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When a bank and a surety expressly stipulate that the maximum amount of the secured claims is exclusively limited to the principal, and the associated interests such as accrued interest, default interest, liquidated damages and expenses in realizing the secured claims fall within the scope of the suretyship liability, then, in addition to the principal, the surety shall also be liable for the associated interests when and if the amount of the outstanding principal is not in excess of the maximum amount of the secured claims.

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Shanxi Branch of China Great Wall Asset Management Co., Ltd. v. Shanxi Shuozhou (Pinglu District) Huameiao Chongsheng Coal Industry Co., Ltd., Shanxi Huameiao Energy Group Co., Ltd., et al.

  • 章节

  • 发表日期：

    2025年

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  • Xiangbo Li,
  • Xinxiu Mi

摘要

When a bank and a surety expressly stipulate that the maximum amount of the secured claims is exclusively limited to the principal, and the associated interests such as accrued interest, default interest, liquidated damages and expenses in realizing the secured claims fall within the scope of the suretyship liability, then, in addition to the principal, the surety shall also be liable for the associated interests when and if the amount of the outstanding principal is not in excess of the maximum amount of the secured claims.