?
"Still " word two pronunciation, drag in 300 thousand
? Have because of be being written on receipt " surplus still money " , the good friend litigates, the courtyard just uses the instrument that measure a lie.
Leasehold case of a folk, core is a piece of receipt. From the case look, the most crucial on receipt is 4 words -- " surplus still money " .
The friend with good Chinese will read, it is after all " still (Hai) remnant - more than " , or " still (money of Huan)- the rest " , before one means has not been paid off more than times, hind a means has remanded more than times.
The case involves amount tremendous, still be between two good friends. For this lawsuit, the judge of people court did investigation to work, used the instrument that measure a lie. Rehear of lawsuit classics first instance, sentenced recently come down, details of a case is real ruminate.
Accuser Ms. Liu and acquaintance of gentleman of the accused river are old, there often is capital contact on the business.
Ms. Liu says, in December 2013, mr Jiang says place of replenish onr's stock needs to her loan 250 thousand yuan, bilateral agreement borrows period a year. The loan after a year expires, river did not press restrict reimbursement. New reimbursement agreement is reached after both sides talks things over, conventional river remands before January 20, 2016 principal of Ms. Liu borrow or lend money 250 thousand yuan, pay accrual 50 thousand yuan. Arrived January, river did not return money. Arrive all the time in April, river cent pen returned 30 thousand yuan, later for many times dun is not had if really, must accuse him so.
When open a court session, case scenario inverts greatly. Gentleman of the accused river says, loan had been paid off, accuser gave receipt to him. Because the receipt for a loan at that time did not become invalid in time,accuser is sued now is, it is false suit, the core evidence that he presents is a piece of receipt.
"Still (Hai) remnant - more than " , or " still (money of Huan)- the rest "
Receipt submit a written statement to a higher authority " receive remit money of Jiang Mou bank to be rectified 10 thousand yuan three today. Two of surplus still money is rectified 10 thousand yuan. Debt is paid off. Debt is paid off..
Ms. Liu says, either such, do not have on receipt at that time " debt is paid off " the key is, those who receive fund is Liu, but however Mr Jiang writes receipt. Ms. Liu says, mr Jiang has written her to had been received at that time in light of, hum, "Still (Hai) remnant - more than " , the meaning is received namely 30 thousand, still beyond 270 thousand, very clear, sure. She signs stamp.
Ms. Liu says, those words are added later from the back. But, because Mr Jiang writes receipt, whether cannot add a written language certainly so through handwriting appraisal.
Mr Jiang says, it is on receipt " still (Huan)- surplus money " , means I already more than the paragraph was paid off.
The judge raises question, since means is paid off entirely, why the article meaning cent of receipt is two cut, write first 30 thousand, write again 270 thousand.
Mr Jiang says, the circumstance is such, I am passed that day morning turn Zhang remands 30 thousand yuan, the court goes up to accuse me if if do not pay off all loan today,Ms. Liu says. Accordingly, I go temporarily midday small finance company borrowed 270 thousand yuan to come to him.
The judge asks again, are 270 thousand yuan to use ready money?
River explanation says, because small finance company is put borrowing is to should mention expressly of utility, what I write is the company is used, that cannot turn directly Zhang gave Liu the lady, so I am forced to carry cash to give her.
Mr Jiang is returned issued small finance company about 270 thousand yuan put lend an evidence. Look like everything to do not have illness.
To make clear the truth, the judge used the instrument that measure a lie. After the event, ms. Liu says, hear Mr Jiang on front courtyard this say decline, she breaks down nearly.
Small finance company says, it is to this is put borrow. But, judge discovery, mr Jiang and this small come-and-go of finance company capital is very frequent. Small finance company says, put actually borrow can call account of the 3rd person, not so strict. This that is to say is small borrowing a company to want to play a lady giving Liu directly also is feasible.
Additional, the judge discovers a doubtful point again, put loan the next day, mr Jiang returned 270 thousand yuan to give small lend a company.
To pay detail, it is the place that the judge in civilian leasehold lawsuit pays attention to investigation quite all the time. Mr Jiang says, 270 thousand cash is he makes an appointment with outer head with Ms. Liu afternoon of present complete a business transaction. Ms. Liu says, oneself is decorating a building, she is arranged in bridal chamber all the time that day afternoon decorate matters concerned, till the left and right sides left at 5 o'clock, meantime had not met with Mr Jiang at all. The judge called up 3 of that day to decorate coolie. Coolie says, the house decorates detail very complex, ms. Liu is in midday of that the world to be communicated with them all the time, had not left.
Right now, the feeling is not taken give evidence hold back is worn at a heat Ms. Liu puts forward to measure a lie, mr Jiang refuses readily.
Ms. Liu measures a lie alone, the conclusion that measure a lie " reliability is higher " .
At this moment, mr Jiang states he also agrees to measure a lie.
Bilateral party goes to institute of judicatory of criminal of university of Hua Dongzheng law psychological test room accepts the appraisal that measure a lie. Finally, opinion of the analysis that measure a lie thinks, the allegation reliability of Ms. Liu is higher.
2 careful adjudicate that day
The accused is one-time pay off 300 thousand
The court undertakes the judge says, this case shows without direct evidence whose view is truer. But, receipt place carries content to have different meanings, the evidence that writtens guarantee lawful courtyard attune is taken, both sides trades the integration analysis such as result of the habit, appraisal that measure a lie, below the case that did not provide other evidence to confirm further in Jiang Mou, cannot maintain Jiang Mou to already returned surplus money 270 thousand yuan.
The court sentences your river gentleman to ought to remand accuser loan principal and interest, mr Jiang refuses to obey court decision, appeal. This year August, court decision of 2 careful court maintains original judgement. 2 adjudgement are the same as day definitely, mr Jiang contacts Ms. Liu actively, instantly liquidate total loan principal and interest more than yuan 30.
Each netizen, what view do you have to this thing? Welcome a criticism.
