It is reported that Zhengzhou Branch of bank of luoyang was suspected of changing or increasing the guarantee amount of100000 yuan in a loan business, and the guarantor sued the court. Finally, the court found that Zhengzhou Branch of bank of luoyang had changed its judgment.
According to the judgment, on May 29th, 2005, Zhengzhou Branch of bank of luoyang issued a loan of100000 yuan to Henan Shangyi Trading Co., Ltd., with a loan term of one year, and the guarantor was Gao Ding and others. After the loan expired, Shangyi Commercial Company failed to repay the loan as scheduled, so it re-applied for a new loan from Zhengzhou Branch of bank of luoyang by borrowing the new and returning the old.
Gao Ding, the guarantor, said that before issuing the new loan, Zhengzhou Branch of bank of luoyang agreed to guarantee 3 million yuan and signed a guarantee contract. After the new loan expired, Shangyi Commercial Bank failed to repay the loan. Zhengzhou Branch, bank of luoyang sued a commercial company and its guarantor Gao Ding. At this point, the high guarantee amount has become130,000 yuan. After judicial appraisal, in the guarantee contract? A thousand? Add changes. In the end, the court found that Zhengzhou Branch of bank of luoyang had changed its judgment, and the guarantor only had to bear the joint liability of paying off the principal and interest of 3 million yuan.
Not only is there insufficient risk control, but bank of luoyang's shareholding structure is also unstable. Some time ago, Yi Tuo Diesel Engine, the seventh largest shareholder of bank of luoyang, launched an investment promotion project. Yi Tuo Diesel intends to transfer its 4.06% stake in bank of luoyang. Once the transfer is completed, Yi Tuo Diesel Engine will no longer be a shareholder of bank of luoyang.
If the creditor tampers with the guarantee contract without authorization, it has no influence on the guarantor. According to the law, the parties can change the contract through consultation. The original guarantee contract is valid, and the guarantor shall perform the guarantee obligations according to the original guarantee contract. Article 77 The parties may modify the contract through consultation. Where laws and administrative regulations stipulate that contract changes shall be approved and registered, such provisions shall prevail. But the mistake was corrected by him privately and has no legal effect.
Well, that's all I want to share in this issue.