This top magic art adjudicates below, gave out loan of one party of the husband and wife after marriage is maintained to belong to the condition of individual liabilities, yuan Chao of ① loan amount gives normal family to live daily; ② creditor specification is used this at the family collective life, joint production is managed, but did not offer evidence to prove; ③ creditor specification is husband and wife bilateral and collective acceptability loan, but did not offer evidence to prove.
Juridical argument:
1, both sides relating debate is put in come-and-go of a lot of money, property is likely each are not identical, here the circumstance falls, bilateral party makes according with folk to trade leaseholdly to the behavior of Zhang be used to.
2, the spouse of view debtor should assume creditor to repay jointly responsibility, but Yuan Chao of amount of case experience money gives normal family to live daily, and creditor is used at the family to collective life, joint production is managed or be based on both sides of husband and wife with respect to this common meaning expresses to did not offer evidence to prove, the spouse of reason debtor is not assumed to this loan repay responsibility.
People's Republic of China is highest people court
Civil judgment
(2019) top magic art civilian eventually 197
Appellant (first trial accuser) : Sun Huiqing, female.
Entrust litigant agent: Zhao Yongjun, xinjiang yuan attorney office solicitor.
Entrust litigant agent: Wang Siqi, xinjiang yuan attorney office solicitor.
Appellant (first trial the accused) : Zhan Guohui, male.
Entrust litigant agent: Feng Muming, guangdong couplet solicitor of farsighted attorney office.
Entrust litigant agent: Lin Guifu, guangdong couplet solicitor of farsighted attorney office.
Appellee (first trial the accused) : Zhang Shuhua, female.
Entrust litigant agent: Feng Muming, guangdong couplet solicitor of farsighted attorney office.
Entrust litigant agent: Lin Guifu, guangdong couplet solicitor of farsighted attorney office.
Because appellant Sun Huiqing is as leasehold as folk of Zhang Shuhua of appellant Zhan Guohui, appellee one desk of issue, refuse to obey the The Xinjiang Uygur Autonomous Region is advanced people court (2018) new civilian first 23 civil judgments, mention to this academy appeal. This academy on Feburary 12, 2019 after put on record, comprised collegiate bench to undertake cognizance lawfully. Of appellant Sun Huiqing entrust litigant agent Zhao Yongjun, wang Siqi, appellant entrusts litigant agent of Zhan Guohui and appellee Zhang Shuhua to act according to Mu Ming jointly, lin Guifu joins suit to front courtyard. This case already was tried now terminative.
The appeal on Sun Huiqing begs: One, lawfully cancel The Xinjiang Uygur Autonomous Region is advanced people court (2018) new civilian first 23 civil judgments; 2, lawfully capital of refund of Zhan Guohui of requirement of first instance of Sun Huiqing of support of change the original sentence, Zhang Shuhua 42350000 yuan, accrual 22018423 yuan, the entire lawsuit that pays the pays loan actually principal to Zhan Guohui, Zhang Shuhua day since March 1, 2018 loan interest requests (amount of change the original sentence is capital 1843740.42 yuan, accrual 3418930.26 yuan, aggregate 5262670.68 yuan) ; 3, this case legal cost is assumed by Zhan Guohui, Zhang Shuhua. Fact and reason: One, court of first instance knows error of principal of loan of definitive edition case, two when borrow Sun Huiqing according to Zhan Guohui " cash and accrual detail " in, both sides affirms end on January 30, 2018, zhan Guohui still owes principal of Sun Huiqing loan 42350000 yuan, this Zhan Guohui after be being formed to Zhang detailed list had not paid any money again. Court of first instance maintains 850000 yuan more (it is respectively on October 13, 2015, 14 days, on December 2, 11 days each 280000 yuan, 120000 yuan, 200000 yuan, 250000 yuan) , bring about wrong to business accounting of this case loan principal. 2, mistake of amount of interest of cognizance loan of first trial court decision. First trial adjudicates will " cash and accrual detail " before forming already the interest that the nucleus reduces undertook the nucleus is decreased 850000 yuan again, bring about this pair of case interest number to maintain a mistake.
