Recently, the judgment document network disclosed a civil judgment. According to the judgment, a 69 year old woman in Guangzhou invested in stocks with leverage, and the China Securities Co.Ltd(601066) securities credit was 66 million yuan. After that, the old man failed to make up the position as required, and the account was forced to level by China Securities Co.Ltd(601066) . After Qiang Ping, the old man still owed China Securities Co.Ltd(601066) securities more than 10 million yuan.
Focusing on the recovery of arrears, the old man has filed many lawsuits with China Securities Co.Ltd(601066) .
The securities firm involved clarified on the evening of China Securities Co.Ltd(601066) 23 that the company carried out margin trading with the customer mentioned in the media report in March 2017. The company conducted due diligence on the customer in strict accordance with the relevant regulatory rules of margin trading, and the customer’s trading experience, trading assets, integrity and risk assessment results all met the access conditions for margin trading.
China Securities Co.Ltd(601066) said that the customer’s credit account fell below the recovery line agreed in the contract in February 2018 and failed to supplement the collateral in time, and failed to offset all claims after compulsory closing. In order to ensure the safety of the company’s assets and safeguard shareholders’ rights and interests, the company claims creditor’s rights to relevant judicial authorities according to law. This case is now in the process of implementation.
the old man was granted a credit of 66 million to speculate in stocks, and owed more than 10 million
The old man’s name is Su moufu. He was born in 1953. He lives alone and has no children. His monthly pension is 10010 yuan. On March 22, 2017, she signed the contract for margin trading with China Securities Co.Ltd(601066) , which provided her with a total credit line of 66 million yuan.
The contract stipulates that when Su moufu’s maintenance guarantee ratio is lower than the recovery line (130%) and above the minimum line (110%), the credit account enters the recovery state, China Securities Co.Ltd(601066) will send Su moufu a notice of additional collateral by e-mail, mobile phone text message or telephone before 9:00 a.m. of the next trading day, and Su moufu shall add collateral within t + 1 day.
Otherwise, China Securities Co.Ltd(601066) has the right to start the compulsory closing procedure on T + 2. If the maintenance guarantee proportion of Su moufu’s credit account calculated in real time on any trading day or after day-end liquidation is lower than the minimum line (110%), China Securities Co.Ltd(601066) has the right to immediately start the compulsory closing procedure.
After the signing of the above agreement, Su moufu integrated funds through margin trading and securities lending hedging transactions. According to the credit account statement of China Securities Co.Ltd(601066) China Securities Co.Ltd(601066) margin trading node submitted by China Securities Co.Ltd(601066) , Su moufu’s margin credit line, margin credit line and total credit line are 66 million yuan. Several financing liabilities occurred from March 28, 2017 to March 31, 2017, and the contract maturity is from March 28, 2018 to March 31, 2018. As of February 1, 2018, the maintenance guarantee ratio was 1.28, and the total liabilities and financing liabilities were RMB 33355176.80.
On February 1, 2018, China Securities Co.Ltd(601066) sent a message to Su moufu, stating that after the liquidation on February 1, 2018 (t day), Su moufu’s credit account maintained a guarantee ratio of less than 130% (recovery line), requiring Su moufu to transfer the collateral or repay the liabilities for capital and securities lending on February 2, 2018 (T + 1 day), Maintain the guarantee ratio of the credit account at or above 130% after liquidation on the same day (T + 1); Otherwise, China Securities Co.Ltd(601066) has the right to forcibly close the credit account of Su moufu, so as to maintain the guarantee ratio of more than 145%. If Su moufu’s credit account maintains a guarantee ratio of less than 110% after real-time calculation on any trading day or day end liquidation, China Securities Co.Ltd(601066) has the right to immediately force the closing of the credit account to make its maintenance guarantee ratio reach more than 145%.
