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No. 10 of Ten Commercial Cases Tried by the People's Courts across the Country in 2020 Published by the Civil Adjudication Tribunal No. 2 of the Supreme People's Court: Case of disputes over a financial loan contract (appellant Shiyan Branch of Industrial Bank Co., Ltd. v. appellee Shiyan Yuedian Industry & Trade Co., Ltd., Zhang Jin'e, Guo Zhongping, Zhang Jiahong, Zhang Qi, and Zhang Xiangyang)
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最高人民法院民二庭发布2020年全国法院十大商事案例之十：上诉人兴业银行股份有限公司十堰分行与被上诉人十堰市岳典工贸有限公司、张金娥、郭中平、张家宏、张旗、张向阳金融借款合同纠纷案
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【法宝引证码】
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| No. 10 of Ten Commercial Cases Tried by the People's Courts across the Country in 2020 Published by the Civil Adjudication Tribunal No. 2 of the Supreme People's Court: Case of disputes over a financial loan contract (appellant Shiyan Branch of Industrial Bank Co., Ltd. v. appellee Shiyan Yuedian Industry & Trade Co., Ltd., Zhang Jin'e, Guo Zhongping, Zhang Jiahong, Zhang Qi, and Zhang Xiangyang) | | 最高人民法院民二庭发布2020年全国法院十大商事案例之十：上诉人兴业银行股份有限公司十堰分行与被上诉人十堰市岳典工贸有限公司、张金娥、郭中平、张家宏、张旗、张向阳金融借款合同纠纷案 |
| Where the winning party in the trial of first instance raises an appeal and claims for decrease in the payable amount of the other party, the winning party will not duly lack appeal interests. | | 一审胜诉的当事人提起上诉请求减少对方的给付金额的，并不当然缺乏上诉利益 |
| Brief Case Introduction | | 案情简介 |
| Shiyan Yuedian Industry & Trade Co., Ltd. (hereinafter referred to as “Yuedian Company”) borrowed a loan of 36 million yuan from Industrial Bank Co., Ltd. (hereinafter referred to as “Industrial Bank”) twice and it failed to pay off the bank loan when the loan was matured. Industrial Bank thus filed a lawsuit with the Intermediate People's Court of Shiyan City (hereinafter referred to as the “IPC of Shiyan”). During the trial of first instance by the IPC of Shiyan, Industrial Bank needed to refund Yuedian Company over 11.58 million yuan and the interest due to an effective judgment of another case. Several days after the judgment took effect, Industrial Bank remitted over 11.58 million yuan and the interest of over 1.68 million yuan to the account of Yuedian Company opened in this Bank around 21:00 on October 8, 2018 and remarked to be used for performance of the effective judgment. Several minutes later, Industrial Bank deducted the aforesaid two sums from the account and remarked to be used for compensating for the loan principal involved. Industrial Bank thus filed an application with the court of first instance for altering the claim to over 22.72 million yuan upon deduction of the aforesaid two sums. The court of first instance did not approve the application and still entered a judgment that Yuedian Company should compensate Industrial Bank 36 million yuan and the interest thereof. Industrial Bank appealed and claimed that Yuedian Company should compensate the loan principal of over 22.72 million yuan and the interest thereof. The Higher People's Court of Hubei Province entered a judgment of second instance to support the appeal claims of Industrial Bank and commuted the judgment of first instance to that Yuedian Company should compensate the loan principal of over 22.72 million yuan and the interest thereof. | | 岳典公司分两次向兴业银行贷款3600万元，到期后未归还，兴业银行向十堰中院提起诉讼。在十堰中院一审审理期间，兴业银行因另案生效判决需向岳典公司返还款项1158万余元及利息。兴业银行在该判决生效数日后，于2018年10月8日晚21时，向岳典公司在该行开立的账户转入1158万余元及利息168万余元，备注用于履行生效判决。几分钟后，兴业银行将上述两笔资金从该账户扣收，备注用于抵偿本案借款本金。兴业银行据此向一审法院提交变更诉讼请求的申请，请求将诉讼请求变更为扣减上述两笔款项后的2272万余元。一审法院不予准许，仍判决岳典公司应向兴业银行偿还3600万元及利息等。兴业银行上诉，请求改判岳典公司偿还借款本金2272万余元及利息等。湖北高院二审判决支持了兴业银行的上诉请求，改判岳典公司偿还借款本金2272万余元及利息等。 |
| Expert Comments | | 专家点评 |
| Professor and doctorial tutor of Law School of Renmin University of China | | 中国人民大学法学院教授、博士生导师 |
| Xiao Jianguo | | 肖建国 |
| For the case of dispute over a financial loan contract between appellant Industrial Bank and appellee Yuedian Company et al., the judgment of second instance has not only clarified the legal issue of appellant's appeal interests, but also is conducive to executing judgement of a related case involving the parties to this case and reducing the litigation burdens of the parties. The written concession made by the creditor in the course of mediation is reflected in the judgment of second instance, which conforms to the principles of disposition in civil litigation. | | 上诉人兴业银行与被上诉人岳典公司等金融借款合同纠纷一案，二审判决既厘清了上诉人的上诉利益这一法律问题，又有利于解决与此案当事人相关案件的执行，减少了当事人诉累。考虑到债权人在本案调解过程中作出的书面让步，判决予以体现，符合民事诉讼的处分原则。 |
| ．．．．．． | | ．．．．．． |
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