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No. 4 of Ten Model Cases on the Fair Trial of Major Trans-Provincial Civil, Commercial, and Administrative Cases Adjudicated by the No. 2 Circuit Court of the Supreme People's Court: Qian'an Branch of Agricultural Development Bank of China v. Jiangsu Sopo (Group) Co., Ltd. and Shanghai Rushi Industrial Co., Ltd. (Case of disputes over a guarantee contract)
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最高人民法院第二巡回法庭发布关于公正审理跨省重大民商事和行政案件十件典型案例之四：中国农业发展银行乾安县支行与江苏索普（集团）有限公司、上海儒仕实业有限公司保证合同纠纷案
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No. 4 of Ten Model Cases on the Fair Trial of Major Trans-Provincial Civil, Commercial, and Administrative Cases Adjudicated by the No. 2 Circuit Court of the Supreme People's Court: Qian'an Branch of Agricultural Development Bank of China v. Jiangsu Sopo (Group) Co., Ltd. and Shanghai Rushi Industrial Co., Ltd. (Case of disputes over a guarantee contract)
(Case of disputes over a guarantee contract)
最高人民法院第二巡回法庭发布关于公正审理跨省重大民商事和行政案件十件典型案例之四：中国农业发展银行乾安县支行与江苏索普（集团）有限公司、上海儒仕实业有限公司保证合同纠纷案
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| No. 4 of Ten Model Cases on the Fair Trial of Major Trans-Provincial Civil, Commercial, and Administrative Cases Adjudicated by the No. 2 Circuit Court of the Supreme People's Court: Qian'an Branch of Agricultural Development Bank of China v. Jiangsu Sopo (Group) Co., Ltd. and Shanghai Rushi Industrial Co., Ltd. (Case of disputes over a guarantee contract) | | 最高人民法院第二巡回法庭发布关于公正审理跨省重大民商事和行政案件十件典型案例之四：中国农业发展银行乾安县支行与江苏索普（集团）有限公司、上海儒仕实业有限公司保证合同纠纷案 |
| (No. 40 [2016], Final, Civil Division, Supreme People's Court) | | （2016）最高法民终40号 |
| (1) Case Merits | | (一)基本案情 |
| On June 28, 2011, in order to repay the loan borrowed from Qian'an Branch of Agricultural Development Bank of China (hereinafter referred to as “Qian'an Branch”), by means of repaying the old loan with a new loan, Songyuan Tian'an Biological Products Co., Ltd. (hereinafter referred to as “Tian'an Company”) concluded a Loan Contract on Working Capital with Qian'an Branch. It was stipulated in the Contract that Tian'an Company borrowed a loan of CNY 176.707 million from Qian'an Branch for repaying its previous debts, with the loan term from June 28, 2011 to June 26, 2019. On the same day, Qian'an Branch and Tian'an Company also concluded three loan restructuring contracts, with the amounts of restructuring loans of CNY 20 million, 80 million, and 30 million, respectively; Qian'an Branch concluded a Guarantee Contract with Jiangsu Sopo (Group) Co., Ltd. (hereinafter referred to as “Sopo Company”), Shanghai Rushi Industrial Co., Ltd. (hereinafter referred to as “Rushi Company”), and Jilin Alcohol Industry Co., Ltd.. It was stipulated in the Contract that Sopo Company, Rushi Company, and Jilin Alcohol Industry Co., Ltd. should provide joint and several guarantee for the Loan Contract on Working Capital at issue, the loan of CNY 30 million in another lawsuit, totaling CNY 206.707 million. On the same day, Qian'an Branch and the debtor, Tian'an Company, also concluded a Contract on Mortgage of the Maximum Amount, according to which the principal of the maximum guaranteed creditor's rights amounted to CNY 198.4 million. Qian'an Branch and a third party, Jilin Songyuan Ji'an Biochemistry Butanol Co., Ltd. (hereinafter referred to as “Butanol Company”) concluded a Contract on Mortgage of the Maximum Amount, according to which the principal of the maximum guaranteed creditor's rights amounted to CNY 30 million. After the conclusion of the aforesaid contracts, for the new loan at issue, Tian'an Company only repaid CNY 2.41 million without repaying the rest loans. In February 2015, Qian'an Branch filed this lawsuit with the Higher People's Court of Jilin Province and requested that Sopo Company and Rushi Company should jointly assume the guarantee liabilities and repay the principal of the loan of CNY 174.297 million owed by Tian'an Company. | | 2011年6月28日，松原天安生物制品有限公司（以下简称天安公司）为归还原所欠乾安县支行贷款，以借新还旧方式与乾安县支行签订本案《流动资金借款合同》，约定天安公司向乾安县支行借款17670.7万元人民币，用于偿还天安公司原所欠债务，借款期限自2011年6月28日起至2019年6月26日止。同日，乾安县支行与天安公司还签订了三份贷款重组合同，重组贷款金额分别为2000万元、 8000万元、3000万元。同日，乾安县支行与索普公司、儒仕公司以及吉林省酒精工业有限公司签订《保证合同》，约定索普公司、儒仕公司、吉林省酒精工业有限公司为本案借款合同以及另案3000万元借款总计20670.7万元的借款提供连带责任保证。同日，乾安县支行还与债务人天安公司签订《最高额抵押合同》，担保最高债权本金金额为19840万元；与第三人吉林松原吉安生化丁醇有限公司（以下简称丁醇公司）签订《最高额抵押合同》，担保最高债权本金金额为3000万元。以上合同签订后，对于本案新借贷款天安公司除偿还241万元外，其余均未偿还。2015年2月，乾安县支行向吉林省高级人民法院提起本案诉讼，请求索普公司、儒士公司共同连带承担保证责任，向乾安县支行偿还天安公司所欠借款本金17429.7万元。 |
| (2) Adjudication | | （二）裁判结果 |
After trial of the first instance, the Higher People's Court of Jilin Province held that: Qian'an Branch had the right to declare the advanced maturity of the loan and Sopo Company and Rushi Company should assume guarantee liability. In addition, the Higher People's Court of Jilin Province did not uphold the claims of Sopo Company and Rushi Company that their guarantee liabilities should be exempted within other guarantee and mortgage guarantee scope. On these grounds, the Higher People's Court of Jilin Province rendered a judgment that Sopo Company and Rushi Company should jointly and severally pay Qian'an Branch the principal of the loan of CNY 174.297 million as well as the corresponding interest, the default interest, and the compound interest, and jointly pay Qian'an Branch the lawyer's fee of CNY 540,000. Sopo Company and Rushi Company refused to accept the judgment and appealed to the Supreme People's Court.
．．．．．． | | 吉林省高级人民法院一审认为，本案乾安县支行有权宣布借款提前到期，索普公司、儒仕公司应当承担保证责任，且对索普公司、儒仕公司关于应在其他保证和抵押担保范围内免除保证责任的主张不予支持，据此判决索普公司、儒仕公司共同连带偿还乾安县支行借款本金17429.7万元及利息、罚息和复利，并连带给付乾安县支行本案律师代理费54万元等。索普公司、儒仕公司不服，向最高人民法院提出上诉。
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