Yubei District Chongqing people's court
Civil judgment
(2015) Yubei minchuzi No. 13474th
The plaintiff Pan Xuehui, female, was born in July 24, 1955, Han nationality, living in Fuling District, Chongqing city.
Agent Yeyu Tian, Chongqing Jiashi lawyer.
Defendant Tan Qingkui, male, born in December 1, 1977, Han nationality, live in Kaixian, Chongqing.
Defendant Chongqing yuan investment Co., Ltd., Chongqing, city, the residence of the northern New District, Qixia Road, No. 4, No. 18, no..
Legal representative Tan Qingkui.
The plaintiff and the defendant Tan Qingkui Pan Xuehui, Chongqing yuan investment Co. Ltd. (hereinafter referred to as the yuan company) the case of private lending disputes, July 20, 2015 in the hospital after receiving, by acting judge Liu Lei durenshenpan, according to the summary procedure and in August 6, 2015 open court trial. The entrusted agent of plaintiff Pan Xuehui Tian Yeyu attended the court proceedings. Defendant Tan Qingkui, yuan company legally summoned by the court, without proper reason not to take part in the proceedings, the court hearing. The case has now been finalized.
The plaintiff Pan Xuehui alleged that: the defendant because of the construction project lack of funds to the loan, and in July 3, 2014 signed the "personal loan contract" with the plaintiff, the plaintiff to borrow 400000 yuan, a period of 12 months, the monthly interest rate of 1.666%, the monthly interest payment, such as overdue loans, overdue from the date on the basis of the contract interest rate on the subject 50% penalty, and payment of liquidated damages according to the balance of the loan 20%. During the performance of the contract, the defendant, the company only to the plaintiff to pay the plaintiff in October 3, 2014 before the interest. After the defendant yuan company operating difficulties, capital chain rupture, closed in early December 2014. In view of the status of the two defendant, the plaintiff in mid November 2014 announced the loan early maturity, the two defendants asked timely repayment of loans, two the defendant has no objection, the defendant Tan Qingkui on December 31, 2014 as the actual construction issued by the owner to Pakistan source construction investment company payment orders, order the payment of this section, in addition, the defendant Tan Qingkui is willing to assume security the responsibility of the principal and interest of the loan in February 7, 2015 and a written commitment, but the two defendants to the plaintiff has not repay the loan. The plaintiff sued to the hospital and asked: 1, order the defendant to the plaintiff as yuan company returned 400000 yuan loan principal and interest in July 2, 2015 59976 yuan (calculated: the amount of interest on the loan principal of 400000 yuan as the base, from October 4, 2014 onwards, according to the monthly interest rate of 1.666% calculated to July 2, 2015) and payment from July 3, 2015 onwards interest (to the loan principal of 400000 yuan as the base, from July 3, 2015 onwards, according to the calculation, the monthly interest rate of 1.666% of the standard to the Qing Dynasty ended; 2, the defendant Tan Qingkui) of the loan principal repayment liability jointly and severally.
Defendant Tan Qingkui, yuan company had no written reply, also did not appear in the proceedings.
The court found the following fact: in July 3, 2014, the lender for the plaintiff, the defendant (Jia Fang) yuan company as the borrower (Party B) signed a "personal loan contract", mainly stated: “ 1, the loan amount is 400000 yuan, the purpose of the loan for the construction of the Banan antlers resettlement housing building B, the loan period is 12 April, from July 3, 2014 to July 2, 2015, the actual loan period to loan certificate records shall prevail, loan certificate for part of this contract, and this contract are equally valid, the execution rate of 1 month loan, 0); font-family: Simsun; font-size: medium; text-align: justify; "/ >
Two, 15 August 17th
Book keeper Liu Yuexing