Zhan Guohui argue says, one, first trial adjudicates the mistake is maintained " cash and accrual detail " authenticity and associated sex, the amount of principal and interest that causes case experience loan is wrong; 2, original trial supports Zhan Guohui to advocate anything but already the reason of 74592535.6 yuan of facts cannot establish reimbursement; 3, Sun Huiqing asks Zhan Guohui and Zhang Shuhua assume refund to do not have fact and legal basis jointly, accordingly Sun Huiqing's lawsuit requests to cannot hold water lawfully.
The appeal on Zhan Guohui begs: One, cancel The Xinjiang Uygur Autonomous Region is advanced people court (2018) new civilian first 23 civil judgments the first; 2, Zhan Guohui of change the original sentence according to the RMB principal of 12077464.6 yuan of loan is returned to Sun Huiqing return loan to reach pay interest; 3, this case legal cost undertakes 12077464.6 yuan partaking by the RMB. Fact and reason: One, first trial court decision maintains factual mistake. 1, on November 18, 2017, signed on January 30, 2018 " cash and accrual detail " it is indirect evidence, trade with bilateral bank running water proof not be identical, cannot serve as the evidence that knows fact of definitive edition case directly. Sun Huiqing is indemonstrable loan principal is how to be calculated reach, its did not fulfil proof responsibility, ought to bear quote incapable consequence. 2, case experience money all is investment fund, and two " cash and accrual detail " be urge fund place to sign to help Sun Huiqing deal with tripartite, account content all is fabricate. 2, the bank running water that provides in the light of Zhan Guohui, sun Huiqing says this bank running water is its and other business dealings of Zhan Guohui, but did not provide relevant evidence. The reimbursement amount that first trial adjudicates to with this reason did not maintain Zhan Guohui to advocate to Sun Huiqing entirely attributes cognizance fact mistake.
Argue weighs Sun Huiqing, one, this case loan fact is clear, owe pay amount of loan principal and interest to make clear, entire lawsuit of Sun Huiqing requests to should grant to support; 2, court of first instance collects a letter to this record proof lawful and effective, zhan Guohui's appeal requests to cannot hold water lawfully.
Sun Huiqing sues a request to court of first instance: One, sentence your Zhan lawfully national brightness, Zhang Shuhua to capital of Sun Huiqing refund 42350000 yuan; 2, sentence your Zhan lawfully national brightness, Zhang Shuhua pays loan interest 22018423 yuan to Sun Huiqing, pay the pays loan actually principal to Zhan Guohui, Zhang Shuhua day since March 1, 2018 stopping loan interest; 3, sentence your Zhan lawfully national brightness, Zhang Shuhua pays belongings to conserve expend 5000 yuan; 4, this case litigation expenses is assumed by Zhan Guohui, Zhang Shuhua.
Court of first instance holds a fact: Sun Huiqing entrusted Sun Guili of afterbirth younger sister to be in industrial and commercial bank through its 2012 the Zhang date of Urumqi subbranch of a bank (card number is × of 62 × × 13) divide Xiang Zhan inside national brightness card (card number is 62; Sun Huiqing entrusted Sun Guili to be in through its 2013 Xi Hong of agricultural bank Urumqi east the Zhang date of road subbranch of a bank (card number is × of 62 × × 16) divide 12 times get stuck to Zhan Guohui inside (; Sun Huiqing entrusted Sun Guili to be in through its 2014 Xi Hong of agricultural bank Urumqi east the Zhang date of road subbranch of a bank (card number is × of 62 × × 71) divide 19 times get stuck to Zhan Guohui inside (; Sun Huiqing entrusted Sun Guili to be in through its 2015 Xi Hong of agricultural bank Urumqi east the Zhang date of road subbranch of a bank (card number is × of 62 × × 71) divide 8 times get stuck to Zhan Guohui inside (, above adds up to remittance 41, amount is total 89950000 yuan. Sun Huiqing advocates this somes of remittance is his the money to Zhan Guohui lend.
