Yubei District Chongqing people's court
Civil judgment
(2015) Yubei minchuzi No. 15617th
The Plaintiff still even jade, male, Han nationality, born in March 4, 1939, living in Wansheng District, Chongqing city.
Agent Tian Yeyu, Christie's Chongqing lawyer.
Defendant Chongqing yuan investment Co., Ltd., Chongqing City, North District, North district.
Legal representative Liu Shangbing, unknown position.
The defendant, Tan Qingkui, male, Han nationality, born in December 1, 1977, lives in Kaixian, Chongqing.
The plaintiff and the defendant and even jade Chongqing yuan investment Co. Ltd. (hereinafter referred to as &ldquo yuan; Chongqing investment ”), Tan Qingkui private lending dispute case, September 23, 2015 in the hospital to accept the case, according to the law by the acting judge Yao Liping durenshenpan, for Jian Yicheng ordered in November 3, 2015 to conduct a public trial. The plaintiff and even jade agent Tian Yeyu attended the court proceedings, the defendant Chongqing yuan investment Co. Ltd., Tan Qingkui legally summoned by the court, without justifiable reasons, refused to appear in the proceedings, the court conducted the hearing. The case has now been finalized.
The plaintiff claimed that: even the jade and the plaintiff and the defendant Chongqing yuan investment for investment is signed loan financing intermediary contract, the plaintiff to the defendant by the investment invested 400 thousand yuan for Banan antlers site, a period of 12 months, the monthly interest rate of 16.66 per thousand. After signing the contract, the plaintiff to fulfill their obligations, and the defendant paid only in November 24, 2014 before interest, due to the two defendants operating difficulties, closed at the end of December 2014. The plaintiff in the end of December 2014 to the two defendants announced the loan ahead of maturity, the two defendants asked to borrow loans in a timely manner, the two defendants agree, second defendants on February 7, 2015 issued a written undertaking to the loan principal and interest to bear all liability. After the plaintiff has repeatedly demanded to no avail, the plaintiff sued defendant to request is: 1 yuan investment repay the loan of 400 thousand yuan and interest payments (since November 24, 2014, the monthly rate of 16.66‰ the calculation of interest to pay off the principal; 2) ordered the second defendants to bear joint liability for the debt.
The defendant Chongqing yuan investment, Tan Qingkui did not appear in the proceedings, nor submit written pleadings.
After hearing that: in October 24, 2014, and even for the client to jade (Party A), Chongqing yuan investment broker (Party B), the two sides signed a financing intermediary contract, the contract agreement: 1 Party A will lend its own funds 400 thousand yuan, for a period of 12 months, the monthly interest rate, 16.66‰ entrust Party B for the borrower and provide contracting opportunity and related intermediary services, the deputy party design scheme and construction loan contract text and other related documents such as loans, investment, total borrowing is greater than the amount of the borrower commissioned by Party A, Party B and Party A agrees to recommend investigations commissioned Li Jinrong as a representative to participate in the project on behalf of the investor, the investor representative supervision entrust Party B on behalf of the party received loan principal timely transferred to the account of Party A; 2 Intermediate Period of October 24, 2014 to October 23, 2015, intermediary People who contribute to the establishment of a contract, the brokerage expenses borne by the intermediator; 3Party a loan (investment) if the borrower can not be performance or performance can not be performance by Party B, Party A shall bear the responsibility for its breach of contract, including the return of the principal of the loan, payment of interest and default payments. Party B in advance of responsibility, such as the judicial way through the successful collection agency, Party A shall pay Party B the agency service fee standard for financing to pay Party A liquidated damages interest outside 50%. On the same day, even the jade payment Chongqing yuan investment 400 thousand yuan, Chongqing yuan investment to the still even issued a receipt to the jade. On the same day, Chongqing yuan investment to even notice issued by the jade and promised to return the principal, the notice stated: Dear customers and even jade, according to your sign and our intermediary contract, our solemn promise to you on 23 October 2015 to refund 400 thousand yuan of investment.
