'Borrower escapes 5 billion debt' case: VPBank and Novareal appeal the verdict

Responding to Tuoi Tre Online about the case of 'the borrower escaping the 5 billion debt', Novareal Joint Stock Company said that Novareal is the party with related rights and obligations. The case is currently only in the first instance stage.

Novaland's Novaworld Phan Thiet project in Lam Dong (formerly Binh Thuan province) - Photo: NGOC HIEN

VPBank said it has sent an appeal to the People's Court of Region 7 and the People's Procuracy of Region 7 against the entire first-instance civil judgment heard on September 30, regarding the credit dispute between the plaintiff VPBank, the defendants Mr. Tran Hong Son and Ms. Nguyen Thi Xuan Dao.

VPBank appeals the first instance judgment

The reason for VPBank's appeal was that "the court of first instance had not considered comprehensively and had not objectively assessed the evidence and documents in the case file, as well as the opinions of the plaintiff's representative, and had applied the wrong legal provisions, leading to a verdict that seriously affected the legitimate rights and interests of VPBank."

Regarding the court's determination that the agreement between Mr. Tran Hong Son and Novareal is invalid, VPBank disagrees and believes that VPBank, participating as the plaintiff, does not dispute the legality of the agreement between Novareal and Mr. Tran Hong Son, and the defendant and the person with related rights and obligations also do not have a counterclaim or independent claim.

Therefore, the decision to consider the legality and contents of the agreement to resolve the case exceeds the request to initiate a lawsuit, affecting the legitimate rights and interests of VPBank.

In addition, VPBank believes that the credit contract and mortgage contract were entered into on a voluntary and legal basis, and were not bound by the validity of the written agreement between the customer and Novareal, so the court of first instance's determination that the validity of the two contracts above was attached to the written agreement "is not in accordance with its legal nature".

VPBank stated that the declaration of invalidity of the above two contracts is against the law. The agreement signed between the customer and Novareal is assumed to be invalid, but it does not mean that the two contracts are also invalid.

"According to the Civil Code, only when the "main transaction" is invalid will the "secondary transaction" be invalid. Credit contracts and mortgage contracts are main, independent transactions , so they cannot be invalid just because the agreement is invalid," VPBank informed.

Novareal say what?

Responding to Tuoi Tre Online , Novareal Joint Stock Company stated that Novareal is the party with related rights and obligations, currently only at the first instance stage and has not issued or served any official decisions or judgments to the parties. Novareal stated that this judgment has not yet taken legal effect and the judgment's comments are inconsistent with the practice of adjudication and the nature of the transaction.

Novarea said it will file a complaint and appeal the verdict regarding the comments related to Novareal Company.

Regarding the project that Novareal is consulting and brokering in Lam Dong province (formerly Binh Thuan), Novareal believes that this is a large-scale resort real estate project, which has been approved by competent authorities for investment policy and is being implemented in accordance with investment phases in accordance with real estate business law.

"This is also a key tourism project of Lam Dong province, not a housing project according to the jury's assessment," Novareal informed.

NGOC HIEN

Source: https://tuoitre.vn/vu-nguoi-vay-thoat-no-5-ti-vpbank-va-novareal-khang-cao-ban-an-20251003110602764.htm