On November 18, 2017, sun Huiqing was signed with Zhan Guohui " Zhan Guohui in August 2015 - lent Sun Huiqing cash and accrual detail in November 2017 " , affirmed end to sign day, zhan Guohui still owes principal and interest of Sun Huiqing loan 69112107.06 yuan. Be in part of the remarks that express end: Sun Huiqing, Zhan Guohui classics negotiated both sides on November 18, 2017 unanimous agree with reimbursement to plan: Capital of refund of the Zhan Guohui before Feburary 10, 2018 20000000 yuan, the Zhan Guohui before Feburary 14, 2018 returns loan principal 12350000 yuan, capital waits for Zhan Guohui 10000000 yuan to have Qian Li namely liquidate, accrual expresses normal computation by this, on October 1, 2017 - the Sun Huiqing inside two years will be not urged on October 1, 2019 should owe interest, if Zhan Guohui has money during owing interest,still owe interest actively. Money minute sees " Zhan Guohui in August 2015 - cash reached accrual detail in November 2017 (accrual is calculated again accrual) " .
On January 30, 2018, sun Huiqing was signed with Zhan Guohui " Zhan Guohui in August 2015 - lent Sun Huiqing cash and accrual detail in January 2018 " , affirmed end to sign day, zhan Guohui still owes principal and interest of Sun Huiqing loan 71921774.89 yuan (among them loan principal 42350000 yuan, accrual 29571774.89 yuan) , loan principal 42350000 yuan in the center come 13500000 yuan to led 2 ％ by monthly interest on January 31, 2018 from August 1, 2015 plan breath; Loan principal comes 28850000 yuan to led 2 ％ by monthly interest on December 31, 2016 from January 1, 2016 plan breath. Loan principal 28850000 yuan in the center come 14850000 yuan to led 2 ％ by monthly interest on January 31, 2018 from January 1, 2017 plan breath; In the center 14000000 yuan come to led 1.8 ％ by monthly interest on January 31, 2018 from January 1, 2017 plan breath, the accrual in cycle of every plan breath all was calculated by plan interest interest rate compound interest. The agreement that is in in the remarks that express end divides loan principal and interest to differ besides, with on November 18, 2017, sun Huiqing signs with Zhan Guohui " Zhan Guohui in August 2015 - lent Sun Huiqing cash and accrual detail in November 2017 " consistent.
Got stuck to the bank that Zhan Guohui passed agricultural bank on December 14, 2017 on July 10, 2012 (card number is × of 62 × × 15) block remittance to Sun Guili's bank 86, amount adds up to 50849535.6 yuan; The bank that Zhan Guohui entrusts case alien Li Xiangrong to pass agricultural bank gets stuck (card number is × of 62 × × 70) block remittance to Sun Guili's bank 2, amount adds up to 450000 yuan; The bank that Zhan Guohui enrolled merchant bank to Sun Guili on December 31, 2015 blocks remittance 1, amount 280000 yuan; Got stuck to the bank that Zhan Guohui passed agricultural bank on June 26, 2015 on March 23, 2015 (card number is × of 62 × × 15) block remittance to Sun Huiqing's bank 22, amount adds up to 24304000 yuan.
Additional find out, zhang Shuhua and Zhan Guohui fasten husband and wife to concern.
Court of first instance thinks, legitimate leasehold concern gets legal protection. Fasten the leasehold significance that dispute with respect to this case, zhan Guohui, Zhang Shuhua gives on the court approbate, zhan Guohui, Zhang Shuhua lends money to receiving Sun Huiqing to go out 89950000 yuan not dissent, and the reimbursement amount that Sun Huiqing recognizes 55186479.39 yuan, give affirm. The controversy focus of this case is: One, how do this case folk's leasehold capital and accrual decide; 2, whether should be Zhang Shuhua assumed repay jointly responsibility.
