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Chapter 349 Joint Debt of Husband and Wife (2)

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    ?

    It is not uncommon to have different understandings of the same legal provision.

    Lin Ziyao said: "In this case, Mr. Wang Tao did not use the loan of 500,000 yuan to live and operate with the defendant Ms. Ke Ji. This is the key to this case."

    Lu Yiming denied: "This is just the excuse of the defendant, Ms. Ke Ji. According to my client, Mr. Liu Wu, Mr. Wang Tao once stated to him that the purpose of the loan is to purchase real estate and improve his life."

    "This is not true." Lin Ziyao denied it succinctly.

    "I will mention the evidence and cross-examination stage." Lin Ziyao added that any defense in court needs to be supported by corresponding evidence.  On the contrary, if there is no evidence to support it, no matter how extravagant the defense is, it will not help.

    "Did the two sides supplement the facts?" Liu Bingxin asked.

    "No." Lin Ziyao and Lu Yiming said.

    Liu Bingxin asked: "Plaintiff, you claim that the defendant pays the interest at 2 cents per month. How long has the debtor Wang Tao paid the interest?"

    Liu Wu said: "I paid for half a year, that is, before he got into a car accident."

    Liu Bingxin nodded slightly, and then said: "Next, let's present and cross-examine evidence. The plaintiff will present evidence first."

    Lu Yiming said: "The plaintiff submitted the following evidence to the court: 1. The loan contract signed between the plaintiff Liu Wu and the debtor Wang Tao before his death proved that there was a creditor-debt relationship between the plaintiff Liu Wu and the debtor Wang Tao.  Liu Wu borrowed RMB 500,000, and the second contract stipulated that the interest on the loan was 2 cents per month, proving the creditor-debt relationship between the plaintiff and Wang Tao, and the third clause of the contract stipulated the money exchange accounts of both parties. 2. The transfer certificate,  It proves that Liu Wu, the plaintiff, has paid Wang Tao the loan principal of 500,000 yuan according to the contract; 3. The transaction flow proves that the debtor Wang Tao has paid interest for six months and has not paid interest since the accident.¡±

    Liu Bingxin asked Lin Ziyao: "Did the defendant receive the evidence list and copies before the trial?"

    Lin Ziyao replied: "I have received it."

    Paragraph 2 of Article 51 of the "Several Provisions of the Supreme People's Court Concerning Evidence in Civil Procedures" stipulates that if the people's court specifies a time limit for producing evidence, the case shall not be less than 15 days after the ordinary procedure of the first instance is applied, and the parties shall provide new evidence.  The second-instance case shall not be less than ten days.  Cases applying summary procedure shall not exceed 15 days, and the time limit for producing evidence in small claims cases shall generally not exceed 7 days.

    Both parties can not only produce evidence to prove their own litigation point of view within the time limit for producing evidence, but also provide counter-evidence to the evidence put forward by the other party.

    Presenting evidence within the stipulated time limit for presenting evidence is an important part of safeguarding one's own litigation rights.  Some parties deliberately concealed evidence, did not present evidence within the time limit for presenting evidence, and wanted to surprise the other party during the court session, but the result was not recognized by the court.

    In fact, it is a small loss that makes a big difference.

    Liu Bingxin said: "The defendant cross-examined the evidence submitted by the plaintiff."

    Lin Ziyao said: "The first evidence loan contract, the defendant asked to see the original."

    Article 61 of the "Several Provisions of the Supreme People's Court Concerning Evidence in Civil Procedures" stipulates: When cross-examining documentary evidence, physical evidence, and audio-visual materials, the parties shall produce the original or original evidence.

    Lu Yiming handed the original loan contract to Lin Ziyao.

    It is indeed the original, but Wang Tao has passed away, and neither Ke Ji nor Wang Tao's family knows whether the contract was signed by Wang Tao himself.

    Lin Ziyao said: "There are objections to the authenticity of the contract, and it is impossible to prove that this contract was signed by Wang Tao himself."

    Liu Wu's complexion changed, this Ke Ji wanted to have a death sentence.

    Lu Yiming pursed his lips helplessly. It seems that this case has been delayed.

    Liu Bingxin said to Lin Ziyao: "The plaintiff has presented the original evidence and has fulfilled the plaintiff's burden of proof. The defendant is now questioning whether the loan contract was not signed by Wang Tao himself, and whether he has filed an application for handwriting identification."

    Liu Bingxin added: "Because this case is a series of cases, in order to reduce the burden of litigation and improve the efficiency of litigation, did the defendant conduct handwriting identification on the loan contracts and IOUs in the eleven cases?"

    The time for handwriting identification depends on the difficulty of identification, ranging from one month to half a year to a year.

    ? It takes time to select an appraisal institution, entrust an appraisal institution, and obtain inspection materials from an appraisal institution.

    Because the loan contract and the IOU are the basic evidence in this case, if the defendant proposes to conduct handwriting identification of the signature of "Wang Tao" on the loan contract or the IOU, the case must wait for the conclusion of the handwriting identification before proceeding to trial.

    Litigation also has efficiency requirements, if eleven casesFor identification, for example, the work of extracting comparative test materials can be performed only once, which can greatly reduce the identification time.

    "Please give the defendant a few days to consider." Lin Ziyao said.

    There is an additional fee for handwriting identification.

    "Agreed. The defendant is given five days. If handwriting identification is required, a written application shall be submitted to the court within five days. If not submitted, the application shall be deemed abandoned, and the corresponding burden of proof shall be borne by the defendant." Liu Bingxin said.

    The trial could not continue, so Liu Bingxin could only announce an adjournment.

    Walking out of the court, Lu Yiming stopped Lin Ziyao.

    "Lawyer Lin, let's talk." Lu Yiming said to Lin Ziyao.

    Lin Ziyao hesitated for a while, but did not refuse.

    The two went to Star Papa Cafe not far from the court together.

    "In this case, can you convince your parties to accept these loan agreements? Handwriting identification is time-consuming and labor-intensive." Lu Yiming said.

    Lin Ziyao shook his head lightly, and refused politely: "Mr. Wang Tao has passed away. To be honest, this debt is like a mess. I can't tell whether it has been borrowed or not. This IOU  , Wang Tao's lover and parents have no way to confirm."

    The implication is that I am afraid that someone will fish in troubled waters.

    Now that Lu Yiming opened his mouth, Lin Ziyao also took advantage of the opportunity to throw out his bargaining chip, saying: "Ke Ji really doesn't know about the money Wang Tao borrowed before his death. Can the plaintiff not claim the joint debt of the husband and wife and use Mr. Wang Tao's personal property?"  make repayments."

    Lu Yiming twitched the corners of his mouth with a fake smile, thinking that Lin Ziyao was really naive, so he asked Lin Ziyao: "Do you think it is possible?"

    Several creditors with some means have already investigated Wang Tao, and they know very well that Wang Tao is an empty shell, and the property under his name is definitely not enough to repay all the debts.

    Seeing Lu Yiming's inexplicable and contemptuous attitude towards him, Lin Ziyao felt an unknown fire in his heart.

    "Then we can't talk about it." Lin Ziyao said.

    Lu Yiming leaned his body on the sofa, and completely lost the posture of wanting to continue negotiating with Lin Ziyao.  (Remember the site URL: www.hlnovel.com
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