[introduction to the lawyer of this case] Han Ying, senior partner and managing partner of Liaoning Tongfang law firm. He served as a representative of the 17th and 18th people's Congress of Tiexi District, Shenyang, and a director of the Sixth Council of Liaoning Criminal Law Research Association. He has won the honorary titles of "excellent lawyer of Liaoning Province", "Shenyang May 4th Medal", "Shenyang excellent young lawyer" and so on.
[key points of adjudication] according to Article 14 of the company law, the company may establish a branch under the loan contract signed by Guo and Shenyang Branch of a certain company in Beijing. The branch does not have legal person status, and its civil liability shall be borne by the company. Therefore, a certain company in Beijing shall bear the civil liability for the loan contract owed by its Shenyang branch and Guo.
[basic case] the defendant, a certain company in Beijing, wants to set up a Shenyang branch in Shenyang and hopes the plaintiff, Guo, to make investment. Because the plaintiff does not know about the tourism industry, it decides to borrow money from the Shenyang branch for the operation of the Shenyang Branch, and then decide whether to invest after having a certain understanding. On June 13, 2016, the defendant Beijing XX Shenyang branch was incorporated. On June 30, 2016, the plaintiff Guo signed a loan contract with the defendant Beijing XX Shenyang Branch, which stipulated that the defendant Beijing XX Shenyang branch could apply to the plaintiff for loans according to the needs of the company's operation and use. The plaintiff paid the loan to the defendant Beijing XX Shenyang branch according to the application of the defendant Beijing XX Shenyang branch. The loan principal was subject to the actual occurrence, and the interest was calculated from the date when the plaintiff informed the defendant Beijing XX Shenyang Branch of the repayment, The monthly interest is two cents. Three months before the defendant Beijing XX Shenyang branch was registered, Guo paid the rent and decoration expenses of Beijing XX Shenyang branch. The rental contract was signed by Guo, and the subject of the rental contract was changed after the industrial and commercial registration of a Shenyang Branch of Beijing. The decoration contract is supplemented after the registration of Beijing XX Shenyang branch. In January 2017, Beijing XX Shenyang Branch issued a detailed statement of borrowing costs to Guo, recording the operating costs and expenses of Beijing XX Shenyang branch. At the end of February 2017, the plaintiff Guo began to demand loans from the defendant Beijing XX Shenyang Branch, and filed a lawsuit in the court in March 2017, requiring the defendant Beijing XX company and the defendant Beijing XX Shenyang branch to jointly bear the repayment responsibility. After the prosecution, the defendant Beijing XX company went to Shenyang to dissolve Beijing XX Shenyang Branch, took back all office materials and dismissed all personnel, resulting in that the complaint could not be delivered to Beijing XX Shenyang branch. The defendant Beijing XX company sent people to appear in court, but clearly stated that without the authorization of Beijing XX Shenyang Branch, it could not be contacted and requested that the complaint be delivered to Beijing XX Shenyang branch. The court session will be held after the case announcement is served.
[judgment result] according to the provisions of article 144 of the Civil Procedure Law of the people's Republic of China, Article 196 of the contract law of the people's Republic of China and Article 14 of the company law of the people's Republic of China, the court of first instance made a judgment: 1. The defendant Beijing XX company repaid the plaintiff Guo Hongtao's loan principal of RMB 1006449.98 within 10 days from the date when this judgment became legally effective; 2、 Since March 15, 2017, the defendant Beijing XX company has paid the plaintiff Guo Hongtao the loan interest at the monthly interest rate of 2% based on the loan principal of 1006449.98 yuan until the payment date determined in this judgment; If the defendant fails to perform the obligation of payment within the time specified in this judgment, it shall, in accordance with the provisions of article 253 of the Civil Procedure Law of the people's Republic of China, double the debt interest during the period of delay in performance. 3、 Reject other claims of the plaintiff and the defendant. The case acceptance fee is 15971 yuan, the preservation fee is 5000 yuan, the announcement fee is 800 yuan, the plaintiff bears the case acceptance fee of 2078 yuan, and the defendant Beijing XX company bears the case acceptance fee of 13893 yuan, the preservation fee is 5000 yuan, and the announcement fee is 800 yuan.
[reason for adjudication] according to Article 14 of the company law, the company can set up a branch. The branch does not have the legal person status, and its civil liability is borne by the company. Therefore, Beijing XX Shenyang Branch, as a branch, does not have the legal person status, and its civil liability is borne by Beijing XX company.
[relevant laws] Article 14 of the company law: a company may establish a branch. The branch does not have the status of a legal person, and its civil liability shall be borne by the company.
