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Contract dispute
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In black and white, you can't play with it!Typical cases of financial loan contract disputes

Brief introduction of the case: 
The defendant Zhang XX signed the "Bank of China Limited Personal Second-hand Housing Loan Contract" with the plaintiff for purchasing the XX room house in Shapingba District.,The agreed loan amount is 370,000 yuan,The term, interest, method of repayment and liability for breach of contract of the loan shall be agreed upon;meanwhile,The defendant Zhang provided the plaintiff with mortgage on the house,And handled the mortgage registration。In addition, the defendant Liu Mou and the plaintiff signed the "Bank of China Limited personal Loan guarantee Contract", agreed to assume joint and several liability guarantee for the loan。The defendant Zhang XX has been in breach of contract since May 2016, and the plaintiff has filed a lawsuit in order to safeguard the legitimate rights and interests。 
 
The verdict: 
The Court holds that legitimate lending relationships are protected by law。The loan, guarantee and mortgage contracts involved in the case shall be concluded in accordance with law and legally valid, and shall be binding on all parties。Plaintiff A company has fulfilled the loan obligation according to the contract, and defendant Zhang XX's failure to repay according to the contract constitutes a breach of contract, and shall bear the corresponding repayment liability and pay the overdue interest and penalty interest。The defendant Zhang XX will be registered in his own name located in Chongqing XX house to provide mortgage guarantee, according to the relevant provisions of the property law, the plaintiff in the scope of mortgage claims enjoy priority right to compensation。In addition, the defendant Liu Mou signed the guarantee contract to provide a guarantee, so it should assume joint and several liability guarantee for the above debts。 
 
In accordance with Article 196, Article 205, Article 206 and Article 207 of the Contract Law of the People's Republic of China, Article 46 of the Guarantee Law of the People's Republic of China, Article 170 of the Property Law of the People's Republic of China and Article 144 of the Civil Procedure Law of the People's Republic of China,The verdict is as follows: 
1. The defendant Zhang shall repay the principal of the loan of Plaintiff A Company 315,300 within ten days from the effective date of this judgment.32 yuan, interest receivable 12563.65 yuan, delinquent principal penalty interest 471.45 yuan, interest receivable penalty 353.62 yuan (temporarily calculated until March 14, 2017, after which interest and penalty interest continue to be calculated until the date of actual repayment in accordance with the contract);  
Second, plaintiff A company registered in the name of the defendant Zhang XX located in Shapingba District, within the amount of mortgage claims (to 370,000 yuan) enjoy priority right of repayment; 
3. Defendant Liu shall undertake joint liability guarantee for the above debts, and shall have the right to recover from defendant Zhang after actual performance。 
If the payment obligation is not fulfilled within the time limit specified in this judgment, the interest on the debt during the delay in performance shall be doubled in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China。 
The case acceptance fee is charged in half to 3084 yuan, which is jointly borne by the defendants Zhang and Liu。
 
Lawyer's comment:
1. The difficulty and key point of this case are: whether the defendant Zhang's failure to repay as agreed constitutes a breach of contract?Whether the plaintiff has the priority to be repaid within the scope of the mortgage claim? 
Since the two counterparties have entered into an effective loan, guarantee and mortgage contract according to law, and the defendant Zhang XX began to default, the case needs to investigate the other party's responsibility according to the contract default clause concluded by the two parties, and the provision of evidence is particularly important。Based on the fact that the other party is unable to repay the loan, then how to ensure that the debt can be repaid after the lawsuit?We mainly need to start from these two aspects, so as to help the parties actively fight for their legitimate rights and interests。 
2. The breakthrough point of this case is that the legal lending relationship is protected by law。The loan, guarantee and mortgage contracts in this case are concluded in accordance with law and are valid and binding on all parties。Plaintiff A company performed the loan obligation according to the contract, and defendant Zhang XX failed to repay according to the contract constitutes a breach of contract, according to the contract, the plaintiff has the right to declare the loan principal and interest due early。It shall bear the corresponding repayment responsibility and pay the overdue interest and penalty interest in accordance with the contract。 
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