Trial Chamber: Weifang Intermediate People's Court, Shandong Province.
Case number: (20 17) No.3064, Lu 07 Minzhong.
Appellant (plaintiff in the original trial): Wang Xuecheng, male,1born on October 24th, 1965, Han nationality, employee of Qingdao Lisan Group Co., Ltd., now living in Chengyang District, Qingdao.
Appellee (defendant in the original trial): Wang, male,/kloc-0, born on February 6, 983, Han nationality, unemployed, living in Linqu County.
Authorized Agent: Wang Shanling, lawyer of Shandong Hanwen Law Firm.
Authorized Agent: Meng Qiang, lawyer of Shandong Hanwen Law Firm.
The third person in the original trial: Zhang Wei, male,1born on February 7, 1984, Han nationality, employee of Qingdao Lisan Group Co., Ltd., living in Chengyang District, Qingdao.
The appellant appealed to our court for refusing to accept the civil judgment of Shandong Linqu County People's Court (20 16) No.0724 and having a civil loan dispute with the third party in the original trial. This case was put on file in our hospital on April 20 17 and 18, and a collegial panel was formed to hear it according to law. The case has now been closed.
Appellant's appeal: annul (20 16) the civil judgment of Minchu Lu No.0724, and order the appellee Wang to repay the loan of 350,000 yuan and pay interest at the bank's interest rate for the same period; The litigation expenses of the first and second instance shall be borne by the appellee Wang. Facts and reasons: The loan contract between the Appellant and the Appellee Wang is legal and valid, and the Appellee has fulfilled the loan obligation, so the Appellee Wang should return the loan involved. After reasoning, the court of first instance found that the relevant behavior was unreasonable and rejected the appellant's claim, which violated the principle of taking facts as the basis and taking law as the criterion.
The defendant in the first instance argued that
The appellee Wang argued that the court of first instance found that the facts were clear and the applicable law was correct, and requested to dismiss the appeal and uphold the original judgment.
Zhang Wei, the third person in the original trial, expressed support for the appellant's appeal request.
Sue to the court of first instance: the defendant Wang repaid the loan of 350,000 yuan and paid interest at the bank's interest rate for the same period.
The court of first instance held that
The court of first instance found that the plaintiff was an engineer of Qingdao Group Co., Ltd., the defendant Wang was the manager of the technical center of Qingdao Group Co., Ltd., and the plaintiff was the superior leader of the defendant Wang. The third person, Zhang Wei, is the financial cashier of Qingdao Lisan Group Co., Ltd. .. 20 1 1 On September 28th, the third person, Zhang Wei, from Qu Guofeng's account in Huaxia Bank (12××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× 20 1 1 year1October 3, the third person Zhang Wei transferred RMB 3 million from the above account to the plaintiff's bank account. On the same day, a third person, Zhang Wei, transferred 1 10,000 yuan from the plaintiff's above account in Huaxia Bank to the defendant Wang's account for three times. On the same day, the third person, Zhang Wei, transferred 6,543,800 yuan (200,000 yuan, 350,000 yuan and 450,000 yuan) from the plaintiff's account to Gu's account. On the same day, the defendant Wang withdrew 6,543,800 yuan from Huaxia Bank Qingdao Chengyang Sub-branch. 20 12, 1 1, the defendant Wang resigned.
It was also found that in the case of Qingdao Chengyang District People's Court (20 13)No. 1008, the court found through trial that Qingdao Group Co., Ltd. handled deposits in the form of white bars in personnel management. After trial, our court held that the teacher advocated repayment of the loan, but only submitted the loan receipt, and there was no evidence to prove that the defendant had received the loan. Considering the situation that Qingdao Group Co., Ltd. handled the deposit in the form of IOUs and the superior-subordinate relationship between the original defendant and the defendant, the evidence submitted by Shi was not enough to prove that it had reached a loan agreement with him, which did not support Shi's claim to return the loan and interest, and the judgment rejected Shi's claim.
