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一、问题的提出2002年6月2日,玉河公司与金山公司签订股权转让协议,约定玉河公司将其在银海公司的股权转让给金山公司,股权转让价款2000万元,协议自股权变更登记完毕时生效。对于股权转让价款的支付,银海公司向玉河公司出具担保函,承诺如果金山公司到期未支付全部价款,银海公司承担连带清偿责任。合同约定期限届满后,金山公司未能支付全部股权转让款。玉河公司与其多次协商无果,遂诉诸法院,要求金山公司支付股权转让款,银海公司承担连带保证责任。银海公司
On June 2, 2002, Yuhe Company and Jinshan Company signed an equity transfer agreement, which stipulated that Yuhe Company will transfer its equity in Yinhai Company to Jinshan Company. The equity transfer price was RMB 20 million and the agreement was changed since the equity registration Effective on completion. For the payment of the equity transfer price, Yinhai Company issued a letter of guarantee to Yuhe Company, promised that if Jinshan Company did not pay the full price due, Yinhai Company shall assume the joint and several liability for liquidation. After the expiration of the contractual period, Jinshan failed to pay the entire equity transfer payment. Jade River Company and its many unsuccessful negotiations, then resorted to the court, asking Jinshan company to pay the equity transfer payment, Yinhai company to assume joint and several liability. Silver Sea Company