Legal information

【Key words】

Financial claims, installment repayment, account gradient unblocking, collaborative dispute resolution

【Case summary】

In a financial loan contract dispute in which a private technology company had an overdue loan and was sued by a bank, the Beijing Financial Court relied on the Business Environment Optimization Studio and introduced business environment experts to conduct collaborative research and judgment to identify the company's bailout value. It abandoned "one judgment and settled the matter" and customized a mediation plan of "installment repayment + account gradient unblocking", which facilitated the parties to reach an agreement, the company performed the contract in installments, and the account was simultaneously unblocked, successfully getting rid of the operating crisis. The handling of this case embodies the spirit of the relevant provisions of Articles 23 and 55 of the Private Economy Promotion Law of the People's Republic of China, innovates mediation methods, promotes financial institutions to improve the level of serving private enterprises, and enhances the adaptability of credit supply and corporate capital needs.

【Details】

In 2023, a technology company signed a "Comprehensive Credit Contract" with a bank, agreeing that the bank would provide 12 million yuan to the technology companyComprehensive credit limit. On November 6 of the same year, the two parties signed a "Unit Loan Voucher (IOU)". The technology company borrowed 6 million yuan from the bank and agreed on core terms such as the loan interest rate and maturity date. Two guarantors signed a "Guarantee Contract" for the loan involved in the case to provide guarantee for the debt. After the contract was signed, the bank issued a loan of 6 million yuan to the technology company's account as agreed. Later, due to liquidity difficulties, the technology company failed to fulfill its repayment obligations as agreed, and the bank sued the technology company and the guarantor to the court of first instance. After a trial, the court ruled that the technology company should repay the principal, interest, penalty interest, compound interest and attorney fees owed to the bank, and the guarantor should bear the corresponding guarantee liability. The technology company appealed against the first-instance judgment.

In the second instance, the Beijing Financial Court comprehensively verified the background of the case, accurately judged the operating status of technology companies, and fully considered the practical difficulties of enterprises with short-term capital turnover, as well as its importance to regional technological innovation, green transformation, and employment stability. It then introduced a business environment studio dispute resolution mechanism, with judges and business environment experts working together to tailor a personalized mediation plan of "installment repayment + gradient account unblocking" for both parties. The two parties agreed that the technology company would perform its repayment obligations in installments as agreed, and the bank would sequentially unblock the company's corresponding accounts based on the repayment progress, achieving an orderly connection between repayment performance and the improvement of the company's capital liquidity. In the end, the technology company gradually fulfilled its repayment obligations in accordance with the mediation agreement, bank claims were stably protected, and corporate accounts were gradually unblocked and normal capital flow resumed, successfully getting rid of the operating crisis and getting back on track.

【Typical meaning】

In this case, the Beijing Financial Court accurately determined that a certain technology company had salvage value through a comprehensive review of the company's operating status and industry development prospects, and decided to carry out mediation that combined judicial adjudication and corporate bailout. Relying on the business environment studio jointly established by the Beijing Financial Court and the Beijing Federation of Industry and Commerce, it integrates the professional judicial capabilities of judges and the industry research and judgment advantages of business environment experts, comprehensively uses the "accurate market assessment + full self-rescue of enterprises + investment and financing other-rescue" dispute resolution model, and tailors a personalized "installment repayment + gradient unblocking of accounts" mediation plan, which not only protects financial claims in accordance with the law, but also effectively alleviates the capital turnover pressure of enterprises.