What are the reasons why the bank sued the employee for failing to repay the debt, and the employee argued that the loan was used to pay for the tasks assigned by the superior, rather than for personal expenses, and was finally ordered to repay the loan?
Recently, the official website of the State Administration of Financial Supervision disclosed that due to serious violations of prudential business rules, the Binzhou Supervision Branch plans to ban Zhang Jinhai, the former account manager of the Yongguan Road Branch of the Zhanhua County Union, for 4 years.
According to the first-instance civil judgment previously disclosed by the China Judgment Network, Zhang Jinhai was brought to court because he owed more than 230,000 yuan in principal and interest to the bank, arguing that the loan he borrowed was not used for personal consumption, but when he was working in a rural credit cooperative, he paid the task of collecting interest and recovering the loan when it expired, so he should not bear it. In the end, Zhang Jinhai was sentenced by the court to repay all the arrears owed by the bank.
It is worth noting that this case also involved Zhang Moujun, the guarantor of the above-mentioned loan, although he made a court judgment and repaid the arrears on behalf of Zhang Jinhai, his personal credit still showed that his personal credit was not good, so he sued the above-mentioned bank in court.
The bank relationship manager was banned from business for 4 years, and as of the date of the lawsuit, he still owed more than 230,000 yuan in principal and interest
According to the announcement of the delivery of the administrative penalty decision of the Binzhou Supervision Branch of the State Administration of Financial Supervision and Administration, Zhang Jinhai was the person directly responsible for the serious violation of prudential business rules caused by the illegal and illegal behaviors of the bank's former employees involved in the case during his tenure as the account manager of the Yongguan Road Branch of the Zhanhua County Associated Press. In accordance with the relevant regulations, our branch has decided to impose an administrative penalty on you from being banned from working in the banking industry for 4 years.
The above-mentioned documents show that the court of first instance found that on December 14, 2012, the Zhanhua County Rural Credit Cooperative Union (the plaintiff) and Zhang Jinhai signed a personal loan contract, stipulating that Zhang Jinhai would borrow 200,000 yuan from the plaintiff for personal consumption, with a period from December 14, 2012 to December 13, 2014.
Specifically, the borrowing method is recyclable, that is, the borrower can borrow and repay at any time within the range of 200,000 yuan and the term from December 14, 2012 to December 13, 2014. The repayment method is to repay the principal with interest, that is, all the principal and interest will be repaid at the maturity of the loan. At the same time, if the borrower fails to repay the principal of the loan within the time limit agreed in the contract, the lender shall charge penalty interest on the overdue loan at a rate of 50% on the basis of the loan execution interest rate from the date of overdue.
On December 14, 2012, Zhang Moujun and Zhang Moubin signed a maximum guarantee contract with Zhanhua County Rural Credit Cooperative, stipulating that Zhang Moujun and Zhang Moubin would provide the maximum guarantee for the creditor's rights formed by the aforesaid loan contract signed between Zhang Jinhai and Zhanhua County Rural Credit Cooperative, and the maximum balance of the guaranteed creditor's rights was 200,000 yuan, and the period was from December 14, 2012 to December 13, 2014, and the guarantee method was joint and several liability guarantee.
On December 17, 2013, Zhanhua County Rural Credit Cooperative issued a loan of 200,000 yuan to Zhang Jinhai with an agreed monthly interest rate of 5.00‰. However, upon the expiration of the loan term, Zhang Jinhai failed to fulfill his obligation to pay the principal and interest of the loan. Later, Zhang Jinhai returned part of the principal of the Zhanhua County Rural Credit Cooperative.
As of the date of the plaintiff's lawsuit, Zhang Jinhai still owed the loan principal of 193,373.05 yuan and the interest of 45,143.87 yuan to the Zhanhua County Rural Credit Cooperative. At the same time, Zhang Moujun and Zhang Moubin failed to fulfill their guarantee responsibilities.
The loan is used to pay for the tasks assigned by the superior, and the guarantor thinks that the account manager "repays the loan with the loan"
In court, Zhang Jinhai argued: "On December 14, 2013, I signed a loan of 200,000 yuan from the plaintiff, and this money was carried forward from the loan I had lent in 2008, and it was transferred five times. Since the loan was made in 2008, the cash has not reached my hands, nor has it been used for my personal consumption, and the real user of the money is not me. Instead, when I was working in a rural credit cooperative, I paid the interest collection tasks and loan recovery tasks due from my superiors. ”
Zhang Jinhai said that because he failed to recover the interest and loan principal in time, the interest and loan principal advanced by him were converted into loans.
He said: "The interest generated after the loan and the interest generated by the transfer of principal are about 260,000 yuan, as well as the advance principal and interest that I can't remember, all of which are borne by me. Therefore, although the loan mentioned in this case is in my name, it has not been used in my family, and it was all advanced to the business due to work needs, and the loan should not be repaid by me and my guarantor. ”
In addition, Zhang Moujun, the guarantor of this loan, argued: "Zhang Jinhai did not explain to me the real purpose of this loan, and this loan was not used for Zhang Jinhai's daily consumption, but to repay the loan with a loan. So I don't think I should be liable for the guarantee of this loan. ”
The court held that the loan contract and guarantee contract signed by the Zhanhua County Rural Credit Cooperative Association and the defendants Zhang Jinhai, Zhang Moujun and Zhang Moubin were the true expression of the parties' intentions, and the content was legal, and the parties should exercise their rights and perform their obligations in accordance with the contract.
