Case analysis of lawyer's practice

The case of XXX Trust Co., Ltd. v. XXX Trading Co., Ltd., XXX Guarantee Co., Ltd. and XXX Chen's financial loan contract dispute was first tried by the Intermediate People's Court and recently concluded. In this case, the plaintiff claimed that the defendant should repay the principal and interest of the loan and bear the legal fees and other related expenses. As the plaintiff's agent, the agent made full preparations before the trial and presented the relevant evidence materials collected to the court, which strongly supported the plaintiff's point of view. During the trial, the defendant held that the guarantors XXX Guarantee Co., Ltd. and Chen Moumou should not bear the joint and several guarantee liability, and the guarantee period as the guarantor of joint and several guarantee liability has expired. Regarding the above point of view, the agent clearly pointed out that the guarantor's guarantee period is still within the statutory guarantee responsibility period after the expiration of the main debt performance period, and it is not beyond the scope of guarantee. During the trial, the defendant also suggested that the lawyer's fees advocated by the plaintiff should not be borne by the defendant, and that the lawyer's fees are not necessary expenses, but should be borne by the plaintiff himself and not by the defendant. According to the relevant provisions in the Financial Loan Contract, the agent refuted the defendant's point of view and requested the people's court to support the plaintiff's reasonable rights protection expenses. To sum up, the plaintiff claimed that the defendant XXX Trading Co., Ltd. immediately paid the loan principal, interest and principal and interest of RMB 10,000, and demanded that the guarantor, the defendant XX Guarantee Co., Ltd. and the defendant San Chen Moumou should be jointly and severally liable for the above loan principal, overdue repayment interest and all the expenses paid by the plaintiff to realize the creditor's rights, which had factual and legal basis.

In the end, the court supported all the plaintiff's claims.