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沈阳某精密仪器厂辛月问:深圳某公司欲开发一科技产品,与我公司商量搞联合,1995年4月,双方签订了联营协议,合同约定由我厂借款100万给深圳公司,我方不派人参与研制,经营,也不承担任何风险,一年后由深圳公司返还我厂本金及利息115万元。(无论开发结果如何),合同签订后我方立即把款划到对方帐户,但合同到期后,深圳公司却借口开发失败而拒付本金及利息。我方想起诉又听说企业间借款违法,法院不予保护,我们该怎么办?
A precision instrument factory in Shenyang Xinyue Q: A company in Shenzhen wants to develop a technology product and negotiates with our company to engage in a joint operation. In April 1995, the two parties signed a joint venture agreement and the contract stipulated that I should borrow 1 million from our factory to Shenzhen Company. No one involved in the development, management, nor does it assume any risk, one year after the return of the Shenzhen plant principal and interest of 1.15 million yuan. (No matter what the outcome of the development), after the signing of the contract, we immediately transferred the funds to each other’s account. However, after the expiration of the contract, the Shenzhen Company refused to pay the principal and interest on the pretext of the development failure. We would like to sue and we heard that the borrowing between enterprises is illegal and the court does not protect it. What should we do?