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No. 1 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): [REDACTED] Bank v. Wang [REDACTED] and [REDACTED] Industrial Co., Ltd. (Dispute over a Financial Loan Contract)— "Model Texts + Element-Based Trial" promoted efficient resolution of financial disputes
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最高人民法院发布第三批6件示范文本应用典型案例之一：某银行与王某、某实业有限公司金融借款合同纠纷案——“示范文本+要素式审判”促推金融纠纷高效化解
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【法宝引证码】
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- Legal document：
Consent Judgment
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| No. 1 of Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch): [REDACTED] Bank v. Wang [REDACTED] and [REDACTED] Industrial Co., Ltd. (Dispute over a Financial Loan Contract) | | 最高人民法院发布第三批6件示范文本应用典型案例之一：某银行与王某、某实业有限公司金融借款合同纠纷案 |
| — "Model Texts + Element-Based Trial" promoted efficient resolution of financial disputes | | ——“示范文本+要素式审判”促推金融纠纷高效化解 |
| [Basic Facts] | | 【基本案情】 |
| On October 27, 2021, Wang [REDACTED] signed a Personal Revolving Credit Facility Agreement with [REDACTED] Bank, with [REDACTED] Industrial Co., Ltd. acting as the mortgagor. On the same day, Wang [REDACTED] signed a Personal Guarantee Loan Contract with [REDACTED] Bank and the mortgagor signed a Mortgage Contract and a Guarantee Contract with [REDACTED] Bank, stipulating that the mortgagor would provide mortgage guarantee for Wang [REDACTED]'s loan with its small ordinary passenger vehicle and assume joint and several guarantee liability. [REDACTED] Bank granted the loan to Wang [REDACTED] as agreed and completed the mortgage registration. Wang [REDACTED] failed to repay the loan as agreed. [REDACTED] Bank filed a lawsuit with the Primary People's Court of Hongkou District of Shanghai Municipality and claimed that Wang [REDACTED] should repay the principal and interest of the loan in an amount of 173,440.09 yuan and the mortgagor should assume the corresponding guarantee liability. | | 2021年10月27日，王某与某银行签订《个人循环授信额度合同》，由某实业有限公司作为抵押人。同日，王某与某银行签订《个人担保贷款合同》，抵押人与某银行签订《抵押合同》《保证担保合同》，约定抵押人以其名下的小型普通客车对王某的贷款提供抵押担保，并承担连带保证责任。某银行按约向王某发放贷款并办理了抵押登记。后王某未按约还款，某银行起诉至上海市虹口区人民法院，要求王某归还借款本息173440.09元，并要求抵押人承担相应担保责任。 |
| [Application of the Model Text of a Complaint] | | 【起诉状示范文本应用情况】 |
| By using the model text of a complaint for dispute over a financial loan contract, the agent ad litem of [REDACTED] Bank systematically sorted out key content and evidence including the amount claimed, the loan facts, and the guarantee liability, formed complaint documents, and submitted the same to the court. The Court filed and tried the case in accordance with the law. During the trial, the judge applied the "Element-based Trial Scenario for Financial Loan Contract Disputes," promptly identified core elements in the element-based complaint, such as the parties, claims, and contract performance, and generated a trial outline with one click, effectively shortening the pre-trial preparation time. The judge organized the court trial according to the court trial outline, guided Wang [REDACTED] and [REDACTED] Industrial Co., Ltd. in defending by referring to the element-based complaint. The focal issues were quickly summarized to the amount of the interest payable and the repayment method. The two parties debated the above-mentioned focal issues. Wang [REDACTED] raised an objection to the method for calculating the default interest and compound interest in the complaint and deemed that there was double-counting. Through the model text, the agent ad litem of [REDACTED] Bank quickly identified the corresponding clauses of the Personal Guarantee Loan Contract, explained the contractual basis for the calculation of default interest and compound interest, and stated that the total cost of funds did not exceed the statutory limit. With regard to the question from [REDACTED] Industrial Co., Ltd. regarding the method for realizing the vehicle mortgage right, the judge accurately identified the relevant clauses of the Mortgage Contract through the model text and explained to [REDACTED] Industrial Co., Ltd. the legal basis for [REDACTED] Bank's realization of the mortgage right in accordance with the relevant provisions of the Civil Code. Based on the clear context of the court trial and specific focal issues, the two parties agreed to mediation in court. Considering Wang [REDACTED]'s insufficient repayment capacity, [REDACTED] Bank proposed an installment repayment plan and the two parties reached an agreement on the repayment matters. | | 某银行代理人使用金融借款合同纠纷起诉状示范文本系统梳理诉请金额、借款事实、保证责任等关键内容及证据，形成起诉材料提交至法院。法院依法立案审理。审理过程中，法官应用“金融借款合同纠纷要素式审判场景”，快速识别要素式起诉状中的当事人、诉讼请求、合同履行情况等核心要素，一键生成庭审提纲，有效缩短庭前准备时间。法官根据庭审提纲组织庭审，引导王某、某实业有限公司对照要素式起诉状答辩，很快总结出争议焦点为应付利息金额和还款方式。双方围绕争议焦点展开辩论。王某对起诉状中罚息与复利计算方式提出异议，认为存在重复计算情形，某银行代理人依托示范文本迅速定位《个人担保贷款合同》对应条款，解释罚息和复利计算的合同依据，并表示全部资金成本相加未超过法定上限。针对某实业有限公司对车辆抵押权实现方式的疑问，法官依据示范文本精准定位《抵押合同》相关条款，结合民法典相关规定，向其依法释明某银行实现抵押权方式的依据。基于清晰的庭审脉络和明确的争议焦点，双方当庭同意调解，考虑到王某还款能力不足，某银行提出分期履行方案，双方就还款事宜达成一致。 |
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