Civil administrative procuratorate
Xuancheng Procuratorate: over 20 years of interest disputes have been successfully resolved through procuratorial protest
Time: February 13, 2023 Author: News source: [Font size: large | in | Small

"At present, the judgment has been fulfilled. Thank you for your application to the provincial procuratorate for protest and for the court's revision of the judgment, which saved the Bank's economic loss of 1.64 million yuan..." Recently, the relevant responsible persons of Bank A came to Xuancheng Procuratorate to express their gratitude to the procurator.  
The cause of the case will start 24 years ago. Mr. Lei was once the deputy director of the business department of Bank A. In January and October 1998, Mr. Lei signed the Lending Contract with Bank B in the name of Bank A, agreeing that Bank A would borrow 500000 yuan and 600000 yuan from Bank B, with the monthly borrowing rate of 8.4% and 9.24%, and the duration of 183 days. However, after the repayment period expired, Lei only repaid more than 59000 yuan of interest to Bank B, and the rest of the loans were outstanding.  
Shortly afterwards, Lei was put on file for investigation by the Xuancheng Procuratorate on suspicion of misappropriating public funds, and then fled. In 2017, Lei was arrested and sentenced to 3 years' imprisonment by the court. The court found out according to law that during his tenure as the deputy director of the business department of Bank A, Mr. Lei signed the above two borrowing contracts with Bank B on behalf of Bank A, and signed the above two borrowing contracts with Bank B on behalf of Bank A in the receiving room. After receiving the transfer cheque from Bank B without filling in the payee, he made a false receipt and delivered it to Bank B, and transferred the loan out for stock trading.  
On March 19, 2019, Bank B sued Bank A to the court in order to demand the above two loans. After the first and second instance procedures, the court of second instance finally decided as follows: In addition to repaying the principal and interest of bank B's loan on schedule, bank A should also repay the off term interest of bank B's loan at the monthly interest rate agreed in the Lending Contract. Since 20 years have passed since the expiration of the contract period, the resulting interest outside the contract period is a huge amount. As a result of refusing to accept the judgment of the second instance, Bank A applied to Xuancheng Procuratorate for supervision after the application for retrial was rejected by the Provincial High Court.  
After accepting the case, Zhu Qiongfang, the prosecutor in charge of Xuancheng Procuratorate, carefully reviewed all the case materials, and the facts identified by the review were consistent with those identified by the court, but he believed that the court had made a mistake in applying the law. Zhu Qiongfang believed that the judgment of the court of second instance that Bank A needed to repay Bank B's loan interest on schedule was based on the Provisions of the Supreme Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases. The two banks were national banking financial institutions, which did not fall within the scope of application specified in the judicial interpretation. Therefore, Xuancheng Procuratorate submitted the case to the Provincial Procuratorate for protest.  
After examination, the Provincial Procuratorate found that the reasons for the protest were valid, so it filed a protest to the Provincial High Court in February 2022. In July 2022, the Provincial High Court held a court session to hear the case. On September 28 of the same year, it made a retrial judgment, adopted the protest opinion of the procuratorial organ, rescinded the original judgment of first and second instance, and ordered Bank A to return the loan principal of Bank B on schedule. As for the losses caused by the case involving the Lending Contract, given that both parties were at fault, Bank A was determined to bear 60% of the civil liability for compensation, Bank B is responsible for 40% of the losses. Chadhan