······································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································································山东省龙口市人民法院
民 事 判 决 书
（2016）鲁0681民初4625号
原告：龙口市南山融资担保有限公司，住所地：龙口市南山工业园南山村，组织机构代码：57049008-0。
法定代表人：宋建鹏，任总经理。
委托诉讼代理人：赵贵强，山东南山东海律师事务所律师。
委托诉讼代理人：郝杰，山东南山东海律师事务所律师。
被告：龙口市德润汽车销售有限公司，住所地山东省龙口市北马镇东刘家村路北，组织机构代码：56408013-0。
法定代表人：刁风亭，任总经理。
委托诉讼代理人：刁基清，男，1977年2月2日出生，汉族，居民，住山东省龙口市。
被告：湖北省德润汽车销售有限公司，住所地孝感市孝南经济开发区长兴三路，组织机构代码33184685-2。
法定代表人：刁风亭，任总经理。
委托诉讼代理人：刁基清，男，1977年2月2日出生，汉族，居民，住山东省龙口市。
被告：龙口市钰恒汽车销售有限公司，住所地山东省龙口市北马镇东刘家村东路南，组织机构代码05239178-7。
法定代表人：刁基清，任总经理。
被告：刁风亭，男，1947年12月29日出生，汉族，居民，住山东省龙口市。
委托诉讼代理人：刁基清，男，1977年2月2日出生，汉族，居民，住山东省龙口市。
被告：刁基清，男，1977年2月2日出生，汉族，居民，住山东省龙口市。
被告：王凤琳，女，1986年11月5日出生，汉族，居民，住山东省龙口市。
委托诉讼代理人：刁基清，男，1977年2月2日出生，汉族，居民，住山东省龙口市。
被告：谭桂连，女，1947年2月1日出生，汉族，居民，住山东省龙口市。
委托诉讼代理人：刁基清，男，1977年2月2日出生，汉族，居民，住山东省龙口市。
原告龙口市南山融资担保有限公司诉被告龙口市德润汽车销售有限公司、湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司、刁风亭、刁基清、王凤琳、谭桂连担保追偿纠纷一案，本院于2016年9月8日立案后，依法适用普通程序，公开开庭进行了审理，原告的委托诉讼代理人郝杰；被告龙口市德润汽车销售有限公司、湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司、刁风亭、王凤琳、谭桂连的委托诉讼代理人暨被告刁基清到庭参加了诉讼，本案现已审理终结。
原告向本院提出诉讼请求：1、依法判令被告龙口市德润汽车销售有限公司给付原告借款本金200万元、利息26156.67元及违约金。2、被告湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司、刁风亭、刁基清、王凤琳、谭桂连对上述债务承担连带清偿责任。3、诉讼费由被告承担。事实与理由为：被告龙口市德润汽车销售有限公司于2015年6月23日与烟台银行股份有限公司龙口支行签订了《借款合同》，借款人民币200万元，到期日期为2016年6月22日。同日，由原告与被告龙口市德润汽车销售有限公司签订了《委托担保合同》，由原告向被告龙口市德润汽车销售有限公司提供担保，其余被告向原告出具反担保函，为被告龙口市德润汽车销售有限公司提供反担保。后被告龙口市德润汽车销售有限公司未能按期偿还本息，由原告于2016年6月23日为其向烟台银行垫付本息2026156.67元。另原告与被告双方签订的《委托担保合同》中第十五条第六款约定：对于甲方未按时偿还主合同债权人借款本息或者其他违约情形，致使乙方承担保证责任的，乙方有权要求甲方在乙方履行担保责任后2日内履行还款义务，并承担各项费用及乙方承担保证责任数额25%的违约金。逾期支付，每迟延一日按照担保责任数额的万分之五加收迟延履行金。原告向被告追偿时，被告均以各种理由推脱，因此，原告诉至法院，望查明事实，依法判如所请。
被告龙口市德润汽车销售有限公司、湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司、刁风亭、刁基清、王凤琳、谭桂连辩称，原告的请求额及陈述的事实与理由均属实，被告没有什么要答辩的。
经审理查明：2015年6月23日，被告龙口市德润汽车销售有限公司与烟台银行股份有限公司龙口支行签订了《流动资金借款合同》一份，约定，该被告向烟台银行股份有限公司龙口支行借款200万元，借款期限为12个月。同日，原告与被告龙口市德润汽车销售有限公司签订了2015年南担委担字第30号《委托担保合同》，约定，被告龙口市德润汽车销售有限公司委托原告为其向烟台银行股份有限公司龙口支行的上述200万元的借款提供担保，担保的方式、范围、期间均以原告与烟台银行股份有限公司龙口支行签订的保证合同的保证条款为准。同日，原告又与烟台银行股份有限公司龙口支行签订了《保证合同》，约定由原告为被告龙口市德润汽车销售有限公司依照该被告与烟台银行股份有限公司龙口支行签订的《流动资金借款合同》向烟台银行股份有限公司龙口支行取得的借款200万元提供保证，保证的方式为连带责任保证，保证期间为至主债务履行期届满之日后两年止。保证的范围除借款合同的主债权，包括本金、利息（包括法定利息、约定利息、复利、罚息）、违约金、赔偿金、实现债权的费用（包括但不限于诉讼费、律师费、公证费用、执行费用等）、因债务人违约而给债权人造成的损失及其他所有应付费用。