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Chapter 265 Loan Contract Dispute (4)

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    ?

    Liu Chi said: "Do the plaintiff and the defendant have anything to add to the factual part?"

    Lin Ziyao and Huang Ying whispered a few words, and after asking Huang Ying's opinion, he said to Liu Chi: "The plaintiff has nothing to add."

    Cao Hui also said: "Nothing to add."

    "Then it will enter the stage of court debate. There is no need to repeat what has been said about the facts." Liu Chi said.

    Lin Ziyao said: "Dear presiding judge, Article 210 of the "Contract Law of the People's Republic of China" stipulates that a loan contract between natural persons becomes effective when the lender provides the loan. The defendant borrowed 1 million yuan from the plaintiff, and the plaintiff  According to the contract, the principal of 1 million was remitted to the designated account, and the loan obligation of the loan has been completed; after receiving the principal, the defendant has paid the interest in full for 8 consecutive months, and has never paid interest or repaid the principal.  Jin, has constituted a breach of contract. In June 2017, the plaintiff filed a lawsuit with the court. According to the law, the statute of limitations has been interrupted, and the plaintiff¡¯s creditor¡¯s rights are still protected by law. In summary, the facts of this case are clear and the evidence is sufficient. We request the court to support the plaintiff¡¯s  litigation claims."

    Cao Hui said: "Dear presiding judge, the plaintiff, Huang Ying, and her husband have no fixed occupations, and rely solely on professional lending for a living. The "Loan Contract" signed by the professional lender should be deemed invalid, and the court will not protect her creditor's rights. Based on this,  Request the court to dismiss all plaintiff's claims."

    Lin Ziyao said: "There are strict regulations on the identification of a professional money lender, and the defendant has no evidence to prove that the plaintiff is a professional money lender. According to the principle of "whoever makes the claim, he shall provide evidence", the defendant should bear the burden of proof for his claim."

    Cao Hui didn't answer the question. In fact, they had no evidence to prove that Huang Ying was a professional money lender, but they appeared in court to respond to the lawsuit. They must speak professionally.

    Cao Hui also knew in his heart that the facts of this case were indeed clear and the evidence was quite sufficient. Qin Pengfei would not be able to escape the lawsuit if he lost the lawsuit, but as a lawyer, he could not do nothing and could only face the difficulties.

    Liu Chi said: "Are the two parties willing to mediate?"

    ?The mediation plan Lin Ziyao had already discussed with Huang Ying before the court. She said: "The plaintiff agrees to mediation."

    Liu Chi: "Where is the defendant?"

    "The defendant also agreed to mediate." Cao Hui said.

    The effect of the court's mediation letter is the same as that of the judgment, and it can also be enforced. The difference is that when the mediation is over, the case is over, and neither party can appeal.

    Unless the circumstances stipulated in Article 201 of the "Civil Procedure Law of the People's Republic of China" occur, namely: "Where a party submits evidence to prove that the mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law in respect of a legally effective mediation agreement, it may  Apply for retrial. If it is verified by the people's court that it is true, it should be retried."

    The tie made Liu Chi feel suffocated, so he loosened his tie, as long as the two parties are willing to mediate, he hoped that the mediation withdrawal rate of his case would increase.

    For a judge, if a case can be settled through mediation, it is like winning the lottery; if a case can be concluded with withdrawal, it is like winning the first prize!

    Liu Chi first asked Huang Ying: "What is the plaintiff's mediation plan?"

    Lin Ziyao said: "The defendant will repay the principal of 1 million within 7 days, and the plaintiff will not continue to claim interest."

    Although some interest money has been lost, some concessions must be made to get the principal back quickly.

    Qin Pengfei frowned into a "Chuan" shape. She couldn't agree to Huang Ying's plan. Let alone he had no money, he wouldn't pay it back so happily if he had money. Anyway, all the properties under his name had been transferred.  Well, even if the court judges him to lose the lawsuit, he won't be able to enforce the property. At worst, he'll be an old man. He's a big man with rough skin and thick flesh, and he's afraid of losing face.

    Qin Pengfei whispered to Cao Hui for a moment.

    Cao Hui said: "The mediation plan proposed by the plaintiff may be difficult for the defendant."

    Nine out of ten debtors would say the same thing, and Liu Chi was no longer surprised. He asked calmly, "Then what is the defendant's plan?"

    Huang Ying stared at Qin Pengfei sullenly, but she wanted to see if Qin Pengfei's dog could spit out ivory.

    Qin Pengfei didn't want to pay back any money. He just wanted to procrastinate now. He scratched his head and said apologetically, "I've given all the money to Pan Yun. I really don't have any money."

    Qin Pengfei said to Huang Ying: "Eldest sister, otherwise I will collect 100,000 and return it to you first, and I will return the rest to you within half a year."

    Huang Ying sneered again and again. I have seen thick-skinned people before, but I have never seen Qin Pengfei so thick-skinned. Qin Pengfei is deceiving her as a fool. It is not the first day she has lent money to others. With Qin Pengfei's face, he feels  What do you think, what tricks can you play, Huang YingxinI know it well.

    Huang Ying is not a vegetarian either, she sneered coldly: "Who is your eldest sister, I am your mother."

    "You" Qin Pengfei patted the table.

    "Calm down." Cao Hui hurried to be a peacemaker.

    Qin Pengfei laughed back angrily, and said to Huang Ying, "Since it's mother and son, I don't think it's necessary to pay back the money."

    Now it was Huang Ying's turn to slap the table angrily.

    Lin Ziyao almost laughed, but he didn't expect this scoundrel Qin Pengfei to be quick-witted.

    Liu Chi touched his nose to hide his smile. Although it is wrong to think so, it is quite interesting to see the quarrel between the parties.

    "Your Honor, I absolutely cannot accept this plan, please judge the court as soon as possible!" Huang Ying was impatient, and directly called Liu Chi "Your Honor".

    Now it was Cao Hui and Lin Ziyao's turn to hold back their laughter.

    Liu Chi thought in his heart that in this case, the conditions for mediation between the plaintiff and the defendant are far apart, and it is basically impossible to mediate.

    Liu Chi cleared his throat and said, "Then I'll make a judgment directly. Today's court session will end here. You all go back and think about it carefully. If you can mediate, tell me as soon as possible."

    Lin Ziyao and Cao Hui nodded their heads.

    One month later, the verdicts of Huang Ying and Qin Pengfei came down.

    In the public office, Huang Ying read the entire verdict with a smile, and she was very satisfied with the verdict as requested. As for whether it can be implemented in place, it is a question of the next stage. For now, she has won a big victory.

    The more Huang Ying looked at Lin Ziyao, the more satisfied she became. She just admired Lin Ziyao's sharpness and crispness. Most importantly, Lin Ziyao was quite responsible, which made her feel that her lawyer's fees were worth it.

    However, according to the verdict, Qin Pengfei had to bear the legal fees, and Huang Ying was even happier.

    "Xiao Lin, not bad, not bad." Huang Ying praised with a smile in her tone.

    Being praised by the parties, Lin Ziyao felt very fulfilled.

    "Thank you sister Huang Ying, this is what I should do." Lin Ziyao said.

    Hearing what Lin Ziyao said, Huang Ying smiled even more.  (Remember the site URL: www.hlnovel.com
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