Somebody borrows although Qian Zhi hind is silent as the grave,
But wanting to want to be paid off quickly all the time,
The boast when somebody lends money issues brave words,
The house property testimony that takes a friend even goes doing assure,
When can you returning money however " miss " ?
Xiaosi gives everybody this law case that discuss today,
It is those things about lending money,
Let us look!
Reviewing of details of a case
Li Lei and Cai Jiang are friend relation. Some day, cai Jiang makes clothing factory need capital have enough to meet need with what he manages for, to loan of thunder of good friend plum 200 thousand yuan. Li Lei follows even if to join a piece of 200 thousand yuan accept bill of exchange grant Cai Jiang, cai strong commitment is one-time after a month remand total borrow or lend money, issue a receipt for a loan to give Li Lei, the good friend at the same time card makes Zhang Wei's house property serve as with Li Lei assure. Till after half an year, cai Jiang not only did not remand 200 thousand yuan of loan, still be during this early or late loan of two Xiang Lilei 90 thousand yuan, add up to loan 290 thousand yuan. After this, cai Jiang misses. Li Lei is chased after denounce not if really, appeal to then to the court, ask Cai Jiang, Zhang Wei remands loan and accrual.
Zhang Wei argue weighs the accused, its sign reimbursement to assure for the accused Cai Jiang, it is accuser plum thunder speakand writereimbursement to assure remand house property card, just sign on receipt for a loan with security identity, but Li Lei of the accuser after signing actually did not remand house property card.
Forensic cognizance
The court thinks via cognizance, legitimate leasehold concern should give protection. Loan of Cai strong Xiang Lilei is a fact 200 thousand yuan, and there also is security Zhang Wei on receipt for a loan sign, regard its as to be assumed to Cai Jiang's debt of one's own accord namely assure responsibility, although not express warranty means, but law sets related the basis, party is ambiguous to assuring to means did not agree or agree, assume by joint liability assure responsibility.
Cai Jiang of the accused of forensic court decision remands loan of accuser plum thunder 290 thousand yuan, the accused Zhang Wei assumes responsibility of implicative pay off to 200 thousand yuan of among them loan. (article go-between content all is alias)
Xiaosi reminds
Common saying says " have borrow have still, refinance is not difficult " .
But in actual life,
Often hinder to wait at face, relation between close friends,
Appear " old Zhang is not clear, increase new debt again " phenomenon.
So Xiaosi warns broad citizen here,
Loan person want sincere borrow or lend money, sincere letter reimbursement,
Also be wanted to note keep evidence by borrower, seasonable thought fors the time being!
Red of Changshu court Han
