Warranty dispute: US-jin Energy two shareholders involved in the Asia-Pacific series of litigation

After nearly a year, the United States Kam Energy (000723. SZ) The second largest shareholder of Shanxi Mingkun Branch industry and Trade Group Co., Ltd. (hereinafter referred to as "Ming-kun Group") and Taiyuan Asia-Pacific Building Co., Ltd. (hereinafter referred to as "Asia-Pacific Building") the security dispute has finally made new progress: Mingkun Group decided to prosecute "Asia-Pacific" two companies Asia Pacific Building and Asia-Pacific petrochemical and related real control people,　　Taiyuan City Yinze District People's court has also officially accepted the case.　　2005, the Ming-kun group to the Asia-Pacific building to provide loan guarantees, and then because the latter could not repay the bank loans on time, resulting in the Ming-kun group to become the Huaxia bank sued Asia-Pacific building loan contract dispute case, the second defendant, its holdings of the U.S.-Jin energy stake has been frozen Recently, the newspaper learned that, because the Ming-kun group has been cushion nearly tens of millions of yuan on behalf of the Asia-Pacific building to repay the Chinese Taiyuan Branch loans, its holdings of U.S.-Jin energy shares only to be temporarily thawed.　　Ming-kun Group has a total of 17.771 million U.S.-jin energy, accounting for the United States and Kam Energy Total capital of 12.73%. The case has not yet been heard in public.　　Shanxi many people familiar with the case believe that the Ming-kun group won the reasonable, but can get the Asia-Pacific Building mortgage payments, is still unknown. Mingkun involved in a series of lawsuits February 3, 2010, the United States Kam Energy issued a notice that the Yinze District People's Court in Taiyuan, the United States and Kam Energy, the second largest shareholder of Ming-kun Group and Huaxia Bank Limited Taiyuan Branch (hereinafter referred to as "Huaxia Taiyuan Branch") involved in the case of a contract dispute,　　As the Mingkun group to the Asia-Pacific building to provide loan guarantees, by Huaxia Taiyuan Branch as the second defendant to the Taiyuan City Yinze District People's court filed a lawsuit.　　February 5, 2009, Taiyuan City Yinze District People's Court through the China Registration and Clearing limited liability company Shenzhen Branch, frozen Mingkun Group Holdings of the United States and Kam Energy 17.4492 million shares of restricted circulation shares (accounted for the United States and Kam Energy Total equity 12.5%), the freeze period of two years, this freeze includes the red shares and rights.　　Up to now, the Ming-kun group has a total of 17.771 million U.S.-jin energy, accounting for the United States and Kam Energy Total equity 12.73%, during which the increase in some shares in the frozen list.　　Recently, because of the Ming-kun group has been nearly tens of thousands of dollars to repay the Asian-Pacific Building to China Taiyuan Branch loans, only to make its holdings of the U.S.-Jin energy shares temporarily thawed.　　As a counter measure, the Ming-kun group has also taken the Asia Pacific building and related stakeholders to court to recover losses.　　The Mingkun group and the "Asia-Pacific" Company's dispute is not limited to the Asia-Pacific building, but also to the Asia-Pacific Petrochemical Loan guarantee, so the Asia-Pacific petrochemical also be included in the ranks of the accused.　　September 15, 2005 Asia-Pacific Petrochemical and Mingkun Group signed a commercial bill acceptance agreement, Ming-kun group as an acceptance of the applicant issued a draft of 12 million yuan. November 3, 2010, Taiyuan City Yinze District People's court to accept the Ming-kun Group v. Asia-Pacific Building, Taiyuan Asia-Pacific Petrochemical Development Co., Ltd. (hereinafter referred to as "Asia-Pacific Petrochemical") and Zhao Ying, Chang, Hu Liangming General guarantee contract case, is in accordance withThe law will serve you with a copy of the pleadings, a notice of complaint, a notice of proof, a trial supervision card and a court summons.　　Asia-Pacific Petrochemical is the Asia-Pacific Building Brothers Company, the actual control of the Hu Liangming was sued.　　Ming-kun group said that the Asia-Pacific petrochemical at that time the operating conditions are very poor, do not have the qualifications to apply for a bill of Exchange, Asia-Pacific petrochemical fraud to obtain the trust of the Ming-kun group, defrauding the Ming-kun group guarantee letter.　　Ming-kun Group in September 2005 to BOC and the state branch issued a letter of acceptance of commercial bills of exchange, is willing to accept the agreement under the applicant's debt to provide joint and several liability to guarantee the scope of 12 million yuan, until the acceptance agreement under the acceptance of the applicant's full debt settlement.　　