Cause of action: Private lending dispute

On February 15, 2001, defendant Zhang ×× Defendant Li ×× As a guarantee to the plaintiff Chen ×× Borrow 30000 yuan with a monthly interest rate of 1%, and there is no agreed repayment deadline. Li ×× In Zhang ×× The promissory note issued to the plaintiff reads "Guarantor Li ××”， But there is no agreement on the guarantee method and guarantee period. On June 25, 2001, the plaintiff filed a lawsuit against the defendant Zhang ×× The demand for repayment of the loan within three days was unsuccessful; But did not report to the defendant Li ×× Advocate for warranty liability. On May 10, 2002, the plaintiff filed a lawsuit with the court requesting a decree of Zhang ×× Repay the loan of 30000 yuan and interest, with Li ×× Bear joint and several liability for repayment.

Lawyer's comments:

Article 19 of the Guarantee Law stipulates: "If there is no agreement or unclear agreement on the guarantee method, the parties shall bear the guarantee liability in accordance with the joint and several liability guarantee." The guarantor in this case, Li ×× Only write 'Guarantor Li' on the promissory note ××”， There was no agreement on the guarantee method with the plaintiff, and according to the law, they should bear joint and several guarantee responsibilities. Meanwhile, as both parties have not agreed on a guarantee period, according to Article 26 of the Guarantee Law, "If the guarantor of a joint and several liability guarantee and the creditor do not agree on a guarantee period, the creditor has the right to demand the guarantor to bear the guarantee liability within six months from the date of the expiration of the debt. If the creditor does not demand the guarantor to bear the guarantee liability during the guarantee period stipulated in the contract or the guarantee period specified in the preceding paragraph, the guarantor shall be exempted from the guarantee liability, According to law, the guarantor should be recognized as Li ×× The guarantee period for joint and several liability shall be six months from the expiration of the main debt performance period. The repayment period was not agreed upon during the borrowing process in this case, so the performance period cannot be determined. According to Article 23 of the Guarantee Law (Interpretation of Several Issues), "If there is no agreement or unclear agreement on the performance period of the main debt in the main contract, the guarantee period shall be calculated from the date on which the creditor requests the debtor to fulfill its obligations. The plaintiff filed a lawsuit against the defendant Zhang on June 25, 2001 ×× Urging the loan and granting it a 3-day grace period, the guarantee period should be from June 29, 2001 to December 28, 2001. During this period, the plaintiff did not provide Li with any ×× Claiming Rights, Li ×× The guarantee responsibility of is exempted according to law.

Court judgment: Defendant Zhang ×× Repayable restoration of loan principal and interest, exempting defendant Li ×× Guarantee responsibility.

(Contributed by Zhang Weijuan)