The president of Sichuan Provincial High Court served as the trial of the trial of the trial to ensure the contract dispute case

Cover reporter Dai Zhuxin intern Su Xueqing

On July 18, the cover reporter learned from the Sichuan Provincial Higher People's Court that Wang Shujiang, the president of the provincial court and the second -level judges, served as a trial in a public trial this morning to ensure the contract dispute.

The appellant in this case is the Panzhihua Coal Industry (Group) Co., Ltd. (hereinafter referred to as Panfan Coal Group), and the appellant is the National Development Bank Sichuan Branch (hereinafter referred to as the State Bank of Sichuan Branch). In this case, Panmei Group, as a guarantor, provides a liability guarantee for Sichuan Sichuan Coal Huarong Energy Co., Ltd. (hereinafter referred to as Huarong Energy Co., Ltd.) to provide joint liability guarantees to the National Bank of China Sichuan Branch. After the expiration of the debt performance period, the main debtor Hua Rong shares did not perform all the debt as scheduled.

On June 11, 2020, the Chengdu Intermediate People's Court accepted the reorganization of Sichuan Coal Industry Group Co., Ltd. (hereinafter referred to as Sichuan Coal Group) and Huarong Co., Ltd. on December 23, 2020. plan. According to the arrangement of the Huarong Co., Ltd.'s reorganization plan, the National Bank of China Sichuan Branch has received some cash settlement, and the remaining creditor's rights are realized in the form of "debt" and "reserved debt settlement". In response to the current claims that have not been received, the National Bank of China Sichuan Branch claimed to the Chengdu Intermediate People's Court in Sichuan Province, requiring the guarantor to bear the joint guarantee responsibility.

After trial, the court's judgment supported the main lawsuit request of the Sichuan Branch of the National Bank of China. Pancoli Group refused to accept and appealed to the Sichuan Provincial Higher People's Court.

According to reports, the dispute over the second trial of the case is mainly due to the debt settlement plan of the reorganization plan under the situation of the bankruptcy reorganization of the main debtor, which to claim whether the creditor claims to the guarantor whether there is an impact of rights and what impact of the existence.

After the successful reorganization of Kawaka Coal Group and its affiliated enterprise, this case, the implementation and guarantee of the subsequent rights and interests of creditors is not only related to the comprehensive and steady and orderly advancement of the Sichuan Coal Group's reorganization plan, but also related to the vital interests of creditors.

During the trial, the trial leaders conducted a court investigation around the focus of disputes. The collegial panel fully listened to the statement and debate opinions of the two parties. After the trial of the court, all parties expressed their willingness to mediate. After the court is closed, the court will organize all parties to mediate. If the mediation is not possible, it will be pronounced on the day.

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