Therefore, the Yinze District Court of Taiyuan City, in 2008, considered the civil case, Bank of the state Branch and the Asia-Pacific Petrochemical signed the Commercial Bill acceptance agreement, and the Mingkun group has a commercial bill acceptance letter is the true meaning of the parties, and did not violate the relevant legal provisions, all parties should be contractual performance.　　According to this, Taiyuan City Yinze District Court holds that the Ming-kun group has the right to recover from the defendant Taiyuan Asia-Pacific Petrochemical Company after undertaking the guarantee responsibility. "Asia-Pacific" crazy loans in Shanxi, a number of people familiar with the case that the Ming-kun group won the reasonable, but can get the Asia-Pacific Building mortgage payments, is still unknown.　　According to our correspondent obtained a number of Taiyuan Chinese court verdict, the Asia-Pacific building involves a number of bank loan disputes, and its property and land use rights are mostly already in the mortgage state. March 8, 2005, the Asia-Pacific building to borrow money for the use of liquidity and the Bank of China Taiyuan Branch and the state Branch (hereinafter referred to as "BOC and the State branch") signed the "Renminbi loan contract" 2005YYJ006, agreed to borrow 9.5 million yuan under the contract, the loan period of 12 months, Borrowing at an annual rate of 7.254%.　　At the same time, by the Asia-Pacific Building and BOC and the state branch signed the "mortgage contract" 2005yyd003, and the state branch on March 8, 2005 into the Asia-Pacific building account 9.5 million yuan.　　According to the mortgage contract between BOC and the Asia Pacific Building, the Asia-Pacific building is mortgaged to the 1-9-storey property of the Asia-Pacific building complex and has registered his rights, and after the loan expires, the Asia-Pacific building has not fulfilled its repayment obligations.　　2008, the Taiyuan City of China and the public trial of BOC and the state branch of the Asia-Pacific building owed a case, Taiyuan City, the defendant in Taiyuan Asia-Pacific building can not be due to repay the above 9.5 million yuan loan, the plaintiff bank and the state branch can be mortgaged to the property to exercise mortgages. August 19, 2008, the Agricultural Bank of China Shanxi branch Jin Yang Branch (hereinafter referred to as "Agricultural Bank Jin Yang branch") and the Asia-Pacific Building loan dispute case, the Yinze District People's Court sentenced to seize the Asia-Pacific Building land tenure, the seizure period of 2 years, the time is August 19, 2008 to August 18, 2010,　　During the seizure period, the land should not be separated, transferred, sold, mortgaged and other formalities. Since the bank loan has not been repaid, the complex building of the Asia-Pacific building from the land to the floor,There have been many years in the bank's guarantee list with the state sub-branch and the Agricultural Bank's Jin Yang branch.　　In addition, April 27, 2006, the Asia-Pacific building on the basis of liquidity loans with BOC Taiyuan and the state branch signed a number for the 2006yyj002 "renminbi loan contract", agreed to borrow the amount of 2 million yuan, the period of 12 months, the loan annual interest rate of 7.605%. June 13, 2006, the Asia-Pacific building with liquidity as a result of borrowing two, to this end, the Asia-Pacific building and the Bank of China and the state branch signed two, respectively, G (YYB) -2006-l-008, G (YYB) -2006-l-009, "RMB loan contract",　　The main agreed loan period is 12 months, the knot is 10 million yuan, the borrowing annual interest rate of 7.605%, the two loans by the Asia-Pacific building and the Bank of China and the state branch signed the number of G (YYB) -2006-l (DY)-No. 007 "Mortgage contract" agreed by the borrower to provide collateral security. The specific content is that the debts of the major contracts signed or to be signed between January 4, 2005 and January 4, 2008 will be effectively fulfilled, and the borrower's Asia Pacific Mansion shall establish a mortgage guarantee for all its property, with a principal amount not exceeding 27.7 million yuan and interest.　　Mortgage period until June 30, 2008, the mortgaged property is located in Taiyuan Wu Yi Lu 32nd, 1-9 floors, the mortgaged land is the same address. But after more than four years, the mortgage bank and the state branch did not get. According to the Shanxi bank supervision officials said, the Shanxi Banking Regulatory Bureau has organized BOC, ABC and other banks to investigate the case. "Involved in a number of financial institutions, but also involved in listed companies, the impact is very bad." "An official from Shanxi banking Regulatory Bureau said in an interview with this newspaper.