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No. 2 of Seven Representative Civil and Commercial Cases of Legally and Equally Protecting the Lawful Rights and Interests of Private Enterprises by the People's Courts Issued by the Supreme People's Court: [REDACTED] Bank v. Gang[REDACTED] Company and Others — The enterprise's obviously minor delayed performance does not satisfy the conditions for the bank to recover the loan in advance (Case of Dispute over a Financial Loan Contract)
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最高人民法院发布7个人民法院依法平等保护民营企业合法权益典型民商事案例之二：某银行诉港某公司等金融借款合同纠纷案——企业显著轻微的迟延履行不符合银行提前收回贷款条件
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【法宝引证码】
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- Legal document：
Judgment
- Judgment date：
06-30-2025
- Procedural status：
Trial at Second Instance
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| No. 2 of Seven Representative Civil and Commercial Cases of Legally and Equally Protecting the Lawful Rights and Interests of Private Enterprises by the People's Courts Issued by the Supreme People's Court: [REDACTED] Bank v. Gang[REDACTED] Company and Others (Case of Dispute over a Financial Loan Contract) | | 最高人民法院发布7个人民法院依法平等保护民营企业合法权益典型民商事案例之二：某银行诉港某公司等金融借款合同纠纷案 |
| — The enterprise's obviously minor delayed performance does not satisfy the conditions for the bank to recover the loan in advance | | ——企业显著轻微的迟延履行不符合银行提前收回贷款条件 |
| Basic Facts | | 基本案情 |
| On January 27, 2021, [REDACTED] Bank entered into a loan contract with Gang[REDACTED] Company, according to which the latter shall borrow a loan of 200 million yuan from the former, with the term from January 27, 2021 to January 26, 2023 and an annual interest rate of 6.5%, and the interest shall be paid on the 20th of each month. [REDACTED] Bank granted the loan as agreed. After consultation, both parties extended the loan term to January 29, 2025, with the annual interest rate adjusted to 4.5%. Gang[REDACTED] Company paid the interest in full amount as agreed until December 20, 2024. On May 10, 2024, [REDACTED] Bank filed a lawsuit with the court, claiming that the loan involved became due in advance on March 20, 2024 on the grounds that Gang[REDACTED] Company failed to repay the interest due on March 20, 2024 as agreed and the guarantor was involved in a lawsuit and subject to enforcement by the court. It requested that the court should order Gang[REDACTED] Company to repay the principal and interest of the remaining loan, the penalty interest, and the compound interest in advance. | | 2021年1月27日，某银行与港某公司签订借款合同，约定借款2亿元，期限自2021年1月27日至2023年1月26日，利率标准为年利率6.5%，每月20日付息。某银行依约发放了贷款，后经协商借款展期至2025年1月29日，利率调整为年利率4.5%。港某公司依约足额支付利息直至2024年12月20日。2024年5月10日，某银行诉至法院，以港某公司未能依约在2024年3月20日偿还当期利息以及保证人涉诉被法院执行为由，主张案涉借款已于2024年3月20日提前到期，请求判令港某公司提前偿还剩余借款本金及利息、罚息、复利等。 |
| ．．．．．． | | ．．．．．． |
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