Commentate the law sees issue
"You must be gotten today return 9200 yuan of money that owe me I, otherwise I call a court to detain you " , "I had returned 14000 yuan of money you, your don't imagine that is possible wants one minute again " . One party one is assured and bold with justice, other one party also is justice one's words, both sides is contended for so that be flushed, each other does not let in the court.
This is case of typical civilian leasehold dispute, via judge inquiry, sun Mou and Pang Mou live with the village, on April 7, 2010, the accused Pang Mou managed borrow or lend money from accuser Sun Mou respectively on December 10, 2010 5000 yuan mix 9000 yuan, issue a receipt for a loan each to accuser that day at loan respectively, among them both sides of 5000 yuan receipt for a loan agrees monthly interest leads 2 minutes, although both sides of 9000 yuan receipt for a loan did not agree accrual, but assure by Li Mou. In June 2016, some countervail of the accused Pang is reductive accuse Sun Mou 14000 yuan, accuser is the accused to issue a receipt, but both sides did not make clear what the accused repays is which brushstroke loan.
December 2017 portion, sun Mou asks again Pang Mou refund, pang Mou has repaid entirely with loan end for, reject to pay. Both sides censures each other for this, then mutual fling abuses, roughhouse even. This case early or late classics village appoint place of meeting, judicatory is mediated not if really. But, both sides makes an appointment sweet hill court, requirement court gives judge.
Face a judge, both sides sticks to his argument, what Sun Mou thinks Pang Mou repays is brushstroke principal of 9000 yuan of loan and another partial interest of 5000 yuan of loan, pang Mou still defaults loan principal and interest now 9200 yuan of {5000 yuan + [(5000 yuan of × 0.02 yuan of × 74 months) , (14000 yuan - 9000 yuan) ] + 5000 yuan of × 0.02 yuan of × 18 months} . Pang Mou thought to had paid off two loan principal of Sun Mou, do not answer to pay interest separately again. The judge lets bilateral opinion, guide them to examine top people court about applicable " contract law of People's Republic of China " the explanation of a certain number of problems (2) the 20th, the 21st relevant provision, give both sides patiently to explain the order of pay off of much pen debt, listen to a judge to explain, bilateral ability understands debtor to pay can't the circumstance of the much pen debt that its owe to same creditor issues pay off, should preferential repay the debt that already expired; A few debt all expire, should preferential repay less to creditor lack assures or assuring debt; Assure amount is same, the debt with heavier burden of preferential take out.
Via judge computation, pang Mou still should give Fu Sun some money 7400 yuan of {9000 yuan, [14000 yuan, (5000 yuan of × 0.02 yuan of × 74 months) ] } . Both sides is approbated to owing amount to all give, pang Mou expresses to come home to repay on the spot 7400 yuan of debt, both sides sets foot on the way home willingly.
Contributor: Tong Lei
