Recently, the renowned international legal business rating agency, LegalOne, announced its annual "Outstanding Cases" (LegalOne Merits) awards. LegalOne granted the honorific evaluation of "Remarkable" to the "M Bank vs. H Company Financial Loan Contract Dispute Case" represented by Sun Ying Esq., partner at JAVY Law Firm.
In May 2018, H Company borrowed 5.98 billion RMB from M Bank with a loan term of one year. H Company used 100% equity of a Tibetan company it owned as collateral, with a real estate development company as the guarantor, using its land and buildings as collateral.
Subsequently, an announcement by H Company disclosed abnormal financial conditions, leading to multiple lawsuits and arbitration disputes, triggering a condition in the loan contract allowing M Bank to declare the loan due in advance. Therefore, citing financial non-compliance, M Bank filed a legal lawsuit against H Company, demanding immediate repayment of the loan principal and asking the guarantor to fulfill its obligations. The court ultimately supported M Bank's claim.
Ms. Sun acted as the representative lawyer for M Bank in this case. H Company faced significant financial challenges, with a claim amounting to hundreds of billions of RMB. The emergency-appointed legal representative immediately initiated the case filing and asset preservation procedures. Conducting an effective control and investigation of nearly 800 million RMB worth of assets within 24 hours laid a solid foundation for the subsequent realization of the creditor's rights.
After entering the enforcement stage, the entire property and land mortgaged by the guarantor to the bank were partially sealed by Beijing Fourth Intermediate People's Court, with the remaining portion sealed by Beijing Second Intermediate People's Court in a separate case execution. For the sake of unified execution, overall disposal of the mortgaged property, and comprehensive realization, Ms. Sun actively communicated and coordinated with the two courts.
Ultimately, with joint efforts from Ms. Sun’s team and the Beijing High People's Court, a portion of the mortgaged property detained by Beijing Second Intermediate People's Court was transferred for unified execution auction by Beijing Fourth Intermediate People's Court and executed by the court. The case concluded in April 2020, prioritizing payment from the auction proceeds of the mortgaged items. From filing to the overall disposal of mortgaged assets, the creditor's rights were realized in less than two years. The case resulted in a final victory, with M Bank successfully recovering its funds.
Through the efforts of Ms. Sun’s team, coordinated guidance from the Beijing High Court, and overall execution by Beijing Fourth Intermediate People's Court, the case was efficiently and swiftly concluded in the most straightforward manner, significantly saving judicial costs, improving execution efficiency, safeguarding the maximum value of the assets involved, protecting creditor interests, and achieving maximal results. This case is conducive to promoting the disposal of financial debt cases and serves as a model for the collection and handling of financial compensation cases, providing a reference for the consolidated execution of similar cases.
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