On February 2, 2018, as Su moufu’s credit account maintained a guarantee ratio of less than 130% (recovery line), China Securities Co.Ltd(601066) informed Su moufu to transfer the collateral or repay the debt of margin trading before February 5, 2018. As of February 5, 2018, Su moufu failed to add collateral or repay debts, and the maintenance guarantee proportion of his credit account fell below the minimum line. China Securities Co.Ltd(601066) on February 5, 2018, Su moufu began to carry out compulsory closing of shares in his credit account. After completing the compulsory closing, some of Su moufu’s financed funds and bonds debts have not been paid off.
China Securities Co.Ltd(601066) therefore, he applied to Beijing Arbitration Commission for arbitration. On May 31, 2019, the Beijing Arbitration Commission made an award (2019) jzz No. 1118, ruling that Su moufu repaid the financing principal of 10.2644 million yuan, overdue interest of 350000 yuan, default interest and arbitration fee to China Securities Co.Ltd(601066) .
claimed to be ill and was considered to resell real estate at a low price
the old man and China Securities Co.Ltd(601066) fell into a tug of war on the final compensation of more than 10 million debts.
According to Su moufu’s plea, the property under his name only has a monthly pension of 10010 yuan, and he has been diagnosed with malignant tumor. He is 66 years old (2019) and depends on his pension to maintain his basic life. But the court froze her pension account.
In addition, during the execution of the court, a real estate under Su moufu’s name was also the focus of the dispute.
According to the judgment, Su moufu owned a real estate with an area of 55.6 square meters in Yuexiu District, Guangzhou. In early February 2018, Su moufu transferred the property to his sister Su mouli at a total price of RMB 1.414 million, with a unit price of RMB 25412.68/m2, and completed the transfer on February 7. On February 15, Su mouli paid the down payment of 600000 yuan, and the remaining payment of 814000 yuan was paid in monthly instalments without interest, a total of 163 instalments of 5000 yuan each.
China Securities Co.Ltd(601066) believes that the lowest online listing price of the community where the house involved in the case is located in 2018 is 50000 yuan / m2, and the transfer price of the house involved in the case belongs to an obviously unreasonable low price according to law. Su mouli and Su moufu are close relatives. She knows Su moufu’s huge debt to China Securities Co.Ltd(601066) . She knows the purpose and reason of Su moufu’s transfer of real estate at an obviously unreasonable low price. Su mouli is actually assisting Su moufu in transferring property.
In this regard, according to Su mouli’s argument, she did not know the business dealings between Su moufu and China Securities Co.Ltd(601066) . Su moufu said that he sold the real estate involved in the case in order to pay for treatment and maintain his later life, and there was no subjective intention to transfer the property maliciously.
However, China Securities Co.Ltd(601066) believes that the real estate belongs to the school district, and the location is superior. The lowest online listing price of the community where the house involved in the case is 50000 yuan / m2 in 2018, which is obviously unreasonable according to law. Su mouli and Su moufu are close sisters, which should be regarded as knowing that Su moufu’s huge debt to China Securities Co.Ltd(601066) has not been paid off, and after su moufu transferred the real estate, the house is still lived by Su moufu without paying rent, which is unreasonable. Therefore, China Securities Co.Ltd(601066) believes that Su mouli actually assisted Su moufu in transferring property. Request to cancel Su moufu’s transfer of real estate.
In this regard, the applicant for enforcement replied that the funds in the account frozen by the court did not belong to the “necessary living expenses” of Su moufu. Su moufu transferred a real estate with an area of more than 55 square meters and a value of at least 2.5 million yuan in February 2018. Moreover, the funds actually controlled by the court are only more than 10000 yuan.
As for the cancer claimed by Su moufu, according to the medical records submitted by him, his disease was cured in 2018, and according to Su moufu’s monthly pension and his disposal of real estate, his life should be superior, there is no lack of necessary living expenses, and he has not provided evidence to prove that the cured disease needs additional living expenses.
The court finally rejected the reconsideration application of Su moufu, the applicant for reconsideration, upheld the original judgment, revoked the house purchase and sale agreement, restored the registration in the name of Su moufu, and his property continued to be frozen.
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