Amin and Wang Datian work in the same enterprise. In the spring of this year, Amin resigned to build a starch processing factory and hired Wang Datian to be the business director in his own factory. Half a year later, Amin’s processing factory could not turn over the capital. For this reason, he was too worried to eat and sleep well.
Wang Datian was worried when he saw Amin pull a long face all day long. He remembered his former colleague Dawei, who won a 300,000-yuan sports lottery one year ago. he rushed into Amin’s office and said to him, ” don’t worry, man, I have a way to borrow working capital!”
Amin immediately to the spirit, busy greeting da-tian wang sat down. Wang looked at Amin and said slowly, ” Do you still remember our former colleague Dawei? He won the 300,000 Yuan Sports Lottery Award last year. As long as he earns more interest, I think he will lend us working capital. “
Amin patted his head: ” thanks to your reminding! Tonight we will entertain David and borrow money from him to save the emergency. ”
That night, Amin and Wang Datian invited David to the most famous hotel in the area. During the dinner, Amin said something about borrowing money and promised to pay more interest. David readily agreed.
On the morning of the next day, Dawei gave Amin 100,000 yuan. The two sides agreed to lend the 100,000 yuan for two years, paying interest of 15,000 yuan, with Wang Datian as the joint guarantor. Finally, all three signed their own names on the loan agreement.
At the end of that year, Amin’s processing factory produced a serious backlog of starch, and even the wages of workers could not be paid. Amin had no choice but to run away with his wife and son.
After the starch processing factory closed down, Dawei could not find Amin and took the loan agreement to ask guarantor Wang Datian for 100,000 yuan in arrears. Da-Tian Wang already has heart disease. Da-Wei pesters him for money every day. Da-Tian Wang has suffering words and drinks all day long to relieve his worries. He finally died of myocardial infarction.
After Wang Datian’s death, Dawei took the loan agreement to ask Wang Xiaojun, Wang Datian’s son, for the balance. Wang Xiaojun refused to compensate on the grounds that his father was dead and the guarantee liability was suspended.
Dawei repeatedly asked Wang Xiaojun for arrears, but in desperation he went to a law firm for advice. After learning about the whole borrowing process, the lawyer said to David: ” Although Wang Datian has passed away, his guarantee responsibility still exists. It is inappropriate for Wang Xiaojun to assume his father’s guarantee responsibility. Go and find out about the two-storey building where Wang Datian lives. If Wang Xiaojun has not inherited it, you can file a lawsuit with the court and use Wang Datian’s two-storey building to repay your debts.”
David, after knowing that the head of the two-story building was Wang Datian, took Wang Datian’s successor, Wang Xiaojun, to court.
Half a month later, the court, after hearing the case, decided to assume the guarantee responsibility within the scope of Wang Datian’s estate. If the estate is not sufficient, the estate shall be limited. If the estate exceeds the guarantee compensation, the excess shall still be inherited by Wang Xiaojun.
Comments by lawyers:
The legal issue involved in the story of ” lawsuit caused by guarantee” is whether the guarantee liability will continue to be valid after the guarantor dies.
According to the law, after the guarantor dies, the guarantee responsibility still exists. At this time, the surety’s suretyship obligation shall first assume the suretyship liability based on his estate, and then the estate shall be distributed, and the inheritors shall bear the highest portion of the inheritance.
In the story, the whereabouts of the defaulter are unknown and the guarantor dies, but the loan agreement is still valid. Since the guarantor, Wang Datian, died but left a legacy, the court ruled that there was a legal basis for repaying the creditor with his two-storey building.