144,000 Yuan Loan With Guarantor: Five Separate Borrowings Confirmed After Both Borrower and Guarantor Disappear

A lender who made five separate loans totaling 144,000 yuan to a friend obtained a judgment for the full amount after both the borrower and guarantor failed to appear in court, with the guarantor held jointly liable for 75,000 yuan of the total debt as specified in the guarantee agreement.

Between October 2010 and January 2011, the borrower approached the lender on five separate occasions, borrowing amounts that cumulatively reached 144,000 yuan. For two of the loans totaling 75,000 yuan, a third party signed on as a joint liability guarantor, committing to repay those specific amounts if the primary borrower defaulted.

When neither the borrower nor the guarantor made any repayment, the lender filed suit in November 2011. Both defendants became unreachable after the lawsuit was filed, requiring service by public notice. The case was converted from simplified to ordinary procedure. Neither defendant appeared at trial or submitted any defense.

The court treated the defendants’ absence as a waiver of all litigation rights. The lender presented five original loan receipts, each documenting a separate borrowing with the amounts, dates, and signatures. The receipts for the two guaranteed loans bore the guarantor’s signature and explicit assumption of joint liability for the specified amounts.

The court confirmed all five loans were valid and enforceable. The guarantor was held jointly liable only for the 75,000 yuan covered by the guarantee agreement, consisting of a 45,000 yuan loan from October 9 and a 30,000 yuan loan from October 24. The court noted the guarantor’s right of subrogation, meaning the guarantor could seek reimbursement from the primary borrower for any amounts paid under the guarantee. The 3,180 yuan court fee was charged to both defendants jointly.