案由：民间借贷纠纷

2001年2月15日，被告张××由被告李××作担保，向原告陈××借款3万元，月息为1%，没有约定还款期限。李××在张××出具给原告的借条写上“担保人李××”，但没有约定保证方式及保证期间。2001年6月25日，原告向被告张××催讨要求其三天内归还借款，未果；但没有向被告李××主张保证责任。2002年5月10日原告向法院起诉，请求判令张××偿还借款3万元及利息，并由李××负连带清偿责任。

律师点评：

担保法第十九条规定：“当事人对担保方式没有约定或者约定不明确，按照连带责任保证承担保证责任。”本案保证人李××只在借条上写上“担保人李××”，没有与原告约定保证方式，依法规定，应承担连带保证责任。同时，由于双方也没有约定保证期间，根据担保法第二十六条“连带责任保证的保证人与债权人未约定保证期间，债权人有权自主债务履行届满之日起六个月内要求保证人承担保证责任。在合同约定的保证期间和前款规定的保证期间，债权人未要求保证人承担保证责任的，保证人免除保证责任”这规定，依法应认定保证人李××承担连带责任保证期间为主债务履行期限届满之日起六个月。结合本案借款时并未约定还款期限，故履行期无法确定。而根据《担保法（若干问题的解释）》第二十三条“主合同对主债务履行期限没有约定或者约定不明确的，保证期间自债权人要求债务人履行义务的宽限期届满之日起计算”。原告于2001年6月25日向被告张××催讨借款，并给其3天的宽限期，担保期间应从2001年6月29日起至2001年12月28日，在此期间内，原告未向李××主张权利，李××的保证责任依法被免除。

法院判决：被告张××应偿还原告借款本息，免除被告李××的保证责任。

（供稿：张卫娟）

Cause of action: Private lending dispute

On February 15, 2001, defendant Zhang ×× Defendant Li ×× As a guarantee to the plaintiff Chen ×× Borrow 30000 yuan with a monthly interest rate of 1%, and there is no agreed repayment deadline. Li ×× In Zhang ×× The promissory note issued to the plaintiff reads "Guarantor Li ××”， But there is no agreement on the guarantee method and guarantee period. On June 25, 2001, the plaintiff filed a lawsuit against the defendant Zhang ×× The demand for repayment of the loan within three days was unsuccessful; But did not report to the defendant Li ×× Advocate for warranty liability. On May 10, 2002, the plaintiff filed a lawsuit with the court requesting a decree of Zhang ×× Repay the loan of 30000 yuan and interest, with Li ×× Bear joint and several liability for repayment.

Lawyer's comments:

Article 19 of the Guarantee Law stipulates: "If there is no agreement or unclear agreement on the guarantee method, the parties shall bear the guarantee liability in accordance with the joint and several liability guarantee." The guarantor in this case, Li ×× Only write 'Guarantor Li' on the promissory note ××”， There was no agreement on the guarantee method with the plaintiff, and according to the law, they should bear joint and several guarantee responsibilities. Meanwhile, as both parties have not agreed on a guarantee period, according to Article 26 of the Guarantee Law, "If the guarantor of a joint and several liability guarantee and the creditor do not agree on a guarantee period, the creditor has the right to demand the guarantor to bear the guarantee liability within six months from the date of the expiration of the debt. If the creditor does not demand the guarantor to bear the guarantee liability during the guarantee period stipulated in the contract or the guarantee period specified in the preceding paragraph, the guarantor shall be exempted from the guarantee liability, According to law, the guarantor should be recognized as Li ×× The guarantee period for joint and several liability shall be six months from the expiration of the main debt performance period. The repayment period was not agreed upon during the borrowing process in this case, so the performance period cannot be determined. According to Article 23 of the Guarantee Law (Interpretation of Several Issues), "If there is no agreement or unclear agreement on the performance period of the main debt in the main contract, the guarantee period shall be calculated from the date on which the creditor requests the debtor to fulfill its obligations. The plaintiff filed a lawsuit against the defendant Zhang on June 25, 2001 ×× Urging the loan and granting it a 3-day grace period, the guarantee period should be from June 29, 2001 to December 28, 2001. During this period, the plaintiff did not provide Li with any ×× Claiming Rights, Li ×× The guarantee responsibility of is exempted according to law.

Court judgment: Defendant Zhang ×× Repayable restoration of loan principal and interest, exempting defendant Li ×× Guarantee responsibility.

(Contributed by Zhang Weijuan)