同日，被告湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司向原告出具了《反担保函》，同意为原告的上述担保提供反担保，并承诺其知悉并认可主合同、委托担保合同和相应担保等合同的全部条款，保证主债务人按期履行上述合同的全部义务，对主债务人在上述合同项下的一切应付款项，无条件承担连带偿付责任。如反担保人未能按反担保合同约定的期限履行连带担保责任，由此造成对原告的经济损失（包括但不限于以法律手段追索支付的诉讼费、公告费、评估费、拍卖费、律师费等）概由反担保人承担。同日，被告刁风亭、刁基清、王凤琳、谭桂连向原告出具了《个人反担保保证函》，均同意为原告的上述担保提供反担保，愿意以个人及家庭所有的全部财产对《委托担保合同》中债务人的所有债务承担无限连带清偿和赔偿责任。上述合同及《反担保函》、《个人反担保保证函》签订后，烟台银行股份有限公司龙口支行按照其与被告龙口市德润汽车销售有限公司签订的《流动资金借款合同》的约定，向被告龙口市德润汽车销售有限公司发放了贷款200万元。但被告龙口市德润汽车销售有限公司未能按照合同约定履行还款义务，2016年6月23日烟台银行股份有限公司龙口支行向原告发出了《要求承担担保责任通知书》，要求原告履行担保责任。同日，原告通过电子转账的方式，为被告龙口市德润汽车销售有限公司代偿了银行借款本金200万元、利息26156.67元。
另查明，原告与被告龙口市德润汽车销售有限公司签订的《委托担保合同》还约定，对于龙口市德润汽车销售有限公司未按时偿还主合同债权人借款本息或者因其他违约情形，致使保证人承担保证责任的，保证人有权要求该被告在其履行担保责任后2日内履行还款义务，并承担各项费用及保证人承担保证责任数额的25%的违约金。逾期支付，每迟延一日按照承担保证责任数额的万分之五加收迟延履行金。
上述事实，有原被告陈述、原告提交的其与被告龙口市德润汽车销售有限公司签订的《委托担保合同》、原告与烟台银行股份有限公司龙口支行签订的《保证合同》、烟台银行股份有限公司龙口支行与被告龙口市德润汽车销售有限公司签订的《流动资金借款合同》、被告湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司向原告出具的《反担保函》、被告刁风亭、刁基清、王凤琳、谭桂连向原告出具的《个人反担保保证函》、烟台银行股份有限公司龙口支行出具的《要求承担担保责任通知书》、烟台银行股份有限公司龙口支行的贷款还款记账凭证等证据在卷佐证。
本院认为:原告与被告龙口市德润汽车销售有限公司签订的《委托担保合同》，原告与烟台银行股份有限公司龙口支行签订的《保证合同》、烟台银行股份有限公司龙口支行与被告龙口市德润汽车销售有限公司签订的《流动资金借款合同》、被告湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司向原告出具的《反担保函》、被告刁风亭、刁基清、王凤琳、谭桂连向原告出具的《个人反担保保证函》均系当事人真实意思的表示，且不存在法定的导致合同无效的相关情形，应属合法有效，本院予以确认，双方均应诚信的履行各自的义务。被告龙口市德润汽车销售有限公司的借款到期后，原告应烟台银行股份有限公司龙口支行的要求按约承担担保责任，为其代偿了银行借款本息2026156.67元后，原告有权向被告龙口市德润汽车销售有限公司追偿。根据被告湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司向原告出具的《反担保函》，被告湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司应该对被告龙口市德润汽车销售有限公司应偿还的代偿款承担连带清偿责任。根据被告刁风亭、刁基清、王凤琳、谭桂连向原告出具的《个人反担保保证函》，被告刁风亭、刁基清、王凤琳、谭桂连亦应当对被告龙口市德润汽车销售有限公司应偿还的代偿款承担连带清偿责任。因此，原告请求判令被告龙口市德润汽车销售有限公司偿还代偿的银行借款本息2026156.67元、请求其余被告对被告龙口市德润汽车销售有限公司的上述债务承担连带清偿责任，符合法律规定，本院予以支持。对于原告请求的违约金及迟延履行金，因被告的违约主要造成了原告代偿款项的利息损失，原告请求的违约金及迟延履行金总和不应过分高于其利息损失，即应按照自原告代偿款项之日起至判决生效之日止的利息（按银行同期贷款利率计算）的130%为宜，对原告多请求的部分，本院不予支持。综上，鉴于本案事实，依据《中华人民共和国担保法》第十八条之规定，判决如下：
一、被告龙口市德润汽车销售有限公司于判决生效后十日内给付原告龙口市南山融资担保有限公司代偿银行借款本息2026156.67元及违约金（含迟延履行金，自2016年6月23日起至判决生效之日止，按照银行同期贷款利率的130%计算）。
二、被告湖北省德润汽车销售有限公司、龙口市钰恒汽车销售有限公司、刁风亭、刁基清、王凤琳、谭桂连对上述债务承担连带清偿责任。
三、驳回原告龙口市南山融资担保有限公司的其他诉讼请求。
如果未按本判决指定的期间履行给付金钱义务，应按照《中华人民共和国民事诉讼法》第二百五十三条之规定，加倍支付迟延履行期间的债务利息。
保全费5000元，由被告承担。
案件受理费22800元，由被告承担。
如不服本判决，可于收到判决书之日起十五日内，向本院递交上诉状，并按对方当事人的人数或者代表人的人数提交副本，上诉于山东省烟台市中级人民法院。
审 判 长 宋玉娟
人民陪审员 田玉超
人民陪审员 唐禄庭
二〇一七年三月十日
书 记 员 吴宏伟