One, the issue that how decides about this case loan principal and accrual
The loan capital that Sun Huiqing maintains to Zhan Guohui has not repay is 42350000 yuan, zhan Guohui counterplea thinks to did not return loan principal to be 12077464.6 yuan only, its reason is: It is bilateral sign " loan ready money and accrual detail " the watch is Sun Huiqing to tripartite loan, to deal with the dun of tripartite, use this list at confirming to tripartite to already gave Zhan Guohui money subtenancy, reason cannot serve as the basis that knows fact of definitive edition case; 2 it is bilateral did not agree between party loan interest, what Zhan Guohui repays all be loan principal, outstanding share is 12077464.6 yuan only; 3 it is the reimbursement that approbates except Sun Huiqing besides, still have much pen reimbursement not plan into. Court of first instance thinks, basis " a certain number of regulations of top people court about civil suit evidence " the 2nd regulation, the fact that party refutes lawsuit of the other side to request a basis is responsible offer evidence to try to prove. On November 18, 2017, the cash reserve in a bank that Sun Huiqing signed with Zhan Guohui on January 30, 2018 and accrual list all have bilateral sign one's name, the contradictory reason that Zhan Guohui offers to this, did not refer evidence to give confirm, ought to bear adverse consequence. In cash and accrual list mixed on January 14, 2016 two reimbursement Feburary 2, and all agreed with record of bank remit money with two reimbursement December 14 on November 15, 2017, and the reimbursement December 14, 2017 was 2017 cash reachs the reimbursement that after accrual list signs, happens, plan entered cash reached accrual list 2018, this a little bit accord with folk to Zhang behavior leasehold trade habit. Because these two cash and accrual list are the true meaning of Sun Huiqing and Zhan Guohui,express, have sanction to signing average per capita. Zhan Guohui is written on the cash November 18, 2017 and accrual list have " two years less than cannot be sued " , it is place of its home remedy is written only, express without what Sun Huiqing approbates, and already did not have this content in the cash January 30, 2018 and accrual list. The limitative opposite party that Zhan Guohui just makes appeals to authority express, enroach on our country law gifts the right that court of people of request of civil main body gives judicatory protection, should be invalid. And to the agreement in remarks " Sun Huiqing is in on October 1, 2017 - the Sun Huiqing inside two years will be not urged on October 1, 2019 should owe interest " this agreement is Sun Huiqing the reimbursement that decides via talking things over with Zhan Guohui, concern before this paragraph of content at Zhan Guohui ought to the agreement of deadline reimbursement, still have after this paragraph of content " still owe interest if Zhan Guohui is rich during owing interest actively " agreement, reason looks from content of remarks full text Sun Huiqing is not urged inside two years wanting accrual to be not is to abandon the meaning of accrual expressing, however conditional of short duration is not urged want accrual, also cannot becoming Zhan Guohui to think Sun Huiqing does not want accrual two years is the contradictory basis with truthless loan. On put together, zhan Guohui thinks cash and accrual list cannot regard cognizance fact as the contradictory reason of the basis, do not grant to collect a letter.
Did not conclude between Sun Huiqing and Zhan Guohui loan contract, do not have the agreement of accrual before cash and accrual list are signed. Before August 1, 2015, zhan Guohui advocates already reimbursement 104, amount is 74592535.6 yuan, the remit money that the remittance that Sun Huiqing enrols the amount in merchant bank card to be 695066.7 yuan to collecting Sun Guili 11 sums among them collects the amount in card of Sun Huiqing bank to be 24304000 yuan with 22 (add up to amount, do not approbate the reimbursement that is loan, be based on the remittance that other law concerns however. Court of first instance thinks, zhan Guohui is in reimbursement 74592535.6 yuan hind the cash reserve in a bank that still formed Shang Qian capital to be 42350000 yuan with Sun Huiqing on August 1, 2015 and accrual list do not accord with constant manage apparently, party of combinative both sides is other to existence is being returned between both sides the allegation of economic come-and-go, and Zhan Guohui did not offer other evidence confirm these 33 remittance are the loan that repay, sun Huiqing thinks the argument that is not loan of case of countervail repayment of capital is more equitable, reason court of first instance gives collect a letter. After 74592535.6 yuan deduct amount of these 33 money, remaining sum is 49593468.9 yuan, with already returned the balance between loan principal to be 1993468.9 yuan, sun Huiqing holds the interest that pays for Zhan Guohui. Contract law stipulates the loan contract between the natural person does not have an agreement to perhaps agree to paying interest the 211st times ambiguous, regard as do not pay interest. But this law sets and do not prohibit borrower pays interest of one's own accord to usurer. 1993468.9 yuan when the Zhan Guohui in this case pays not plan into the cash 2018 and accrual list, and the way that Zhan Guohui pays is bank remit money, without other evidence can confirm money utility, and the both sides in accrual list is reached in cash agreed interest rate. Integrated above element, this view of Sun Huiqing accords with folk to trade leaseholdly habit, give support.
