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墨玉县的刘晓君咨询:去年我与刘某签订了借款合同,约定由我借款2万元给刘某,月利率为10‰,借期1年,由胡某作为担保人。后因借据丢失,我找刘某协商,放弃部分利息,将月利率减为5‰,于是我们重新书写借款合同,同时我出具一份证明,说明原借据作废。后借款到期,刘某未能归还借款,我多次找到刘某和胡某要求偿还借款。但胡某表示,我们已经签订了新的合同,原来由他担保的合同已经作废,自己无须承担担保责任。请问这样合法吗?自治区高级人民法院立案庭
Liu Xiaochun, Moyu County Consulting: Last year, I signed a loan contract with Ryu. I agreed to borrow 20,000 yuan from Liu for a monthly interest rate of 10 ‰. The loan period was one year and Hu Mou was the guarantor. After the loss because of the borrowing, I find Ryu negotiations, to give up some of the interest, the monthly interest rate reduced to 5 ‰, so we rewrite the loan contract, and I issued a certificate that the original borrowing is invalid. After the loan expires, Liu failed to return the loan, I repeatedly find Liu and Humou demanded to repay the loan. But Humou said that we have signed a new contract, the original contract guaranteed by him has been set aside, they do not have to bear the responsibility of security. Is this legal? Autonomous Region People’s Court of Justice