Core clew
21, amount 280 thousand Yu Yuan's bank turns Zhang, did not keep receipt for a loan once however. After the event, money turns give one party to ask because of loan other one party remands, and other one party denies fact of bilateral existence loan however, calling all turning Zhang money all is expense of bilateral and collective life... this can be gotten back more than yuan 280 thousand, depend on the proof effectiveness of bank money order bill.
Emersion of details of a case
According to accuser Xu Mou says, some department passes its and the accused king marriage association begins after loving a website to be acquainted, during living together, the accused needs have enough to meet need to wait with deal in succession for, requirement accuser remittance comes its account.
The network matchs a plan
Came on November 9, 2011 July 2013, accuser passes bank network silver to the accused remittance 21, add up to RMB two hundred and eighty-six thousand one hundred yuan. Because bilateral relationship is relatively close, reason accuser did not ask the accused issue receipt for a loan.
By July 2013, both sides parts company, accuser requirement the accused remands afore-mentioned loan are not had if really, reason appeals to to the court. In cognizance, the accused argue says, accuser is belonged to to amount of the accused remittance solid, but this are not loan. The accused explanation says, after both sides lives together, the accused gives his pay check accuser, defendant is given by accuser when need spends money, during so relevant money all is used at living together, collective life consumes defray, be gambled by accuser partly among them play away, bilateral short message is card. The accused firm say, oneself never had issued receipt for a loan to accuser, reason does not agree with the lawsuit of accuser to request.
Adjudicative result
The court thinks via cognizance, accuser transfers accounts by the bank only odd, can prove to the behaviour that belongings changes exists between former, the accused only, can't prove to lawful and significant leasehold concern exists between both sides. Show accuser to fail farther quote proves bilateral existence is leasehold factual basis, although provided recording data, but the main essential factor of the loan such as means of time limit of the loan amount that this recording data fails to reflect place of normal and leasehold relation to should include, loan, reimbursement and interest rate, reason accuser advocates to leasehold relation exists between former, the accused, the basis is insufficient, the lawsuit of accuser requests, do not grant to support.
Accordingly, according to " a certain number of regulations of < of top people court about civil suit evidence > " the 2nd regulation, the court adjudicates the suit that rejects accuser Xu Mou requests finally.
Judge view
Of civilian leasehold contract hold water to ask party has above all leasehold and acceptability, this matters to a contract directly establish those who reach responsibility of breach of contract to assume. The court judges leasehold relation to exist, contract of receipt for a loan, loan is serious book illness, it is the explicit expression form with party acceptability loan.
Above all, bank money order bill is not equal to receipt for a loan, bank money order bill is the proof that party has conducted remittance business only, and receipt for a loan is the written pledge that saves by lender, reflect the evidence that debt of existence creditor's rights concerns between each other. Namely although bank money order bill can mirror the monetary contact that there are two hundred and eighty-six thousand one hundred yuan between former, the accused, but this are belonged to after all why to plant property, be in not certain state, put in a variety of possibility such as loan, reimbursement, cannot make clear this uniqueness that is loan, cannot think to view and the right obligation concern that repay are had between each other more.
Next, accuser should assume quote responsibility with respect to the leasehold relation between each other. For example, bank money order bill or turn on Zhang detailed list although have full name of remit amount, chamberlain, but can not proving this money is the accused lend money to accuser place, both sides is put in controversy to leasehold relation, creditor ought to be put in leasehold relation to provide evidence further with respect to both sides. In this case, the authenticity that the accused supports evidences of some bank remit money to accuser not dissent, but the loan fact position that repudiates accuser to put forward. Here the circumstance falls, need accuser is farther quote, make the judge can is opposite thereby the evidence that bilateral party provides undertakes analytic affirming. Regard big folk as the person kiss all previous of leasehold fact, cannot provide receipt for a loan and say the detail such as clear loan fact, not agree with with constant manage apparently, the allegation reliability of accuser is insufficient, because this accuser needs,fill strong other evidence.
Finally, below the case that provided corresponding evidence in the accused, the view that accuser ought to offer in the light of the accused further undertakes quote, be like accuser quote cannot, ought to bear adverse consequence. Specific in this case, the accused is put to money property disagree, also offerred relevant short information to serve as evidence, and accuser besides bank money order bill, prove without other evidence this money belongs to loan, this means accuser to need to assume quote to cannot cause the adverse consequence that lose a lawsuit.
When handling case of civilian leasehold dispute, the court can combine receipt for a loan, bank to turn amount of interest of utility of Zhang record, loan, principal, remand the element such as origin of amount, money will undertake be judginged integratedly, only bank turns Zhang record holds loan fact hard commonly. In evidence of civilian leasehold case, contract of receipt for a loan, loan is the directest evidence that proves bilateral existence is leasehold and acceptability, have more powerful proof force. Accordingly, principal part of civil law impact must enhance legal consciousness, undertaking when big fund is leasehold, turning Zhang while, still should form normative receipt for a loan, after producing issue in order to avoid, because of quote not do one's best suffers a loss.
Turn from date of public of small letter of riverside river balance
Group of new media of Guangxi tall courtyard makes
Everybody is looking
Your contribute, opinion and proposal, send here please: Gxgywx@163.com.
If like, nod please left the thumb below.