Plaintiff Wang Xuecheng submitted the following evidence to prove the loan relationship between the original defendant and the defendant: 1, 201,10, and the debit note recorded that "I borrowed 350,000.00 yuan in cash for personal emergency". (Stock trading) Native place: No.63 Guangrao Village, Meng Jia, Yangshan Town, Linqu County, Shandong Province Address: No.63 Guangrao Village, Meng Jia, Yangshan Town, Linqu County, Shandong Province. ID number: 370724198302062071borrower: date of king: 201.10.03 "; A personal transfer voucher of RMB 350,000.00 Yuan, which was withdrawn by the defendant on October 3rd, 2065, from the plaintiff's account to the defendant's account, proved that the loan relationship between the two parties was legal and valid, and the plaintiff paid the defendant cash by bank transfer. A certificate of Qingdao Lisanzhong Demei Water Equipment Co., Ltd. on April 9, 20 15, which proves that the plaintiff Wang Xuecheng withdrew 3 million yuan from the company; One copy of Qu Guofeng's certificate on August 7th, 20 15, and one copy of Zhang Wei's certificate on February 6th, 20 14+65438; On September 28th, 20 1 1, Qu Guofeng's account was transferred to Zhang Wei's account of the third party, and Huaxia Bank's personal transfer voucher, on September 28th, 20 1 1/,was transferred to the plaintiff's account, and Huaxia Bank's personal transfer voucher, which proved that Qu Guofeng entrusted Zhang Wei, the third party, to repay the plaintiff's loan of 300,000 yuan. 3.2065438+01September 28th, Qingdao Group Co., Ltd. issued a notice about the serious problems of hotel insulation materials, saying that the company leaders had recently received a report from others that there were serious problems with the hotel insulation materials under the responsibility of Wang, the person in charge of the hotel insulation project, and his father-in-law, but Wang himself denied it and needed further investigation. After investigation by the case-handling personnel, the problem that Wang was reported by others is tentatively as follows: (1) If Wang feels that he has no problem, he can voluntarily pay a deposit of 500- 1 10,000 yuan to guarantee it; (2) If the deposit is not paid and there is no commitment, the inspection shall be suspended immediately; (3) The above decision is provisional and needs further verification. After verification, the final treatment will be made according to the situation; 201110 On March 3, Qingdao Lisan Group Co., Ltd. issued a receipt stub of 550,000 yuan for hotel insulation materials deposit; 201210/On October 22nd, Qingdao Lisan Group Co., Ltd. issued a notice about the serious problems in hotel insulation materials and the delay in construction period. This circular records the circular on September 28th, 201/2008 about the serious problems of hotel insulation materials under the responsibility of Wang and his father-in-law. After further investigation, no evidence of Wang's bribery was found, but there were problems such as high price and serious impact on the construction period. Finally, the following measures are taken: (1) Wang is responsible for the high price loss of 20,000 yuan of thermal insulation materials and the serious delay of the project; (2) Refund the deposit of hotel insulation materials paid by Wang himself on 20110.03, amounting to 550,000 yuan; (3) Wang Wei wrote a written inspection, guarantee, plan and commitment. The above evidence proves that the defendant borrowed money from the plaintiff and paid the deposit, which was returned by Qingdao Lisan Group Co., Ltd.; 4.2.2065438+010/October 3, two IOUs with loan amounts of 450,000 yuan and 200,000 yuan respectively, which prove that the loan is true.
The defendant Wang's cross-examination opinion on the above-mentioned evidence provided by the plaintiff is 1, and he has no objection to the authenticity of the iou provided by the plaintiff, the personal transfer voucher of 201and the personal withdrawal voucher of 201,but has no objection to the purpose of proof. 2. The certificate of Qingdao Lisanzhong Demei Water Equipment Co., Ltd. on April 9, 20 15. First, the seal is a financial seal and an illegal seal, which cannot explain the fact that the plaintiff Wang Xuecheng deposited 3 million yuan in his company, and should provide considerable bank contacts and relevant legal documents; Qu Guofeng's testimony does not conform to the form of evidence, and the witness should testify in court and accept questions; The certificate issued by the third person, Zhang Wei, is untrue and objective. Zhang Wei himself is the third person in this case, and his witness testimony has no testimony effect; Transfer vouchers dated June 3, 20 1 1, 201/year, handled by Zhang Wei, the third party, and the plaintiff Wang Xuecheng shall provide legal sources of funds and legal tax payment certificates; 3.2011110 The defendant didn't know about this notice, and the defendant didn't pay a deposit of 550,000 yuan. For the notification 201110,4 on September 28th. The IOUs of 20 1 10 with loan amounts of 450,000 yuan and 200,000 yuan were written by the defendant himself according to the unified format of the company.
The third party Zhang Wei's cross-examination opinion on the above-mentioned evidence provided by the plaintiff: 1. There is no objection to the authenticity of the transfer voucher of RMB 350,000 from the plaintiff's account to the defendant's account provided by the plaintiff, and the formation of the debit note and the withdrawal voucher of RMB 350,000 is unclear; 2. There is no objection to the testimony of Qu Guofeng provided by the plaintiff, the testimony of the third party Zhang Wei and the personal transfer voucher of 20 1 10+03+00; 3. It is unclear about the circulars of 20 1 1 on September 28th and 20 1 10 on September 22nd. The third party is only responsible for bank-related business, and the specific method of hotel deposit refund is not clear.