Sun Huiqing basis " Zhan Guohui August 2015 - lent Sun Huiqing cash and accrual detail in January 2018 " advocate 42350000 yuan to Zhan Guohui still owes loan principal, approbate at the same time came on August 1, 2015 Zhan Guohui repaid during January 31, 2018 5593010.49 yuan, after the interest that according to section computation has generated deducts countervail reimbursement, view up to the accrual Feburary 28, 2018 22018423 yuan (already deducted compound interest) . According to " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems " the 26th regulation, the interest rate that leasehold both sides agrees did not exceed annual interest to lead 24% , lender requests borrower to pay interest according to conventional interest rate, people court should grant to support. To the view of interest of Sun Huiqing loan, have the loan interest rate that both sides affirms in cash and accrual list, did not exceed annual interest to lead 24% , give support. 5593010.49 yuan when repay to Zhan Guohui, sun Huiqing view repays all be accrual, the interest rate that agrees to this basis, date that repay and amount one by one undertake checking (the detail sees subsequently subordinate list) : Among them brushstroke amount is 1126139.22 yuan reimbursement, in cash and accrual list not account reimbursement date, but from inside the watch located position is before January 1, 2016, the accrual that what and touch buckle is 2015, reason is this reimbursement date certainly on December 31, 2015, the reimbursement date of the account in watch of according to of the others reimbursement confirms as follows: Principal of the loan in the watch 13500000 yuan, come from August 1, 2015 on December 31, 2015 Zhan Guohui in all reimbursement 1976139.22 yuan, the interest rate that according to agrees already generated interest 1368000 yuan, reimbursement balance part should rush 608139.22 yuan reduce capital, to the capital after decreasing 13500000 yuan remaining sum turns into 12891860.78 yuan, reach 6789713.34 yuan to generated interest on Feburary 28, 2018 from January 1, 2016 (0.02 monthly interest of 12891860.78 yuan of × lead ÷ 30 days × 790 days) . Come from January 1, 2016 on March 11, 2016, zhan Guohui is aimed at loan principal 28850000 yuan of reimbursement 2600000 yuan, deduct deal with accrual 1364398.8 yuan remaining sum should rush 1235601.2 yuan reduce capital, to the capital after decreasing 28850000 yuan remaining sum turns into 27614398.8 yuan. Reach 5412422.17 yuan to generated interest on December 31, 2016 from March 12, 2016 (0.02 monthly interest of 27614398.8 yuan of × lead ÷ 30 days × 294 days) . Come from January 1, 2017 on Feburary 28, 2018 loan principal 14850000 yuan (include in capital 28850000 yuan in) generation accrual 4197600 yuan, during this Zhan Guohui reimbursement 1016871.27 yuan, accrual was not returned to be 3180728.73 yuan after deducting. Come from January 1, 2017 on Feburary 28, 2018 loan principal 12764398.8 yuan (loan principal 27614398.8 yuan - 14850000 yuan) generation accrual 3216628.5 yuan (0.018 monthly interest of 12764398.8 yuan of × lead × 14 months) . On put together, affirm Zhan Guohui have not the loan principal of liquidate is 12891860.78 yuan of ＋ 14850000 yuan + 12764398.8 yuan, aggregate 41114398.8 yuan, up to on Feburary 28, 2018 not the accrual of liquidate is 6789713.34 yuan of ＋ 5412422.16 yuan of ＋ 3180728.73 yuan of ＋ 3216628.5 yuan, aggregate 18599492.74 yuan. Reasonable to principal of the loan in litigant request of Sun Huiqing and accrual part gives support, to exceeding a share, do not grant to support. The lawsuit of the loan interest that advocates to Sun Huiqing Zhan Guohui bears the day that reachs to pay loan actually principal from March 1, 2018 requests, do not disobey " a certain number of opinions that top people court hears leasehold case about people court " the 29th regulation about interest rate of exceed the time limit, give support.