In December 25, 2014, Tan Qingkui to the identity of the person to debt issued on October 25, 2015 by You Lianyu et al owed loan principal list, the list of state owed 400 thousand yuan loan principal and even jade. In February 7, 2015, Tan Qingkui issued a letter of commitment to You Lianyu: in 2014, my name in Chongqing yuan investment to individual citizens and investors in the form of loans to the financing of gold, has been used in my personal contract to build Chongqing Banan economic Park antlers group land farmers to non directional placement of capped-price housing project, as yuan investment holding at the time of the shareholders and the legal representative, willing to accept the return of principal responsibility and compensation for loss of interest.
Another investigation, Tan Qingkui original Department of Chongqing yuan investment legal representative, after the legal representative of the Chongqing yuan investment is changed to Liu Shangbing.
The fact that the investment and financing intermediary contract, payment, receipt, commissioned by the single undertaking, money transfer notice, notice of repayment commitments and the plaintiff's statements and other evidence in evidence, sufficient to identify.
This court held that: the plaintiff and the defendant and even jade Chongqing yuan investment in October 24, 2014 signed the investment and financing intermediary contracts, the contract between the plaintiff lending period, interest standard, also agreed in the borrowers default, from Chongqing yuan investment to take responsibility, and accused Chongqing yuan investment in the case of investment and financing the contract signed informed commitment principal issued to the plaintiff on the same day, the content can be seen, the plaintiff only charge interest, do not take risks, the agreement does not accord with the characteristics of profit and risk investment, combined with the defendant Tan Qingkui issued by the outstanding loan principal list and undertaking, it can be found that the investment the financing contract for the investment contract, it is the loan contract, the plaintiff and even lend artificial jade, borrowing the defendant yuan company, the loan amount is 40 Million, the loan period is from October 23, 2015 to October 24, 2014, the monthly interest rate of 16.66‰ the loan contract content does not violate the laws and administrative regulations of the mandatory provisions, legal and effective. The two sides agreed loan period has expired, the defendant Chongqing yuan investment does not press about repayment, it should bear civil liability for the return of 400 thousand yuan loan principal and interest payment of interest, since November 24, 2014, the monthly rate of 16.66&permil calculation, to pay off the principal. Responsibility of the defendant Tan Qingkui, from Tan Qingkui to the book of commitment issued by You Lianyu et al can be seen in the tan Qingkui voluntarily to personal name of Chongqing yuan investment debt to repay the principal and the plaintiff shall bear civil liability for compensation for loss of interest, the commitment as a debt to join, therefore, Tan Qingkui and Chongqing yuan investment bear joint responsibility for repayment. The defendant Tan Qingkui and Chongqing yuan investment did not appear in the proceedings, should not bear the legal consequences of the burden of proof.
In summary, the court in accordance with the "People's Republic of China contract law" article 196th, 205th, 206th, 207th, 144th "the provisions of people's Republic of China Civil Procedure Law", the judgment as follows:
First, the defendant Chongqing yuan investment Co., Ltd., Tan Qingkui in the effective date of this decision within ten days from the date of payment of the Plaintiff still even 400 thousand yuan of jade;
Ten days to pay the plaintiff and even interest two, the defendant Chongqing jade yuan investment Co. Ltd., Tan Qingkui on the effective date of the decision (since November 24, 2014, to 400 thousand yuan for the principal, the monthly rate of 16.66‰ calculation, to pay off the principal).
If the defendant fails to specify the period of this judgment to fulfill the obligations of paying money should be in accordance with the provisions of the "PRC Civil Procedure Law" article 253rd, pay interest on the debt default time.
Case acceptance fee of 8300 yuan, 4150 yuan to be charged by the defendant, the defendant Chongqing yuan investment Co., Ltd., Tan Qingkui common burden.
Who disagrees with this decision, the verdict can be delivered within fifteen days from the date of the submission of the petition, and put forward a copy number according to the other party, appeal to the Chongqing first intermediate people's court. If the parties have not made an appeal or only one party appeals in the legal period of appeal, the judgment shall have legal effect. After the legal effect of this judgment, the parties shall conscientiously perform all the obligations of the judgment. When one party fails to perform the application, the right holder may apply to the court for compulsory execution after the decision is made. The period of application for execution is two years, which is calculated from the last day of the legal document.
Acting judge Yao Liping
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Two, 15 December 20th
Book keeper Luo Yunjuan