INDIVIDUAL ASSIGNMENT

Subject: Business Law Fundamentals_LAW101

Class: MKT1303
Lecturer: Dao Trong Khoi
Student name: Dang Thanh Trung
Student ID: HS130352
Date: 19/10/2020
Title: Credit contract disputes
Case number: 03/2020/KDTM-PT
Case date: 24/09/2020
Total word-count: 1712 (including table of contents and title)

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 Contents
I. Background of The Case...................................................................................................................3
1. Court...............................................................................................................................................3
2. Plaintiff...........................................................................................................................................3
3. Defendant.......................................................................................................................................3
4. A short overview of the case..........................................................................................................3
II. Issue and Parties’ Opinions...........................................................................................................4
1. Plaintiff...........................................................................................................................................4
2. Defendant.......................................................................................................................................4
III. Holding of The Court....................................................................................................................5
1. Accept the petition of the plaintiff of Joint Stock Commercial Bank C....................................6
2. Regarding the cost of evaluation:.................................................................................................6
3. Regarding first-instance civil court costs:....................................................................................6
IV. Self -Analysis and Opinion............................................................................................................7
V. References..........................................................................................................................................8

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I. Background of The Case
1. Court

PEOPLE’S COURTS OF SON LA PROVINCE

The composition of the appellate trial panel includes:

 Judge - The presiding judge: Ms. Tong Thi Hien

 Judges: Mr. Lo Van Diet
Mr. Do Tuan Long
 Ms. Ha Thi Thanh Tuyen
 Clerk of the trial: Mr. Nguyen Da Giang-Secretary of the People's Court of
Son La province
 Representatives of Son La People's Procuracy participating in the trial: Ms.
Hoang Thi Hoa-Procurator
2. Plaintiff
Plaintiff: Bank X

Origin: District D, Hanoi City.

Authorized representative of the plaintiff : Mr. Nguyen The D-Director of X

Bank-Son La Branch

Authorized Representative : Mr. Bui Van G-Head of Corporate Banking

Department of X Bank - Son La Branch

3. Defendant
Respondent: Company Y

Head office: Number V, Street C, Ward TT, Son La City, Son La Province.

Defendant's legal representative: Mr. Do Ba V-Chairman of the Board of

Members and Director. Place of registration: District T, Hanoi City.

The defendant's authorized representative: Mr. Nguyen Van H.

Contact address: Number P, Street N, Commune D, City V, Vinh Phuc

Province

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 Persons with related interests and obligations:

Ms. Le Thi N. Address: District T, Hanoi City. Absent.

Mr Do Ngoc L. Address: 5 district T, Hanoi city. Absent.

Mr Do Ngoc Trung A. Address: district T, Hanoi city. Absent

Authorized representative of Ms. N, Mr. L, Mr. Trung A (Authorization

document dated June 18, 2020): Mr. Nguyen Van H (also the authorized
representative of the defendant)

Ms. Do Thi Th. Address: Group G, Ward C, Son La City, Son La Province.
Absent.

Mr. Nguyen Van T. Address: Group G, Ward C, Son La City, Son La

Province. Present.

Appellant: Mr. Do Ngoc L and Mr. Nguyen Van T are persons with related
rights and obligations

4. A short overview of the case

During the period from December 2013 to June 2015, X Bank - Son
La Branch (abbreviated as XSon La) and Company Y (Company Y
for short) signed 09 credit contracts.

The total amount of money that X Son La Company lends to

Company Y under the above credit contracts is 22,010,000,000 VND.
During the implementation of the contract, Company Y has not fully
fulfilled its obligations to pay principal, interest and fees to X Son La
Company under the signed credit contracts. Company Y's outstanding
balance as of the end of July 28, 2019 under the above credit contracts
is VND 16,821,633,000. In which: principal balance 9,531,306,000
VND, interest debt balance 7,290,327,267 VND
II. Issue and Parties’ Opinions
1. Plaintiff
* According to the original petition and the additional petition and the process
of resolving the case under the authorization of the plaintiff, Mr. Bui Van G
presented: Bank X and Company Y have signed 9 digital credit contracts from

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December 2013 to June 2015. Under the contract, the Bank lends to the
Company an amount of VND 22,010,000,000 for the purpose of
supplementing working capital. The owners are Mr. Do Ba V and Mr. Nguyen
Van H

During the implementation of the Contract, the Company did not fulfill its
obligations to repay debts on time, resulting in the loan being converted to
overdue debt for the first time on July 28, 2019. The Company repeatedly
committed to fulfill its obligations to repay debts and handle assets to repay
debts, but still did not perform, although the Bank has created all favorable
conditions, extending the time to fulfill the commitments. The secured
obligation has arisen, but the Securing Party still fails to voluntarily perform its
obligations under the signed Security Contract.