2, whether ought to assume about Zhang Shuhua repay jointly the problem of responsibility
" the explanation that top people court involves statute of comfortable use of case of dispute over obligation of husband and wife to concern an issue about cognizance " the 3rd regulation, one party of husband and wife is put in marital relation the family is exceeded with individual name during add the debt that daily life needs to lose, creditor the right holds in order to belong to husband and wife for joint liability, people court does not grant to support, but creditor can prove this debt is used at husband and wife to collective life, joint production is managed or be based on both sides of husband and wife common meaning is denotive except. In this case, what Zhan Guohui lends money to amount to 89950000 yuan to Sun Huiqing, yuan Chao gives a family daily life need. Sun Huiqing advocates Zhan Guohui uses borrow or lend money at collective life, joint production to manage, but did not offer corresponding evidence to give confirm, reason asks to Sun Huiqing Zhang Shuhua and Zhan Guohui are assumed jointly repay the litigant request of responsibility, do not grant to support.
Court decision of court of first instance: One, the accused Zhan Guohui returns principal of loan of accuser Sun Huiqing at adjudicating the 30 inside day countervail after become effective originally 40506259.58 yuan, accrual 18599492.74 yuan, the loan interest that the day that reachs to pay off loan actually since March 1, 2018 stops (among them loan principal leads 2% plan interest 27741860.78 yuan according to monthly interest, loan principal leads 0.18% plan interest 12764398.8 yuan according to monthly interest) ; 2, reject accuser Sun Huiqing other suit request.
The case accepts fee 363667.12 yuan, by burden of the accused Zhan Guohui 345483.76 yuan, by burden of accuser Sun Huiqing 17183.36 yuan, belongings conserves expend 5000 yuan by burden of the accused Zhan Guohui.
This academy during 2 careful, party did not submit new evidence. First instance finds out a fact, this academy gives affirm.
This academy thinks, the focus of this case is: One, Sun Huiqing and Zhan Guohui sign " cash and accrual detail " effective; 2, how should be amount of case experience money maintained.
One, about " cash and accrual detail " whether true active issue
The first, about " cash and accrual detail " authenticity. Zhan Guohui approbates two " cash and accrual detail " sign by its oneself, but because tripartite is urged to Sun Huiqing,argue says is incur debt, be signed to help. Above all, zhan Guohui was reached in November 2017 signed capital content to help twice respectively in January 2018 identical " cash and accrual detail " not agree with with constant manage, the reason that Zhan Guohui weighs to its argue did not offer relevant evidence to prove; Next, zhan Guohui serves as the adult that has capacity of completely civil action, consequence ought to have the law that creates to applying behavior place actually to foreknow accordingly, because of this case experience " cash and accrual detail " the true meaning that should regard Zhan Guohui as expresses, this appeal reason cannot establish Zhan Guohui. The 2nd, about " cash and accrual detail " account principal and interest and proof of bank running water not agree with one. Sun Huiqing argue says both sides takes scroll loan and reimbursement form, reason bank evidence and both sides affirm amount of principal and interest nots agree with. In this case, both sides admits to be put in come-and-go of a lot of money, property is likely each are not identical, here the circumstance falls, behavior accords with pair of Zhang of bilateral party folk is leasehold trade habit, and the evidence of Yi Yin of detail of bank running water that bilateral party provides in first trial the authenticity that Sun Huiqing states, this appeal reason cannot establish Zhan Guohui. The 3rd, about Zhan Guohui the view should serve as principal amount to be returned to Sun Huiqing with 12077464.6 yuan return loan principal and interest. Zhan Guohui says to investment fund all is between its and Sun Huiqing, debt capital should be 12077464.6 yuan. Above all, about money is investment fund between both sides, zhan Guohui did not offer evidence to prove its viewpoint; Next, about amount of principal of case experience loan, both sides is in " cash and accrual detail " in already affirmed and sign approbate. Although Zhan Guohui advocates according to the bank detail shows its already repaid money 75642535.6 yuan, but its are in one, all approbate in 2 careful with outside case experience money is being divided between Sun Huiqing, still have contact of other and many capital, whether to repay entirely to above money case experience loan, zhan Guohui did not offer evidence to prove. This appeal reason of Zhan Guohui cannot hold water.