The defendant Wang proved that there was no real loan relationship between the original and the defendant. Provide the following evidence: 1, in the case of (20 14) Lin Min Chong Zi No.8, the plaintiff Wang Xuecheng Huaxia Bank deposited the historical detailed account 2066 from September 8, 2065438 to September 7, 2065438. Detailed inquiry of financial transactions (including counterparty information), which proves that the plaintiff's account received 1 1 ten thousand yuan in the past month, and all transactions were completed by Zhang Wei, a third party; 20 1 1 year 1 year was transferred from the plaintiff's account to Gu and Ming 1 ten thousand yuan respectively to fulfill the deposit requirements of Qingdao Group Co., Ltd.; 2. The plaintiff, as the representative of Qingdao Group Co., Ltd., signed a management contract for company management cadres and two contracts of 20 12 1 with the defendant Wang on 201. Provide a copy of the defendant's computer attendance sheet and temporary residence permit, which prove that the contract signed by the defendant Wang as a middle-level cadre of Qingdao Group Co., Ltd. and Qingdao Group Co., Ltd. has a management relationship with the defendant, and the supplementary agreement stipulates that the defendant Wang voluntarily pays RMB 2 million as a performance bond. 3. 201110/0/0, a Supplementary Agreement on Management Contract for Management Cadres, which stipulated that the defendant Wang would voluntarily pay RMB100000 yuan as the performance bond; 4.2. Qingdao Chengyang District People's Court (20 15) No.2928 civil ruling, which proves that Qingdao Group Co., Ltd. v. Wang has a labor relationship with Wang, and the money involved occurred during the labor relationship between the two parties, and the loan was not accepted by the people's court, so the claim of Qingdao Group Co., Ltd. was rejected according to law; 5. Qingdao Chengyang District People's Court (20 13)No. 1008 civil judgment, which found that Qingdao Lisan Group Co., Ltd. handled the deposit in the form of white bars in personnel management and rejected the plaintiff's claim in this case; 6. A copy of the Notice on the Form of Deposit Payment dated August 1 17, 2065438, which records the writing requirements of deposit IOUs (3) If the amount of deposit IOUs is more than150,000 yuan, it must be indicated on the IOUs (stock trading/equity participation/house purchase/car purchase); 2. The time limit for deposit to the bank requires deposit to the bank, and the finance department shall complete it the next day after receiving it, but the longest time shall not exceed 3 days "; 201March 6, 2002, a copy of Notice on the Form of Deposit Payment, which states that "from March1February, the borrower who has gone through the formalities of paying the backbone deposit by the deposit manager can only be the senior leader designated by the company"; 7. 20 1 1 copy of the minutes of the meeting of the standing Committee of Qingdao group co., ltd on September 26th, in which two pages, item 2 of article 4, recorded that "the work arrangement of performance bond payment for middle and senior cadres should be handled within this week", and item 3 recorded that "all management cadres wrote their understanding of the above issues in connection with the case of Shi and Liang Yanhua", while the defendant believed that Shi's case was the Chengyang District People's Court of Qingdao. Qingdao Chengyang District People's Court (20 13) Cheng Min Chu ZiNo. 1008, an iou about the case of Shi Yi, which allegedly said: "The loan is RMB 80,000 Yuan only (in words). Native place: * * Village, Tancheng Town, Tancheng County, Shandong Province Address: No.700, Changcheng Road, Chengyang District, Qingdao City, Shandong Province 4 households ID number: 37132219841kloc-0/96965438 Borrower: Xianlong Li Zao. 9.2. A copy of the civil judgment (20 15) No.88 of Chengminchuzi of Qingdao Chengyang District People's Court and a copy of the civil ruling (20 15) No.89 of Chengminchuzi of Qingdao Chengyang District People's Court, which prove the fact that employees of Qingdao Lisan Group Co., Ltd. issued IOUs to the company to pay the deposit. All employees wrote IOUs according to the company's unified style. 10, fileNo. 1008 of Chengyang District People's Court of Qingdao (20 13), page 39 of the deposit handling approval form and page 33 of the deposit payment list. The borrower and the borrower are recorded in the deposit handling approval form, and the reason for handling is the performance bond of cadres, amounting to 1 10,000 yuan, and the middle-level bank handling is recorded in the lower right corner. The evidence also confirmed the fact that Qingdao Lisan Group Co., Ltd. handled deposits for employees through bank transfer; The deposit payment list shows that the employees of Qingdao Lisan Group pay the deposit, and the amount paid varies according to different positions; 1 1, 20 1 1 A copy of the loan procedures for the borrower to bear the losses in the form of a work bond. On May 6, the bill paying the deposit stipulated the writing format of the loan bill and the number of loan procedures. 1 set of procedures 654.38+10,000 yuan and below, two sets of procedures 654.38+10,000 yuan and below 300,000 yuan, three sets of procedures 300,000 yuan and below 500,000 yuan. More than 500,000 people communicate the same procedures, and each set of IOUs is written in different formats. Sample III of IOU format is: IOU I borrowed cash for personal emergency ￥