[lawyer's opinion] this case is an atypical private loan case. The lender signed a loan contract with the branch company. According to Article 14 of the company law, the head office was also listed as the defendant when suing the branch company. The head office and the branch company were required to jointly bear the responsibility, so that the head office with economic strength assumed the responsibility of repayment and safeguarded the legitimate rights and interests of the borrower.
[key points of adjudication] according to Article 14 of the company law, the company may establish a branch under the loan contract signed by Guo and Shenyang Branch of a certain company in Beijing. The branch does not have legal person status, and its civil liability shall be borne by the company. Therefore, a certain company in Beijing shall bear the civil liability for the loan contract owed by its Shenyang branch and Guo.
[basic case] the defendant, a certain company in Beijing, wants to set up a Shenyang branch in Shenyang and hopes the plaintiff, Guo, to make investment. Because the plaintiff does not know about the tourism industry, it decides to borrow money from the Shenyang branch for the operation of the Shenyang Branch, and then decide whether to invest after having a certain understanding. On June 13, 2016, the defendant Beijing XX Shenyang branch was incorporated. On June 30, 2016, the plaintiff Guo signed a loan contract with the defendant Beijing XX Shenyang Branch, which stipulated that the defendant Beijing XX Shenyang branch could apply to the plaintiff for loans according to the needs of the company's operation and use. The plaintiff paid the loan to the defendant Beijing XX Shenyang branch according to the application of the defendant Beijing XX Shenyang branch. The loan principal was subject to the actual occurrence, and the interest was calculated from the date when the plaintiff informed the defendant Beijing XX Shenyang Branch of the repayment, The monthly interest is two cents. Three months before the defendant Beijing XX Shenyang branch was registered, Guo paid the rent and decoration expenses of Beijing XX Shenyang branch. The rental contract was signed by Guo, and the subject of the rental contract was changed after the industrial and commercial registration of a Shenyang Branch of Beijing. The decoration contract is supplemented after the registration of Beijing XX Shenyang branch. In January 2017, Beijing XX Shenyang Branch issued a detailed statement of borrowing costs to Guo, recording the operating costs and expenses of Beijing XX Shenyang branch. At the end of February 2017, the plaintiff Guo began to demand loans from the defendant Beijing XX Shenyang Branch, and filed a lawsuit in the court in March 2017, requiring the defendant Beijing XX company and the defendant Beijing XX Shenyang branch to jointly bear the repayment responsibility. After the prosecution, the defendant Beijing XX company went to Shenyang to dissolve Beijing XX Shenyang Branch, took back all office materials and dismissed all personnel, resulting in that the complaint could not be delivered to Beijing XX Shenyang branch. The defendant Beijing XX company sent people to appear in court, but clearly stated that without the authorization of Beijing XX Shenyang Branch, it could not be contacted and requested that the complaint be delivered to Beijing XX Shenyang branch. The court session will be held after the case announcement is served.
[judgment result] according to the provisions of article 144 of the Civil Procedure Law of the people's Republic of China, Article 196 of the contract law of the people's Republic of China and Article 14 of the company law of the people's Republic of China, the court of first instance made a judgment: 1. The defendant Beijing XX company repaid the plaintiff Guo Hongtao's loan principal of RMB 1006449.98 within 10 days from the date when this judgment became legally effective; 2、 Since March 15, 2017, the defendant Beijing XX company has paid the plaintiff Guo Hongtao the loan interest at the monthly interest rate of 2% based on the loan principal of 1006449.98 yuan until the payment date determined in this judgment; If the defendant fails to perform the obligation of payment within the time specified in this judgment, it shall, in accordance with the provisions of article 253 of the Civil Procedure Law of the people's Republic of China, double the debt interest during the period of delay in performance. 3、 Reject other claims of the plaintiff and the defendant. The case acceptance fee is 15971 yuan, the preservation fee is 5000 yuan, the announcement fee is 800 yuan, the plaintiff bears the case acceptance fee of 2078 yuan, and the defendant Beijing XX company bears the case acceptance fee of 13893 yuan, the preservation fee is 5000 yuan, and the announcement fee is 800 yuan.
[reason for adjudication] according to Article 14 of the company law, the company can set up a branch. The branch does not have the legal person status, and its civil liability is borne by the company. Therefore, Beijing XX Shenyang Branch, as a branch, does not have the legal person status, and its civil liability is borne by Beijing XX company.
[relevant laws] Article 14 of the company law: a company may establish a branch. The branch does not have the status of a legal person, and its civil liability shall be borne by the company.
[lawyer's opinion] this case is an atypical private loan case. The lender signed a loan contract with the branch company. According to Article 14 of the company law, the head office was also listed as the defendant when suing the branch company. The head office and the branch company were required to jointly bear the responsibility, so that the head office with economic strength assumed the responsibility of repayment and safeguarded the legitimate rights and interests of the borrower.
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