2, the number issue about loan principal and interest
About capital part, party signs affirm " cash and accrual detail " in what capital ministry one's duty allows not lawbreaking, administrative regulations is mandatory regulation, true meaning shows department party, all have sanction to both sides, the principal amount of account signs twice via Zhan Guohui affirm should maintain effective. And first instance court decision is in maintain " cash and accrual detail " authenticity at the same time, deny the principal amount that both sides affirms again, in the meantime, zhan Guohui did not offer evidence to prove again on October 13, 2015, on October 14, on December 2, will add up to on December 11 850000 yuan turn the paragraph was not calculated in the money that already repaying, one adjudgement deducts this 850000 yuan again definitely attribute cognizance fact mistake. About interest section, the accrual computation level that Sun Huiqing maintains was not disobeyed " top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " the interest rate limits of the 26th regulation, because this Sun Huiqing advocates Zhan Guohui returns gold of repayment of capital,42350000 yuan reach accrual 22018423 yuan request, this academy gives lawfully support.
Additional, should deny about Zhang Shuhua assume repay jointly the problem of responsibility. Although Sun Huiqing advocates Zhang Shuhua should be assumed repay jointly responsibility, but Yuan Chao of amount of case experience money gives normal family to live daily, and to Sun Huiqing is used at collective life, joint production manages the household or be based on both sides of husband and wife with respect to this during 2 careful common meaning expresses to did not offer evidence to prove, this appeal reason of Sun Huiqing cannot hold water.
The place on put together is narrated, zhan Guohui's appeal requests to cannot hold water, should grant to reject; Hope for success of the appeal on Sun Huiqing's part stands, first instance adjudicates mistake of cognizance part fact, should grant change the original sentence. According to " code of civil law of People's Republic of China " the 170th the first the 2nd regulation, the court decision is as follows:
One, cancel The Xinjiang Uygur Autonomous Region is advanced people court (2018) new civilian first 23 civil judgments;
2, Zhan Guohui at adjudicating become effective hind repays inside 30 days originally principal of Sun Huiqing loan 42350000 yuan, the loan interest that accrual reachs the day that reachs to pay off loan actually since March 1, 2018 22018423 yuan to stop (among them loan principal leads 2% plan interest 28350000 yuan according to monthly interest, loan principal leads 0.18% plan interest 14000000 yuan according to monthly interest) ;
3, the other suit request that rejects Sun Huiqing.
If did not press what this court decision appoints during fulfill pay money obligation, ought to according to " code of civil law of People's Republic of China " a stupid person 13 regulation, pay doubly to walk on the debt interest between date of departure tardily.
First instance case accepts fee 363667.12 yuan, belongings conserves expend 5000 yuan; 2 careful case accepts fee 232582.66 yuan, by Zhan Guohui burden.
This court decision is final judgment to adjudicate.
Presiding judge Ding Anyu
Judge Wang Dongmin
Judge Chen Jizhong
Two years on March 27
Mi of judge assistant week
Clerk Guo handsomes
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