all the money has been transferred out, this time only to discover that he might Zheng Hua cheated, then alarm.
Sneak loophole frequent
Due to the current Sun Jian at large, how successful he had to mortgage the detailed process probably only 79 million yuan in Nanning CITIC people know best, but a series of unusual practice Nanning CITIC is able to explain the operation of bank oversight led to "black hole" appears.
The first anomaly is that the signing of the [(2013) Zi No. 020 Gui silver Loan No. 044] with "working capital loans of RMB contract" day extension of both foreign companies and Nanning CITIC signed two copies of "pledge of rights contract" and 2 parts of "receivables pledge registration agreement" that the four contracts (agreements) is the extension of foreign companies are collateral security provided Ning Zhongxin south. Extension foreign companies were the subject of a pledge for "accounts Guangxi Guangxi Industrial Co., Ltd. Hang sale contract payments", worth about 117 million yuan.
According to the representative case of lawyers, March 28, 2013, Huaxiang Nan Ning Zheng police, foreign companies are extension stops south Ning Zhongxin interest payments after maturity of the loan did not repay the principal and interest. Curiously, the extension of foreign companies are such a serious breach, neither the prosecution claims Nanning CITIC debt, the pledge did not apply to be executed in Guangxi Guangxi Industrial Co., Ltd. Hang receivables.
Can be found on the Internet, Guangxi Airlines Guangxi Industrial Co., Ltd. is a registered capital of several hundred million dollars of large enterprises, should have the ability to take collateral security obligations. Under normal circumstances, should actively Nanning CITIC recourse to the borrower and the guarantor loans, but they did not do so, it can be reasonably doubted the legitimacy of the pledge contract, which in turn leads to Nanning CITIC loan review process if the strict implementation of the relevant suspect regulations.
The second anomaly is [(2013) Zi No. 020 Gui silver Loan No. 044] "RMB working capital loan contract" expressly agreed, Nanning CITIC entitled "to pay the loan funds to manage and control, supervision by loan funds with the provisions of paragraph. " Later,http://chineseutah.com/home.php?mod=space&uid=8993, however, 79 million yuan from the loan account wide Xitai Run Steel Co., Ltd. and Guangxi in Nanning new era steel company CITIC, established in flowing into the Sun Jian Hua Zheng and personal accounts, the banks even indifferent, to a large commercial banks, risk control and financial regulatory loopholes incredible.
The third anomaly is not, on the surface of the Sun Jian extension are foreign companies, are neither shareholders nor its executives or employees, the enterprise was able to borrow such a huge amount of money, he in the end with what CITIC Nanning relations, Nanning CITIC what insider and outsiders can not it?
By the new-old graft
Sun Jian swept away the money has not yet recovered, the extension of foreign companies are unable to repay the loan, not the whereabouts of Nanning CITIC pledge guarantor recovery, owed 79 million yuan to form a huge "black hole." What is to fill the "black hole" mean? Nanning CITIC released a big move - "old debt" that foreign companies are continuing to Rio loans, allowed to repay old debts with new loans.
According to information provided by the lawyer,yeezy boost 750, Nanning CITIC taken to provide lines of credit provided by third parties and collateral way, at December 25, 2013, to the extension of all foreign companies, Shun Australian company 99 million yuan in total loans, respectively [contract symbol (2013) under the Bank Loan Gui Zi No. 306 69 million yuan, (2013) under the Bank Loan Gui Zi No. 307] 30 million yuan.
Of particular note is the extension granted to Nanning CITIC new foreign companies were 6900 million in loans for the purposes specified in the contract funds "by the new-old", and distributed to shun Australian company 30 million yuan, the loan contract specified the use of funds is "buy steel."
June 19, 2014, CITIC and Nanning and foreign companies have signed [Extension (2014) Gui silver Loan word No. 130] "liquidity loan contract," all foreign companies lend Extension 45 million yuan, the use of funds to "buy aluminum ingots. "
Nanning CITIC staff had explicitly acknowledged that 45 million yuan late loans for 10 million yuan was used to repay part of the pre-79 million yuan loan.
The three new pen loans require a third party to provide collateral, but where to find people willing to extension are secured by foreign companies it? In November 11, 2013 prior to the issuance of new loans, and CITIC Nanning Extension are foreign companies signed a line of credit up to 1.6 billion "comprehensive credit contract." Extension of credit which are foreign company 69 million yuan, 100 million yuan credit shun Australian company. With the "comprehensive credit contract", Zheng Nanning, China CITIC believe can more loans some money to his company to use, so he found a fellow friend, Yangzhou Wing Yi Real Estate Development Co.,ray ban soldes, Ltd. (hereinafter referred to as Yangzhou Arts Wing) legal representative Ni Defu to operate a lack of funds need a loan as a reason to "comprehensive credit contract" as evidence that moving Yangzhou YONGYI Nanning CITIC signed [(2013) Gui silver most against Zi No. 086] "maximum mortgage contract", agreed extension to all foreign companies to provide collateral loans.
Nanning Vice President Huang Lei CITIC's a record of inquiry also confirmed that he gave Zheng Hua try to find collateral, and recommended that it increases along the main Australian company loans. Zheng Hua said he adopt this approach not only has lost 79 million loan can make more of these loans Zheng Hua company back in business.
It is understood that Huang Lei had personally "inspect" Yangzhou YONGYI make Yangzhou YONGYI believe Nanning CITIC able to lend to Zheng Hua.
