ACCA考试

【分析解答题】Yado SteelCo Ltd (Yado Steel) entered into a loan agreement with IndustryBank to borrow RMB、20 million yuan for its expansion programme. Yado Steel provided its office building as property mortgaged for the debt, and made the registration as require
D、MrDing, one of the shareholders of Yado Steel, placed a guarantee letter of general liability in favour of IndustryBank.Due to poor performance, Yado Steel failed to repay the debt when it came to maturity. Meanwhile, IndustryBank, under a restructuring plan, transferred the credit of RMB、20 million yuan together with the right of pledge to OrientalAssets ManagementCo (OAM). It also made a written notice to Yado Steel and MrDing, but failed to transfer the right of mortgage to OAM. On the contrary, IndustryBank concluded an agreement with Yado Steel before it went bankrupt, and settled other debts owed by the latter through the sale of the office building as mortgaged for the loan. Having found this fact, OAM, as a transferee of the credit, requested the court to order MrDing to bear its guarantor’s liability for the debt. MrDing asserted that he was a pledger with a general liability and would be responsible for the debt only if the things mortgaged could not satisfy the debt.Required:Answer the following questions in accordance with the relevant provisions of the Property Law and theContract Law, and give your reasons for your answer: (b) State what was the cause of this dispute between OAM and IndustryBank. (4 marks)
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