Article 23 If the legal representative or person in charge of an enterprise signs a private loan contract with the lender in the name of the enterprise, and the lender, the enterprise or its shareholders can prove that the loan belongs to the legal representative or person in charge of the enterprise, and the lender requests that the legal representative or person in charge of the enterprise be listed as a co-defendant or a third party, the people's court shall allow it.
If the legal representative or person in charge of an enterprise signs a private loan contract with the lender in the name of an individual, and the loan is used for the production and operation of the enterprise, and the lender requests the enterprise and the individual to share the responsibility, the people's court shall support it.
Related cases:
As the legal representatives of Handan Fuchuan Trading Co., Ltd. and Hebei Juheng Investment Company, Kyung-jin Lee stamped the cancelled company seal on the loan receipt, knowing that Handan Fuchuan Trading Co., Ltd. had been changed to Juheng Investment Company and the original company seal was invalid, and designated the company accounting personal account as the collection account. The above-mentioned borrowing behavior should be regarded as Kyung-jin Lee's personal behavior.
Kyung-jin Lee argued that it was a job behavior on behalf of the company, not a personal loan, and this court refused to accept it. Because Kyung-jin Lee and Juheng Investment Company decided that the loan was used for the production and operation of Juheng Investment Company, Kyung-jin Lee and Juheng Investment Company should repay the plaintiff Li Lixia's loan according to the provisions of the second paragraph of Article 23 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
Extended data:
1. Article 25 If the borrower and the lender have not agreed on interest, and the lender claims to pay interest during the loan period, the people's court will not support it.
If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for loans between natural persons, if the agreement between the borrower and the lender on loan interest is unclear, and the lender claims interest, the people's court shall determine the interest according to the contents of the private loan contract, the local or the parties' trading methods, trading habits, market interest rates and other factors.
2. Article 26 If the interest rate agreed between the borrower and the lender does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
3. Article 29 If the borrower and the lender have an agreement on the overdue interest rate, it shall be implemented according to the agreement, but the annual interest rate shall not exceed 24%. If the overdue interest rate is not agreed or clearly agreed, the people's court may handle it according to different circumstances:
(1) The lender claims that the borrower should pay the interest during the period of capital occupation at the annual interest rate of 6% from the date of overdue repayment, and the people's court should support it because the interest rate during the loan period has not been agreed;
(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment.
References:
Baidu encyclopedia? Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases