Authorized Agent: Li Xiufeng, lawyer of Shandong Binbo Law Firm.
Defendant: Dongying Tang Sheng Real Estate Co., Ltd.
Legal Representative: Nie Chunli, board chairman.
After accepting the case, plaintiff Guo Qingfeng and defendant Dongying Tang Sheng Real Estate Co., Ltd. formed a collegial panel in accordance with the law and held a public hearing. Li Xiufeng, the attorney of plaintiff Guo Qingfeng, attended the lawsuit in court. Defendant Dongying Tang Sheng Real Estate Co., Ltd. was legally summoned by our court and refused to attend the proceedings without justifiable reasons. The case was tried in absentia and the trial has now ended.
According to the original report, on July 28th, 20 12, the defendant borrowed 200,000 yuan from the plaintiff due to the shortage of operating funds, and the plaintiff entrusted Tian to transfer the money to the defendant through his account, and the defendant issued a loan receipt to the plaintiff. After repeated urging by the plaintiff, the defendant failed to repay. Request the court to order the defendant to repay the plaintiff's loan of 200,000 yuan and compensate the interest loss of 36,900 yuan from July 28th, 2065,438+02 to July 3rd, 2065,438+05; The litigation costs in this case shall be borne by the defendant.
The defendant Dongying Tang Sheng Real Estate Co., Ltd. did not reply.
It was found through trial that on July 28th, 20 12, the defendant Dongying Tang Sheng Real Estate Co., Ltd. borrowed 200,000 yuan from the plaintiff Guo Qingfeng due to the shortage of operating funds. On the same day, the plaintiff entrusted Tian to transfer 200,000 yuan to the defendant, and the defendant issued a receipt to the plaintiff, indicating: "payee:, reason for collection: Tian transferred 200,000 yuan for loan" and stamped with the special financial seal of the defendant company. The defendant has not repaid the above loan so far.
The above facts are confirmed according to the receipt, copy of account transaction details and court record submitted by the plaintiff.
We believe that legitimate lending relationships should be protected. The receipt and account transaction details submitted by the plaintiff can prove that there is a loan relationship between the plaintiff and the defendant Dongying Tang Sheng Real Estate Co., Ltd., which is legal and valid, and our court confirms it. The plaintiff claimed that the defendant repaid the loan principal of 200,000 yuan, which was supported by our court according to law. The plaintiff and the defendant did not agree on the loan interest and repayment period, so they did not support the plaintiff's claim for the defendant to compensate for its interest loss. Defendant Dongying Tang Sheng Real Estate Co., Ltd. refused to appear in court to participate in the litigation after being legally summoned by our court, which shall be regarded as giving up its corresponding litigation rights. According to Articles 90 and 108 of the General Principles of the Civil Law of People's Republic of China (PRC), Article 206 of the Contract Law of People's Republic of China (PRC), Article 25 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases and Article 144 of the Civil Procedure Law of People's Republic of China (PRC), the judgment is as follows:
1. Defendant Dongying Tang Sheng Real Estate Co., Ltd. repaid the plaintiff Guo Qingfeng's loan of 200,000 yuan within ten days from the effective date of this judgment;
Second, reject the plaintiff Guo Qingfeng's other claims.
If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).