Recently, court of Jinan city intermediate people is leasehold to a folk issue desk made 2 judgement definitely, this court decision adopted Yang Yongtao of office of attorney of sincere dimension of appellant agent Shandong, Zhao Tiao group acting opinion of the lawyer, cognizance case does not attribute economic dispute, be suspected of economic crime however, rule cancel first instance adjudicates, reject accuser (appellee) sue. Yang Yongtao of office of attorney of Shandong sincere dimension, Zhao Tiao group the lawyer applies major " cover a road to borrow " knowledge and level of lofty lawsuit of front courtyard careful, safeguarded the legitimate rights and interests of party lawfully.
Because the Pang Mou's couple of He lustre is badly in need of spending money, the Hu Mou of rich of the Chen Mou that passes He lustre, Zi to loan of nominal borrower Zhang Mou 350 thousand yuan, serve as security by Hu Mou, signed loan contract and notarization undertook in notarial place, by Pang Mou's couple mutual house property serves as guaranty and dealt with guaranty to register, ask according to the other side the bank card and password delivered to the other side at the same time. During, the person such as Chen Mou, Hu Mou is returned with all sorts of reason collection all sorts of charge such as alleged poundage, travelling expenses count Pang Mou's couple yuan. On loan name 350 thousand yuan, pang Mou's couple uses a fund actually only ten yuan.
2017 Zhang Mou to to lodge a complaint of court of people of the city zone of Jinan city all previous, requirement Pang some couple remands loan principal 350 thousand yuan, accrual, penalty due to breach of contract. Court of people of the city zone of Jinan city all previous sentences capital of refund of Pang Mou's couple and accrual of monthly interest dimidiate, sentence your Zhang Mou at the same time preferential to mortgaging house property is enjoyed authority sufferring countervail.
After court decision of first instance of the city zone of Jinan city all previous is made, yang Yongtao of office of attorney of Shandong sincere dimension, Zhao Tiao group the lawyer accepts Pang Mou's couple entrust, mentioned to appeal. Carry the serious research to the case, acting lawyer thinks this case ties a typical case one case " cover a road to borrow " case, the concerned regulation that borrows about covering a region around highest courtyard closely then and " cover a road to borrow " form made careful acting plan.
One, accept an inquiry to force accuser to appear in court, in March 2018, this case is when first time of court of Jinan city intermediate people is sessional, yang Yongtao, Zhao Tiao group the attorney representative to the agent of appellee accredit demur, ask him appellee appears in court strongly. Whether is cannot checking accredit a power of attorney on the court in view of the court what him appellee signs, did not appear in court considering first instance appellee the fact that reachs appellant to ask appellee appears in court strongly, the court adopted Yang Yongtao, Zhao Tiao group the lawyer's proposal, written the agent that tells appellee, appellee must appear in court, will make adverse to its court decision otherwise.
2, in April 2018, this case had open a court session the 2nd times, in front courtyard careful, yang Yongtao, Zhao Tiao group the lawyer applies major " cover a road to borrow " knowledge and skilled to evidential regulation control, the loan agreement that the appellee in escape first instance offers, receipt for a loan, notarial deed, guaranty registers the evidence such as certificate. And the origin that is aimed at loan process, capital, trade habit, accrual pays, the problem such as proceeding spreads out aggressive ask a question to him appellee, before ten problems, the answer flaw of appellee 100, violate constant put in order, because be about to answer a problem for many times to get for appellant,its agent is in in front courtyard careful judicial warning. Ever since the answer with helpless appellee is not to know more silent perhaps, front courtyard careful obtained consummation.
Final, court of Jinan city intermediate people thinks, this case all exists from the circumstance such as consign of source of loan process, financing, loan major question, and appellee cannot add up to manage explanation. Basis " top people court commits a crime about economy is being involved in case of cognizance economy dispute suspicion the regulation of a certain number of problems " , think not to attribute economic dispute, rule cancel first instance adjudicates, reject the prosecution of appellee. Move the case send public security mechanism to undertake handling. Yang Yongtao, Zhao Tiao group the lawyer applies major " cover a road to borrow " knowledge and level of lofty lawsuit of front courtyard careful, safeguarded the legitimate rights and interests of party lawfully.
