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一、实情介绍1985年2月四川省某市某贸易商行(以下简称甲方,系个人合伙性质,有资金人民币2万元)向当地金融信托投资公司(以下简称乙方)申请借款人民币40万元。甲方负责人与某厂(以下简称丙方)厂长素有私交,要求丙方作借款的保证人,并对该厂长说:“这纯属履行借款手续,不承担实质性责任。”该厂长信以为真,遂在甲方负责人送来的借款申请书上加盖了丙方公章。事后,乙方未派人与丙方及该厂长联系过关于为甲方担保借款之事。
First, the facts introduced February 1985 Sichuan Province, a trader in a city (hereinafter referred to as Party A, the Department of the nature of individual partnerships, a fund of 20,000 yuan) to the local financial trust investment company (hereinafter referred to as Party B) to apply for a loan of 400,000 yuan . Party A person in charge and a factory (hereinafter referred to as Party C) had a personal relationship with the factory manager and asked Party C to be the guarantor of the loan and said to the director: “This is a purely fulfillment of the loan and does not bear the substantive responsibility.” The director took it for granted that he then sealed the official seal of Party C on the loan application sent by the person in charge of Party A. Afterwards, Party B did not send anyone to contact Party C and the director about securing loans for Party A.