Chongqing Jiangbei Hengfeng village bank Limited by Share Ltd and Chongqing Garter fly Plastic Co.

People's Court of Shapingba District, Chongqing
Civil adjudication
(2015) No. 00074, Sha FA min word
Applicant Chongqing Jiangbei Hengfeng Village and Town Bank Co., Ltd., residence 307 Hongshi Road, Jiangbei District, Chongqing City, organization code 56994150-X.
The legal representative is Tang Jinwen, chairman of Limited by Share Ltd, Chongqing Hengfeng village bank.
Principal agent Tian Ye Yu, lawyer of Chongqing Jiashi law firm.
Tian Ziquan, attorney general, lawyer assistant of Chongqing Jiashi law firm.
Respondent Chongqing Jiatefei Plastic Co., Ltd., residence in Chongqing Shapingba District Qingmuguan Town Qingmuhu Village Ganjingwan Society, organization code 69928601-3.
The legal representative is Liu Haiyan, general manager of Chongqing Garter Plastic Co., Ltd.
Attorney Mou Ruixun, lawyer of Chongqing Dao Ji law firm.
In July 27, 2015, Chongqing Jiangbei Hengfeng village bank Limited by Share Ltd applied for auction, sale and other ways to change all the machinery and equipment of Chongqing Garter fly Plastic Co., Ltd. and the price of accounts receivable by auction and sale, and the principal amount of 3 million yuan and interest (3 million yuan as the base from 2015). From July 21 onwards, the monthly interest rate was 0.975% until the principal was paid off. The lawyer's fee was 60,000 yuan, the property preservation fee before the lawsuit was 5,000 yuan, and the case's acceptance fee was 40 yuan. Due to the complexity of the case, the case has been approved by the president and agreed to extend the trial limit for one month.
The court found out that after the applicant applied to realize the real right of security in the court, he filed a civil action against the loan involved in the case with the people's court of Jiangbei District of Chongqing City.
The court holds that the people's court shall reject the application for the realization of the real right of guarantee after the applicant has brought a lawsuit on the rights and interests of the court after the case has been accepted. Accordingly, in accordance with the 197th provision of the Civil Procedure Law of the people's Republic of China, the ruling is as follows:
It rejected the application of Limited by Share Ltd, Chongqing Jiangfeng Hengfeng village bank.
The application fee is 40 yuan (the applicant has already paid in advance), which is borne by the applicant Limited by Share Ltd, Jiangbei Hengfeng Village Bank of Chongqing.
This ruling will come into force as soon as possible.
Agent He Haiyan
 
September 11th 15, two
Bookkeeper Yang Enxun