Now, the Bank's lawsuit requires the defendant to pay the provisional debt as
of July 28, 2019 under the credit contract of VND 16,821,633,000 (Sixteen
billion eight hundred twenty one million six hundred thirty three million
dong) . In which, there are 9,531,306,000 dong of principal, 7,290,327,267
dong of interest debt. In addition, the plaintiff also requires the defendant to
pay interest arising from now until the case is heard. In case the defendant fails
to pay or repay the debt in full, the plaintiff has the right to request the disposal
of the collateral to recover the debt. Collateral includes: Cars, excavators, real
estate associated with land use rights Certificate No. V854526 named Do Thi
Thdo People's Committee of Son La town issued on July 14, 2003 under a
replacement contract. real estate mortgage No. 03/2012 / HD dated October 22,
2012 between Mr. Nguyen Van T, Ms. Do Thi Th, Company Yv à X Son La.
In addition, due to the prolonged case, the bank added a request to calculate
interest until December 2019, the total amount of money that the plaintiff
required the defendant to pay is 17,238,556,792 VND. In which, there are
9,531,306,000 dong of principal, 6,228,929,202 dong of interest debt and
overdue interest and penalty debt 1,478,321,590. At the stage of judgment
execution, when the plaintiff requests the judgment execution, the defendant
still has to bear the late judgment execution money for the unpaid amount.

2. Defendant
In 2013, the Company had transactions with bank loans, the loan amount was
22,010,000,000 VND. The company has paid the bank the amount of
5,118,367,000 VND. The collateral is Car, Excavator, Land and attached

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 property in the name of Mr. D and Mr. G. Mr. D and Mr. G authorize the
above assets to Mr. H according to the authorization document dated June 18,
2020. In the past 7 years, the Company has made a loss, cannot repay the debt,
so it violated. its obligations to the bank. Now, the Bank sues to claim principal
and interest debts totaling 16,821,633,000.

* Persons with related rights and obligations Mr. Nguyen Van T

presented: Agreed with the opinion of Mr. Nguyen Van H who is the
authorized representative of the defendant and the person with related rights
and obligations, saying that the contract is not allowed and not authorized for
anyone to sign the contract. collateral property

* Persons with related rights and obligations – Mr. Do Ngoc L and Mr.
Nguyen Van T requested to their expressed the following opinions: We are
the people who are empowered by Mr. Do Ba V to sign the mortgage contract
for our company

III. Holding of The Court

Base:
Pursuant to Clause 1, Article 308 of the Civil Procedure Code
Statement:
Do not accept the appeal of Mr. Do Ngoc L and Mr. Nguyen Van T is a person
with related rights and obligations, uphold the first instance judgment No.
01/2020 / KDTM- ST dated January 20th, 2020 of the People's Court of Son
La city, Son La province as follows
1. Accept the lawsuit request of X Bank-Son La Branch
Accepting the petition of X Bank-Son La Branch for forcing
Company Y to pay the total amount as of December 31, 2019, which
is 17,238,556,792 VND
- Principal loan amount 9,531,306,000 VND
- Interest amount within the term 6,228,929,202 VND
- Overdue interest and fines 1,478,321,590 VND
From the following day of the trial date, Company Y still must
continue to bear the overdue interest of the unpaid principal amount at
the rate agreed upon by the parties in the contract until the debt
amount has been paid. origin
2. Regarding the cost of evaluation:

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 Recognizing that the plaintiff voluntarily completed the submission.

3. Regarding first-instance civil court costs:

Mr. Do Ngoc Lv, Mr. Nguyen Van T, each person must bear 2,000,000 VND
of appellate commercial business costs, and are entitled to a deduction of
300,000 VND for the paid advance of court fees according to the collection
receipt No. AA / 2016/0004983 dated 21/ 02/2020 for Mr. L and the collection
receipt No. 17AA / 2016/0004974 dated February 18, 2020 for Mr. T of the
Civil Judgment Execution Department of Son La city, Son La province, each
person must also pay more 1,700,000 VND

IV. Self -Analysis and Opinion

1. Agree to accept the petition of the plaintiff Bank X
Forcing the defendant is Company Y to pay the plaintiff
22,010,000,000 VND as of December 31, 2019. In which, there were
9,531,506,000 dong of interest, 6,228,929,202 interest in term and
1,478,321,590 dong of interest over due. According to the credit
contract No. 13.048.003 / HDTD dated May 17, 2013, if the defendant
does not pay or pay the debt in full, the plaintiff has the right to
request the authorities to distrain and handle the mortgaged property.
and assets attached to land under land use rights No. 01/2012 / HD
dated October 8, 2012 and documents amending and supplementing
between Company Y and the Bank. Real estate mortgage contract No.
01/2012 / HD dated August 7, 2012 between Mr. Do Ba V and Bank
X-Son La Branch
2. About Company Y
On the side of Company Y is very goodwill to repay the Bank's debt
because the collateral belongs to the Company used to secure the loan,
so request the Bank to facilitate the Company to pay in full. loan.
original debt; Regarding the interest, it is suggested that the Bank
reduce the interest rate by 30% in the term and reduce all overdue
interests so that the Company can reduce a part of the damage. A bank
is a credit institution. Between the parties many times have worked to
apply for the interest reduction policy, but because the bank sees the
collateral is of high value, it should not consider and create conditions
for the asset owner to repay the debt. lasted until this point.
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 Recommendation: Accept the appeal of Company Y, reduce 30%
interest to avoid partial damage
V. References

https://congbobanan.toaan.gov.vn/2ta603163t1cvn/chi-tiet-ban-an