| No. 5 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: Henan Branch of [REDACTED] Assets Management Company v. [REDACTED] Trading Company (Case of Dispute over Recovery of Non-performing Financial Claims) | | 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五：某资产管理公司河南分公司诉某商贸公司金融不良债权追偿纠纷案 |
| — Prudently divesting huge debts that should not be borne by the restructured enterprise and enabling the private enterprise to lighten its burden and forge ahead | | ——审慎剥离不应由改制企业承担的巨额债务，助力民营企业轻装上阵 |
| Basic Facts | | 基本案情 |
| In 2003, the Government of Pingdingshan City restructured five subsidiaries (branches) of Zhongyuan Group Company into [REDACTED] Trading Company and defined the assets and liabilities of the five subsidiaries (branches). The list of assets, claims, and debts delivered by Zhongyuan Group Company to [REDACTED] Trading Company specified that Zhongyuan Group Company's external debt of more than 46.6 million yuan was offset against the internal debt of more than 37.15 million yuan owed by the original five subsidiaries (branches) to Zhongyuan Group Company and after [REDACTED] Trading Company repaid Zhongyuan Group Company's external debt of more than 46.6 million yuan, it would no longer repay the internal debt. However, the original restructuring plan was not fully implemented. The assets, two commercial buildings, and a plot of land that should be delivered according to the original plan were not delivered to [REDACTED] Trading Company. [REDACTED] Trading Company had repaid the external debt of more than 19.61 million yuan. Henan Branch of [REDACTED] Assets Company filed a lawsuit against Zhongyuan Group Company and claimed that Zhongyuan Group Company should repay the loan principal of 20 million yuan and the interest and [REDACTED] Trading Company should be held jointly and severally liable for repayment within the scope of Zhongyuan Group Company's assets in the amount of more than 46.6 million yuan it received. | | 2003年平顶山市政府以中原集团公司五个子（分）公司改制成立某商贸公司，并对五个子（分）公司资产与负债进行界定。中原集团公司向某商贸公司移交资产及债权债务的清单载明：中原集团公司的4660余万元对外债务与原五个子（分）公司欠中原集团公司的3715万余元内部债务冲减，某商贸公司负责偿还4660余万元对外债务后，不再偿还内部债务。但原改制方案并未完全履行，原计划改制移交两栋营业楼资产和一块宗地，未交付给某商贸公司。某商贸公司已偿还1961万余元外部债务。某资产河南分公司起诉中原集团公司偿还借款本金2000万元及利息，某商贸公司在接收中原集团公司资产4660余万元范围内承担连带偿还责任。 |
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