Analysis Of The GUOTUO Company Vs. The YLDB Company Trust Loan Dispute Case

In recent years,with the reform and opening and the development of China's economy,many emerging financial systems have been introduced into China,the trust is one of them.A trust loan is a way of trusting a trust property in a trust relationship.Trust loans because of the speed of financing,operational flexibility,etc.,and the majority of small and medium enterprises as the main way of financing.Because the trust loan is inevitable there is a certain risk,the lender in order to avoid risks as much as possible,may require the guarantor to provide security.When the borrower can not fulfill the repayment obligation,in order to safeguard their own interests,the lender may require the guarantor to fulfill the guarantee obligation.In this case,the GUOTUO Company as the lender,YINJIN Company as a borrower,YLDB Company as a guarantor,when the YINJIN Company did not fulfill its repayment obligations on time,so the GUOTUO Company issued a lawsuit,asked the sponsor YLDB Company guarantee responsibility.The case after two trials,and after the Supreme Court retrial review,the court to support the part of the GUOTUO Company 's request.The case is related to the bankruptcy proceedings and criminal cases of the borrower's YINJIN Company,so the legal relationship is more complex,the main focus of the controversy is 5:1,whether the case should be suspended for criminal proceedings;2,whether the case of malicious fraud;3,the case of the original defendant qualified and third party to participate in litigation issues;4,the case is entrusted loan relationship or trust loan relationship;5,the case after the declaration of claims should stop the trial.According to the five controversial focus,after reviewing the information and comprehensive analysis,the following conclusions are drawn:the case is partly related to the criminal case,but should not be suspended;the case there is no evidence that there is a malicious fraud to defend the situation;GUOTUO company is the case of the plaintiff,YLDB company is the case of the defendant,the court should not take the initiative to add a third party to participate in the litigation;this case is the trust loan relationship;after the declaration of claims,the case should not be suspended.