Yangzhou Yong Yi told reporters that the persons concerned, their company had agreed to provide security for the loan extension are foreign companies, because the extension of loans are foreign companies use for "working capital." At that time, whether or Zheng Hua Huang Lei, are not informed of their loans for the "old also borrow new" Yangzhou Yong Zheng Hua Yi completely and Nanning CITIC kept in the dark, the kind of friend for help but fell into the carefully set "black hole."
Not only because of advance on the consequences
Order Zheng Hua did not think that loan commitments Nanning CITIC not really used in the extension of foreign companies are in the business. The new loan is fully enclosed within the bank operations. It is understood that the internal bank closed operation refers to defaulters official seal, financial seal, legal representative of the chapter names, account passwords,http://store.shopping.yahoo.co.jp/ebest-dvd/0000001117325.html, passwords and other financial seal to the bank, one way defaulters by banks to monitor the financial situation.
Although funds can cover up shuffling back and forth time, 79 million yuan has been swept away by crook formed by the "black hole" always find a way to fill. So,nike air max pas cher, October 28, 2014, Nanning will CITIC Billiton are foreign companies and other arts and Yangzhou Wing together with court. Indictment, said the Nanning CITIC silent before karma lending disputes since the first loans to 79 million yuan Sun Jian has been swept away, but the lifting of (2014) Gui Zi No. 130 Bank loans later "RMB working capital loan contract" and ask each defendant to bear its guarantee obligations, claims its core is: Nanning CITIC auction, the sale of Yangzhou Arts Wing extension foreign companies are loans guaranteed by collateral (approximately 30,000 square meters of land use rights and construction in progress Engineering) resulting priority claim.
Nanning Qingxiu District People's Court hearing of the case, the judge considered, Yangzhou Arts Wing "with full civil rights and civil capacity, using their critical assets to provide collateral for the loan to others, large banks should exercise caution investigation and decision-making ", implying that Yangzhou YONGYI guarantee for others not careful, boomerang, so the judgment in favor of CITIC Nanning.
This result, Yangzhou YONGYI attorney, Jiangsu Min Chen Hongwen Thai law firm pointed out that China guarantee law, guarantee activities shall follow the equality, voluntariness, fairness, honesty and credibility. Therefore, the parties guarantee activity in the exercise of rights and obligations, first of all should be honest, the judiciary should be the spirit of fairness, justice idea treatment of security disputes.
The present case, first of all, in order to divert Nanning CITIC own losses, deliberately concealing facts and Zheng Hua collusion to defraud YONGYI collateral for the loan signing of the contract, the contract law in line with the provisions of the second paragraph of Article 52 of "malicious collusion , harm the state, the collective and the interests of third contract should be invalid contract situation ", the mortgage guarantee contract with the signing of Yangzhou Arts Wing is invalid.
Secondly, Article 24 of the Guarantee Law, "the creditor and the debtor agree to alter the principal contract, shall obtain the written consent of the guarantor, without the written consent of the guarantor, the guarantor no longer be liable." " Judicial Interpretation" Article 39 stipulates that "the main parties to the contract agreement with the new loans to repay old loans, in addition to the guarantor knows or should know, the surety shall not bear civil liability." by the court hearing the case can be learned, both foreign companies and Shun extension Australia signed the relevant loan contract, the loan purpose are expressly agreed for the purchase of "aluminum" and "steel", but in fact,doudounecanada goose, the loan was used to repay old loans, significant changes in the use of the loans. Zheng Hua also identified by the plaintiff to take the entire accounts closed mode of operation, changing the practice of human use of loan funds plaintiff Nanning CITIC. Yangzhou Yong Yi visible to provide collateral for the loans when "old debt" did not know, should not bear civil liability.
Third,http://www.matsue-yado.com/otoku/clip.cgi??, the court hearing Zhenghua Cheng recognize, before borrowing, the extension does not actually foreign companies are doing business, not profit, the company's balance sheet also shows the presence of its debt before the loan! But ignoring Nanning CITIC loan that the basic requirements of the rules and the law, illegal foreign companies were given extension Heshun Australian company up to 169 million of the credit, and the actual payment of nearly 130 million loan, which can be seen obviously subjective CITIC Nanning malicious.
Chen Hongwen lawyers combing the present context since the loan dispute, that is due to their own negligence CITIC Nanning, first illegal loans to 79 million yuan extension to all foreign companies, the results are not swept away by Sun Jian recovered, the formation of financial "black hole"; then Nanning CITIC again put loans as bait, collusion find Yangzhou Zheng Hua Yi Yong defraud provide collateral, then illegal loans to about $ 130 million extension to all foreign companies Heshun Australian company, relying on "old debt" temporary flat accounts; and finally through litigation means Yangzhou YONGYI assets for himself, to fill the "black hole."
Yangzhou Yong Yi believes that CITIC Nanning lending activity in this approach, not only disturbed our bank credit system, but also interferes with justice, while Yangzhou Arts Wing is a devastating blow, but the biggest benefit is a liar who Sun Jian Sun Jian and help complete fraud associates. In order to maintain normal economic order and social justice and the legitimate rights and interests of enterprises,http://www.kajie.org/home.php?mod=space&uid=59204, Yangzhou YONGYI to Nanning Intermediate People's Court of Appeal.
Newspaper will continue to monitor the progress of the merits of the case.
"Legal Daily Digest" depth investigation team
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