"Unexplainingly, we owe more than 3.9 million yuan in debt, which has troubled us for more than three years. It has been very difficult to concentrate on the production and operation of the company. This is good, and we have finally relieved this heavy burden." Recently, a biotechnology company in Hefei, Anhui Province (hereinafter referred to as biotechnology company) The person in charge expressed his gratitude to the prosecutor of Luyang District Procuratorate.

Huge debts fall from the sky

"Prosecutor, I am the entrusted agent of Hefei Biotechnology Co., Ltd., and this time I came to apply for supervision by the procuratorial organ..." On August 14, 2017, a complainant hurried into the complaint reception hall of the People's Procuratorate of Luyang District, Hefei City, and took out a large stack of complaint materials as he spoke.

After examination, the appeal met the acceptance conditions, and Luyang District Procuratorate accepted the case soon. After a comprehensive review of the case materials, the prosecutor in charge of handling the case quickly straightened out the whole process.

original, In October 2014, a packaging company limited in Hefei (hereinafter referred to as the packaging company) signed a loan contract with a small loan company limited in Anhui Province to borrow 3.5 million yuan due to the need of liquidity turnover, and agreed on the loan term, interest rate and other matters. Hefei Yirong Financing Guarantee Company (hereinafter referred to as the financing guarantee company) will provide guarantee for the loan.

In order to reduce the risk of guarantee liability and ensure the safety of funds, the financing guarantee company requires the packaging company to provide counter guarantee for the above borrowings. At the request of the packaging company, Mr. Wei joined forces in the name of an individual and the legal representative of the biotechnology company One company and four individuals respectively signed the Guarantee Counter guarantee Contract with the financing guarantee company for this loan. It is agreed that if the packaging company fails to repay the money on schedule, which causes the financing guarantee company to bear joint and several liability for repayment, the above units and individuals who have signed the Counter Guarantee Contract shall bear joint and several liability for repayment of the compensation.

The packaging company failed to repay the loan on schedule after the loan was due, and the financing guarantee company, as the guarantor In May 2015, more than 3.77 million yuan of loan principal and interest were repaid. In July of the same year, the financing guarantee company filed a lawsuit to the court, requesting that the packaging company be ordered to repay its compensation, overdue guarantee fee and interest, totaling more than 3.91 million yuan, and the counter guarantor, Biotechnology Company, Wei, and other units and individuals, bear joint and several liability for repayment.

On November 10, 2015, after the trial, the court ruled that biotechnology companies and other units and individuals should bear joint and several liability. After the first instance judgment came into effect, the biotechnology company applied to Hefei Intermediate Court for retrial, but was rejected. In this way, the biotechnology company has more than 3.9 million yuan of debt.

Careful review found doubts

This huge debt, biotechnology companies think they bear inexplicably.

When the case handling prosecutor asked the entrusted agent of the biotechnology company, he learned that the company had never signed a Counter Guarantee Contract with the financing guarantee company for the funds involved. It was not until the court began to enforce the company's property that it knew that it owed a huge amount of debt.

At this time, the judgment has come into force, and there is no way to appeal. In order to safeguard its legitimate rights and interests, the biotechnology company applied to the Hefei Intermediate Court for retrial, but was rejected. In desperation, they had to apply to the procuratorial organ for procuratorial supervision of civil effective judgments.

In order to find out the truth, the case handling team went to the original trial court to obtain relevant litigation materials of the case. In combination with the complaint materials provided by the biotechnology company, after careful review, the prosecutor found some doubts.

Relevant complaint materials provided by biotechnology companies indicate that, On May 18, 2014, according to the resolution of the shareholders' meeting of the company, Wei transferred all his equity and withdrew from the company. On June 6 of the same year, the legal representative of the company was changed from Mr. Wei to the current person in charge. However, the file materials show that the Counter Guarantee Contract signed by Wei and the financing guarantee company in the name of the company was signed on October 27, 2014, and was stamped with the official seal of the company. Since Wei is no longer the legal representative of the company, how can he sign a contract on behalf of the company? Is it that the company has given Wei authorization or subsequent ratification? However, the prosecutor did not find any evidence to prove it after searching the case file.

"Doubt is the breakthrough of the case." The prosecutor immediately decided to investigate the doubt in two ways. All the way to the industrial and commercial administration department to verify the industrial and commercial administration archives provided by the biotechnology company; On the other hand, we verified the above issues with the person in charge of the biotechnology company.

After verification, the information provided by the biotechnology company is consistent with the evidence obtained by the prosecutor. At the same time, the situation verified along the way made the case handling prosecutors gradually find out the truth.

"Wei signed the counter guarantee contract in the name of our company, and the official seal on it was forged by himself..." The person in charge of the biotechnology company provided important information in the conversation with the prosecutor. Subsequently, the supplementary appeal materials provided by the company, such as the Notice of Case Filing, the Notice of Expert Opinion and the Appraisal Letter, also confirmed that the company's seal affixed to the contract involved in the case was forged, and Mr. Wei was also investigated by the public security organ for being suspected of forging the company's seal.

Work together to find out the truth

"The Counter guarantee Contract involving the case signed by Wei on behalf of the biotechnology company is obviously invalid." The prosecutor introduced that Wei was not the legal representative of the biotechnology company when signing the contract, and the company did not ratify the counter guarantee behavior.

At the same time, the case handling prosecutor believed that the financing guarantee company, as a professional guarantee company, should fulfill the corresponding duty of examination and attention. The industrial and commercial registration materials are public. Without examining and verifying the true identity and authority of Wei, the contracting party of the contract, and the authenticity of the official seal, he signed the contract. He did not pay due attention and had obvious faults.

On December 4, 2017, on the basis of comprehensive investigation and verification, Luyang District Procuratorate submitted a protest to Hefei Municipal Procuratorate. After careful review, the Hefei Municipal Procuratorate believed that the reason for the Luyang District Procuratorate's appeal was valid, and the basic facts identified in the original judgment lacked evidence, so it filed a protest to the Hefei Intermediate Court on February 23, 2018.

The court held that the provision of counter guarantee by Wei in the name of a biotechnology company was unauthorized agency. The biotechnology company is not aware of Wei's personal act of carving the official seal and engaging in guarantee activities, and has no fault. The financing guarantee company failed to pay due attention and had obvious faults. The original trial found that the biotechnology company's joint and several guarantee liability was improper and should be corrected.

On December 5, 2018, the Hefei Intermediate Court made a judgment to revoke the third item of the original civil judgment, and the biotechnology company will not bear the joint and several liability for the payment involved in the case. The biotechnology company has finally discharged its debt burden of more than 3.9 million yuan for more than three years.