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编辑同志:我是某汽车公司的负责人。某县冶金厂与建设银行某县支行签订抵押借款合同一份。合同约定:借款金额40万元,借款期限一年,以治金厂的自有房产作抵押(实际上该厂无自有房产)。我们汽车公司为该借款合同进行了保证担保。借款到期后,冶金厂未还本付息,建行诉至法院,请求判决冶金厂和汽车公司连带偿还借款本息。经审查,建行与冶金厂又签订了一份联营合同,内容为建行向冶金厂出资40万元,期限一年,由冶金厂负责经营,联营到期后,由冶金厂还给建行40万元,并向建行支付固定数额的利润。请问,在借贷双方串通的情况下,我公司能主张免除保证责任吗?云南丁斌
Editor's Comrade: I am the head of a car company. A county Metallurgical Plant and a county branch of the Construction Bank signed a mortgage loan contract. Contractual agreement: the amount of 400,000 yuan loan, the loan period of one year, to die-owned plant real estate mortgages (in fact, the plant has no own property). Our car company has a guarantee for the loan contract. After the expiration of the loan, the metallurgical plant did not repay the principal and interest, and CCB filed a lawsuit to the court requesting that the metallurgical plant and the automobile company jointly repay the principal and interest of the loan. After review, CCB and Metallurgical Plant have signed a joint venture contract, CCB to the metallurgical plant invested 400,000 yuan for a period of one year by the metallurgical plant is responsible for business, after the expiration of the joint venture, the metallurgical plant back to 400,000 yuan CCB , And pay a fixed amount of profit to CCB. Excuse me, in the collusion of both lenders and borrowers, our company can claim to be exempt from the guarantee responsibility? Yunnan Ding Bin