The Zhanhua County Rural Credit Cooperatives shall issue loans to Zhang Jinhai in accordance with the agreement, and after the expiration of the loan period, Zhang Jinhai shall return the loan to the bank and pay the corresponding interest as agreed. If it fails to pay the principal and interest of the loan in accordance with the agreement after the expiration of the loan term, it constitutes a breach of contract and shall bear corresponding civil liability. Therefore, the court's request for Zhang Jinhai to repay the loan and pay interest was upheld by the court.
However, the court did not accept Zhang Jinhai's argument that the loan was used to repay the principal and interest of the loan that had not been recovered in time in his personal work, and was not used for personal consumption, but did not provide corresponding evidence.
In addition, Zhang Moujun believed that Zhang Jinhai's loan was repaid with a loan, and he did not know about it in advance, so he should not bear the guarantee liability, but did not provide corresponding evidence. Based on Zhang Jinhai's statement at the trial, it could not be confirmed that the loan was repaid with a loan, and based on the above court's analysis of Zhang Jinhai's repayment liability, the court held that Zhang Moujun, as the guarantor of joint and several liability, should be jointly and severally liable for the repayment of the principal and interest of Zhang Jinhai's loan within the scope of the guarantee.
In the end, the court ruled that Zhang Jinhai and Wang Moumei should repay the loan principal of 193,373.05 yuan and the corresponding interest to the Zhanhua County Rural Credit Cooperative within 10 days after the judgment took effect. In addition, Zhang Moujun and Zhang Moubin were jointly and severally liable for the principal and interest of the above-mentioned loans within the range of 200,000 yuan. After Zhang Moujun and Zhang Moubin bear the guarantee liability, they have the right to recover from Zhang Jinhai.
After the guarantor repaid the loan for the relationship manager, the credit was still bad, and the court ordered the bank to eliminate the bad record
According to another first-instance judgment, after the judgment of the above-mentioned case came into effect, Zhang Moujun fulfilled the obligation of the judgment and repaid the debts of the Zhanhua Branch of Binzhou Rural Commercial Bank Co., Ltd. (hereinafter referred to as the "Rural Commercial Zhanhua Branch", formerly the Zhanhua County Rural Credit Cooperative) on behalf of Zhang Jinhai, and the court issued relevant documents for the completion of enforcement.
However, Zhang Moujun found that the rural business Zhanhua branch had not eliminated his bad credit record by checking his personal credit report. Later, Zhang Moujun repeatedly negotiated with the agricultural business Zhanhua branch without success, so he sued the court.
The defendant Agricultural Commercial Zhanhua Sub-branch argued that the bank was not a qualified defendant in this case, and the credit reporting entity was the People's Bank of China; the plaintiff Zhang Moujun was included in the bad behavior, and as a defendant, he was not at fault, because once the system detected that Zhang Moujun's loan or guarantee was overdue, it would be included in the bad record; according to Article 16 of the "Regulations on the Administration of the Credit Investigation Industry", the bad credit record is five years after the suspension of the bad behavior, and Zhang Moujun's bad behavior did not exceed five years and did not meet the conditions for deleting the bad record. Therefore, Zhang's litigation claim should be rejected in accordance with law.
The court held that Zhang Moujun had provided a guarantee for others to borrow money from the Agricultural Business Zhanhua Branch, and after the court judgment, he had fulfilled the guarantee obligation in a timely manner and corrected the untrustworthy behavior, and the Agricultural Commercial Zhanhua Branch should promptly report Zhang Moujun's performance to the People's Bank of China credit investigation system, so that Zhang Moujun should not continue to be bad in the credit investigation system. The failure of the Rural Commercial Zhanhua Sub-branch to report Zhang's performance to the credit reporting system in a timely manner has infringed upon Zhang's credit rights, and he has the right to request the bank to eliminate the bad credit reporting record.
In addition, whether the People's Bank of China's credit reporting system is eliminated in a timely manner is a separate legal relationship, but it cannot negate the obligation of the agricultural business branch to report in a timely manner.
The People's Bank of China's credit reporting system is relatively closed, and according to relevant laws and regulations, only the person or relevant government departments and financial institutions can inquire about the information in the credit reporting system through legal procedures for statutory reasons. Zhang Moujun failed to provide evidence to prove that the information in the credit reporting system could be disseminated among unspecified people, and Zhang Moujun did have untrustworthy conduct, so Zhang Moujun's litigation request for a formal apology had no basis in law and was not supported by the court.
With regard to the issue of the inadequacy of the subject of the Agricultural Commercial Staining Sub-branch's argument, the court held that the People's Bank of China's credit investigation system records were provided by the Agricultural Commercial Staining Sub-branch, and the Credit Investigation Center did not guarantee their authenticity and accuracy, and that the formation of Zhang Moujun's bad records was formed by the reporting behavior of the Agricultural Commercial Staining Sub-branch, so the main body of the Agricultural Commercial Staining Sub-branch was qualified.
In summary, the court finally ruled that the Zhanhua Branch of Binzhou Rural Commercial Bank Co., Ltd. should submit correction information to the Credit Information Service Center of the People's Bank of China within 30 days after this judgment takes effect, so as to eliminate Zhang's bad record, and reject Zhang's other litigation claims.