Dispatch of net of mussel port court conceived far court to hear civilian leasehold issue one case recently, accuser Mu Mou asks the accused conceives limited company of Yuan Mou concrete, Yang Mou to repay its loan bears interest. Because crucial book card is in defendant firm department, accuser applies for to instruct the accused to submit relevant evidence in court of quote deadline introversion, the accused is occupied do not refer, explain the 112nd provision according to judicatory of our country code of civil law: "Book card is controlled in the the opposing party under, the party that assumes quote to prove responsibility is OK courtyard of civil code of written before quote deadline at the expiration of one's term of office applicant instructs a the opposing party to refer. Apply for reason to hold water, people court ought to instruct a the opposing party to refer, because submit the cost that book card place produces, by applicant burden. The the opposing party does not refer without warrant refus, the book card content that people court can maintain applicant place to advocate is true. " the court adjudicates the accused loses a lawsuit lawfully.
Specific fact passes as follows: The portion came in March 2013 during April, xiang Yuan of some concrete limited company accuses far county of the accused bosom Mu Mou loan, mu Mou is defendant company treasurer at that time, mu Mou is divided with the means of cash second stock company account 468 thousand yuan, both sides agreed monthly interest ceases at that time 3% , end on August 5, 2016, via bilateral settle accounts, the accused still owes Mu Mou interest 200 thousand yuan outstanding, classics both sides talks things over after, the accused conceives limited company of Yuan Mou concrete to was accuser Mu Mou to be issued afresh two pieces of IOUs are IOU of 500 thousand capital one piece among them, another piece is the IOU of 200 thousand yuan of accrual. The accused manages not to be pooh-poohed because of the company after, did not pay Mu Mou's loan capital and interest all the time. Accuser looks for the accused to ask for loan for many times all not if really. Because of accuser at that time stock loan defendant company account directly, the Zhang of defendant company makes clear account originally experience case loan and pay plaintiff interest relevant circumstance.
The accused in process of front courtyard careful conceives company of Yuan Mou concrete to rejoin weigh pair of loan not know the inside story. The accused Yang Mou (the accused conceives former legal representative of limited company of Yuan Mou concrete) argue says accuser loan gives a company is a fact, the company writes down book of enter an item in an account, as to how much to return, more or less to return remnant, look Zhang is checked originally.
The civilian leasehold behavior that forensic cognizance thinks accuser Mu Mou and the accused conceive limited company of Yuan Mou concrete fastens bilateral and true meaning to express, all lawful and effective, both sides should be pressed fulfill about. Accuser referred defendant company later period to change the receipt for a loan that occupy and bill of the interest that get to be card, the accused ought to repay accuser is corresponding loan principal and accrual. The accused conceives argue of limited company of Yuan Mou concrete to say to be opposite this loan not know the inside story. Although accuser is offerred evidence is Xerox, but in bosom of the accused of this academy requirement limited company of concrete of Yuan Mou commodity offers evidential original, the accused did not offer original to give inside the time limit that the court sets check, explain the 112nd provision according to judicatory of code of civil law of People's Republic of China, this academy says not to grant to collect a letter to the argue of the accused. About the accused Yang Mou, its issue the action of receipt for a loan, fasten functionary action, and accuser did not offer evidence to prove this loan turns into account of Yang Mou's individual, reason accuser asks Yang Mou assumes reimbursement responsibility appeal to beg a court not to grant to support. On put together, the court adjudicates the accused conceives countervail of limited company of Yuan Mou concrete to return accuser lawfully principal of Mu Mou loan reachs accrual 468 thousand yuan (it is base with loan principal, lead 2% computation by monthly interest, stop to actual and paid day since August 6, 2016) .
