Zhongyin Lawyers Successfully Appointed an Investment Company for Loan Contract Disputes
Author： Zhong yin (Chengdu) law firm
Recently, Zhongyin (Chengdu) branch’s lawyers Xu Hong and Zhao Qingshu represented the 19-month investment company in a loan contract dispute case to make a final judgment, and won a full victory.
In February 2015, a Sichuan Energy Development Co., Ltd. (abbreviation: an energy company) used Sichuan Real Estate Development Co., Ltd. (abbreviation: a real estate company) as a debt guarantor to Sichuan Investment Co., Ltd. (abbreviation: an investment company), borrowing RMB 200 million. During the existence of the contractual relationship, neither an energy company nor a real estate company fulfilled its obligations. After a number of investment companies failed to collect any results, they commissioned Zhongyin (Chengdu) branch’s lawyers Xu Hong and Zhao Qingshu to bring lawsuit to the Chengdu Intermediate People's Court of Sichuan Province to safeguard their legitimate rights and interests.
In May 2016, Chengdu Intermediate People's Court of Chengdu Municipality of Sichuan Province, after an open hearing, decided that the borrower of an energy company and a guarantor of a real estate company jointly returned an investment company with a loan principal of RMB 200 million and a capital occupation fee. After the judgment of first instance, a real estate company of the guarantor appealed to the Higher People's Court of Sichuan Province on the ground that its guarantee was invalid. The Higher People's Court of Sichuan Province made a final judgment after being open to trial and determined that the Chengdu Intermediate People's Court found the facts clear, the evidence was indeed sufficient, the trial procedure was lawful, the applicable law was correct, and the court rejected the appeal and upheld the original verdict.
The case involved a large amount of money and a long time. Lawyers Xu Hong and Zhao Qingshu, with their solid theoretical foundation and rich practical experience, have conducted in-depth research and scrutiny of the case, formulated a litigation plan that suits the case itself, laid a solid legal foundation for the trustee’s effective debt repayment, and effectively maintained the legitimate rights of the client.