Bank of Communications Co., Ltd. Guizhou Branch v. Guizhou Jinchi Hongye Trading Co., Ltd., Guizhou Yinyuan Financing Guarantee Co., Ltd., Guizhou Zhiyi Real Estate Development Co., Ltd., and Lin X (Dispute over Financial Loan Contract): The Creditor Not Entitled to Claim Guarantee Liability Directly against the Sub-guarantor

The sub-guarantor does not directly guarantee the performance of the principal debt, but guarantees the performance of the guarantor’s guarantee obligation, so the creditor has no right to claim guarantee obligation directly from the sub-guarantor. The creditor who claims assumption of guarantee obligation by the guarantor and whose claim is not discharged has the right to hold the sub-guarantor liable to the extent that the guarantor has not performed the guarantee obligation.