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Chapter 264 Loan Contract Dispute (3)

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    Cao Hui said: "Dear presiding judge, I represent the defendant Qin Pengfei in the defense. 1. The loan of 1 million yuan was remitted to Pan Yun's account, but the defendant Qin Pengfei did not receive it, and requested that Pan Yun be included as a co-defendant in the lawsuit; 2.  The statute of limitations stipulated in the Procedural Law is 2 years. This case has exceeded the statute of limitations of two years. The plaintiff's creditor's rights are natural creditor's rights and are not protected by law; 3. The plaintiff Huang Ying is a professional moneylender, and her creditor's rights should not be protected by law  ; To sum up, we request the court to dismiss all the plaintiff¡¯s claims.¡±

    Lin Ziyao immediately interfaced: "Presiding judge, the plaintiff has added something to the defendant's defense."

    Huang Ying was very satisfied with Lin Ziyao's alertness, and nodded slightly.

    Liu Chi said, "I agree."

    Lin Ziyao said: "1. I do not agree to list Pan Yun as a co-defendant in this case. The plaintiff's remittance of 1 million yuan to Pan Yun's account was clearly agreed in the loan contract between the plaintiff, Ms. Huang Ying, and the defendant, Mr. Qin Pengfei.  It is not inappropriate for the defendant to be the only defendant in this case. According to the principle of privity of contract, Pan Yun, who is not involved in the case, should be listed as a co-defendant.  The other party to the contract can make a claim based on the contract, but cannot make a contractual claim to a third party who has no contractual relationship with it.); In addition, after September 2015, the defendant Mr. Qin Pengfei has continued to pay interest to the plaintiff, if  Why does the defendant have to pay interest without receiving the principal? This is obviously unreasonable, so the defendant has obviously received the principal. 2. The defendant filed a lawsuit with the court in June 2017.  "Article 135 stipulates that the limitation period for applying to the people's court for the protection of civil rights shall be two years, unless otherwise stipulated by law.  Article 2 stipulates that if one of the parties submits a complaint or an oral complaint to the people's court, the statute of limitations shall be suspended from the date of submission of the complaint or oral complaint. Therefore, in June 2017, the calculation of the statute of limitations for this case has been restarted, so this case  Since the statute of limitations has not expired, the claim of the plaintiff Huang Ying should still be protected by law and is not a natural claim; 3. The plaintiff Huang Ying is not a professional money lender, if the defendant argues that the plaintiff is a professional money lender, it should bear the burden of proof.¡±

    Cao Hui said: "Presiding judge, after the plaintiff filed a lawsuit with the court in June 2017, the plaintiff did not pay the litigation fee within the stipulated time, so it cannot be regarded as an interruption of the statute of limitations."

    Lin Ziyao: "In June 2017, after the plaintiff filed a lawsuit with the court, the defendant approached the plaintiff and expressed his willingness to mediate and partially repay the money. In order not to waste judicial resources, the plaintiff withdrew the lawsuit. The court exercises judicial power on behalf of the country in accordance with the law, so  , as long as a party files a lawsuit in the people's court, it means claiming rights against the other party, and the statute of limitations will be terminated immediately. Filing a lawsuit in a court is the statutory reason for the suspension of the statute of limitations, and it will not be changed by whether a trial is held or a substantive judgment is made."

    There was a brief silence in the courtroom.

    Both the plaintiff and the defendant have nothing to say.

    Liu Chi closely controlled the progress of the trial. He said: "The next step is to enter the stage of presenting evidence and cross-examination. The plaintiff will present evidence first."

    Lin Ziyao said: "The plaintiff submitted the following pieces of evidence to the court: 1. The loan contract between the plaintiff and the defendant, which proves the loan relationship between the plaintiff and the defendant; 2. The transfer certificate, which proves that the plaintiff has fulfilled the obligation to pay the principal;  3. The transaction flow of the defendant¡¯s monthly interest payment to the plaintiff, which proves that the defendant has not paid interest to the plaintiff since September 2015 to May 2016; 4. The case acceptance notice, which proves that the plaintiff has  File a lawsuit with the court, and the time effect of this case will be calculated from 2017; 5. Invoices for attorney fees in this case, which prove the plaintiff¡¯s fees for hiring a lawyer to realize the creditor¡¯s rights; 6. Transportation fee receipts, invoices, etc., to prove the transportation expenses spent by the plaintiff to realize the creditor¡¯s rights.¡±

    Liu Chi said: "The defendant cross-examined the evidence."

    Cao Hui said: "The defendant has no objection to the authenticity of the first evidence "loan contract" and the second evidence "bank transfer certificate", but the loan is actually remitted to the account of Pan Yun, who is not involved in the case.  He is a co-defendant; he has no objection to the authenticity of the third piece of evidence "Certificate of Interest Flows" and the object of proof; he has no objection to the authenticity of the fourth piece of evidence "Notice of Case Acceptance", but the object of proof has objections, and the defendant has not paid the litigation fee.  The case is handled as a withdrawal of the lawsuit, which cannot be used as the basis for the interruption of the statute of limitations; there is no objection to the authenticity of the fifth evidence "lawyer's fee invoice", but there is objection to the object of proof, and the lawyer's fee is too high, and the court is requested to adjust it according to law; the sixth  There are objections to the authenticity of the evidence "traffic fee receipts, invoices, etc.", which are not formal invoices and cannot prove the plaintiff's transportation expenses, and the title of the invoice does not contain the name of the plaintiff, Ms. Huang Ying, so it cannot be recognized that the plaintiff's transportation expenses were caused by the realization of the creditor's rights.  Moreover, both the plaintiff and the defendant are domiciled in this city, and the exchange of 5,000 yuanThe fee is obviously too high, and the court is requested to adjust it.  "

    Liu Chi asked: "What does the plaintiff think should be the right amount of attorney's fees and transportation expenses?"

    Cao Hui: "Attorney's fee 3000, transportation fee 500."

    Huang Ying, who was sitting on the plaintiff's table, sneered. If she hadn't looked at the interest of 2 cents, how could she have lent the money to Qin Pengfei? Who knew that she picked sesame seeds and lost watermelon, and she was greedy for Qin Pengfei's 20,000 per month.  The interest, but Qin Pengfei saw it as her 1 million principal.

    Lin Ziyao said: "The lawyer's fees are collected according to the lawyer's fee regulations, and there is nothing wrong with it. I disagree with the adjustment. In terms of transportation expenses, the defendant has been hiding from the plaintiff. Although they are all in Huaihai, the plaintiff does not know where the defendant is hiding.  Therefore, it is reasonable to search back and forth repeatedly, and the transportation costs are high."

    Huang Ying nodded slightly. She was very satisfied with Lin Ziyao's style, but she wanted to keep Qin Pengfei from being arrogant.

    Liu Chi gave a soft "hmm" and said, "The defendant presents evidence."

    Cao Hui was a little embarrassed, he said: "The defendant has no evidence to submit to the court."

    Huang Ying showed a satisfied smile. It was a certainty that Qin Pengfei owed money, so what face did he have to refute it with evidence; he should have admitted it honestly, but he hired a lawyer to speak eloquently in court all morning.

    Qin Pengfei's skin was thicker than the city wall, and Huang Ying gave Qin Pengfei and Cao Hui an undisguised look.

    Cao Hui just pretended he didn't see it, and he didn't borrow the money. How could Huang Ying's anger get on him.  (Remember the site URL: www.hlnovel.com
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