贷款人发放贷款方式违约应减轻保证人责任(A loan by a lender shall mitigate the liability of the guarantor in breach of contract).doc
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贷款人发放贷款方式违约应减轻保证人责任(A loan by a lender shall mitigate the liability of the guarantor in breach of contract)
贷款人发放贷款方式违约应减轻保证人责任(A loan by a lender shall mitigate the liability of the guarantor in breach of contract)
A loan by a lender shall mitigate the liability of the guarantor in breach of contract
Author: Liu Lai Shuanggao Enhua published: 2010-11-01 16:28:02
Brief introduction:
On January 15, 2008, the plaintiff and the defendant China Co truction Bank Corp branch Wenshang Jiang, he, Li Mou signed Wenshang County policy of housing fund personal housing loan contract, the main content of the contract: Jiangmou apply for individual housing provident fund loans 50 thousand yuan, from January 15, 2008 to January 4, 2018, the monthly interest rate of 3.375 per thousand; the purpose of the loan for the purchase agreement; the loan is the way to transfer loans to unit prices or real estate market opening in the plaintiffs account; the borrower for repayment of principal monthly repayment, the monthly loan repayment amount of 507.41 yuan. If the borrower fails to repay the principal and interest of the loan within 6 months during the term of the loan, the lender has the right to terminate the contract and withdraw the principal and interest of the loan in advance, and require the guarantor to perform the suretyship liability in advance.
The defendant he and Lee signed with the plaintiff Wenshang County housing finance policy individual housing loan guarantee contract, the defendant Jiangmou the loan guarantee bear joint liability. The bank will now pay the defendant 50 thousand yuan. The defendant Jiang full use of the loan, the cumulative more than six months (January 15, 2008 to December 6, 2009) outstanding loans principal and interest, the plaintiff repeatedly collection, the defendant refused to return the loan principal and interest.
Referees results and reasons:
The court held that the defendant, Jiang and the plaintiff signed the housing loan contract is its true meaning, the content of the contract in line with the relevant provisions of the law, the contract should
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