Announcement of Pinghe Court's Judgment on Private Lending Cases People's courts will publicly announce judgments on cases tried in public or not. The announcement of Pinghe Court's judgment on private lending can be inquired in the local court, on its court website, and through the national China Judgment Document Network.
Legal basis: Civil Procedure Law
Article 148 The people's court shall pronounce a judgment in public on cases that are tried in public or not.
If the sentence is pronounced in court, it shall be transmitted within ten days; If the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced.
When sentencing, the parties must be informed of the right of appeal, the time limit for appeal and the court of appeal.
When a divorce judgment is pronounced, the parties concerned must be informed that they may not get married separately before the judgment becomes legally effective.
Pinghe court's judgment on private lending Ye v. Ye Yudong's private lending case, Pinghe County People's Court of Fujian Province.
civil judgment
(20 16) Min 0628 Early Republic of China 1376
Plaintiff Ye, male, born on1October1960+1day, Han nationality, lives in Pinghe County.
Defendant Ye Yudong, male,1born on July 2, 977, Han nationality, farmer, living in Pinghe County.
Ye Yudong, the plaintiff, and Ye Yudong, the defendant, filed a case in our hospital on July 65438+6, 2006, and the summary procedure was applied in public hearing according to law. Ye, the plaintiff, attended the lawsuit in court, but Ye Yudong, the defendant, was summoned by our court but did not attend the court. The case has now been closed.
Ye, the plaintiff, filed a lawsuit in our court, ordering Ye Yudong, the defendant, to repay the loan principal of 70,000 yuan and pay the interest calculated at the monthly interest rate of 2% from April 20, 2006 to the date of paying off the loan.
Facts and reasons: Defendant Ye Yudong borrowed 70,000 yuan from Plaintiff Ye on April 15, 2005, and has not paid it back yet. The two sides agreed that the monthly interest rate of the loan is 2%. On May 5, 20 16, the defendant Ye Yudong paid the plaintiff Ye the interest of RMB16,800 from April 2, 2065,438+April 2, 2006.
The defendant Ye Yudong did not reply.
The facts ascertained by our court through trial are as follows: 20 15, 12 On April 2, the defendant Ye Yudong issued an iou to borrow RMB 70,000 from the plaintiff, and both parties agreed that the monthly interest rate of the loan was 2%. On May 5, 20 16, the defendant Ye Yudong paid interest to the plaintiff Ye 16800 yuan.
We believe that the plaintiff Ye Caizhao sued the defendant Ye Yudong to repay the loan principal of 70,000 yuan, and paid the interest calculated at 2% per month from April 20, 200613 to the date of paying off the money, as evidenced by the iou issued by the defendant Ye Yudong provided by the plaintiff. The facts are clear and the evidence is sufficient, which should be supported. The defendant Ye Yudong, summoned by our court, refused to appear in court to participate in the proceedings without justifiable reasons, which was regarded as a waiver of litigation rights, and our court tried in absentia according to law. According to Articles 210 and 211 of the Contract Law of People's Republic of China (PRC), Paragraph 1 of Article 29 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws 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:
The defendant Ye Yudong shall repay the plaintiff Ye's loan of 70,000 yuan within 10 days after this judgment comes into effect, and pay the interest calculated at the monthly interest rate of 2% from April 20 16 to the date of payment settlement.
The case acceptance fee is 1584 yuan, and 792 yuan is charged at half, which shall be borne by the defendant Ye Yudong.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other party or representative, and appeal to Zhangzhou Intermediate People's Court.
Judge Lu Haibin
201August 9, 6
Clerk Ruan
Attached with relevant laws and regulations:
Contract law of the people's Republic of China
Article 210 A loan contract between natural persons shall take effect when the lender provides the loan.
Article 211 If the loan contract between natural persons does not stipulate or clearly stipulates the payment of interest, it shall be deemed as non-payment. If the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Twenty-ninth borrowers and lenders have agreed on overdue interest rates, which shall be implemented in accordance with the agreement, but the annual interest rate shall not exceed 24%.
If the overdue interest rate is not agreed or clearly agreed, the people's court may handle it according to different circumstances:
(1) The lender claims that the borrower should pay the interest during the period of capital occupation at the annual interest rate of 6% from the date of overdue repayment, and the people's court should support it because the interest rate during the loan period has not been agreed;
(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment.
People's Republic of China (PRC) Civil Procedure Law
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Execution prompt:
Article 239 The time limit for applying for execution is two years. The application for suspension and interruption of the limitation of execution shall be governed by the provisions of the Law on Suspension and Interruption of Limitation of Action.
The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.
How will the court judge you about private lending? In private lending disputes, it is not enough to just borrow money, but also need evidence such as transfer vouchers to prove it. It is recommended to consult a lawyer in person and protect rights according to law.
How does the court judge private lending? Private lending is easy to operate. Both borrowers and borrowers rely on "reputation" to maintain, without complete procedures, and lack of mortgage and third-party guarantee. Once the situation changes, it is easy for both sides to have disputes.
1. Interest is not specified in the IOU, and recourse can be made if it is overdue. Due to financial difficulties, Zhang Cai borrowed 35,000 yuan from Li Si. On the day of the loan, Zhang Cai gave Li Si an IOU, but they didn't agree on the repayment date and interest algorithm. After Li Si lent the money for a period of time, he asked Zhang Cai to repay it, but failed to recover it many times. Li Si had no choice but to sue Zhang Cai to the court, asking him to repay the loan of 35,000 yuan and pay the overdue interest.
The court held that the private lending formed by the two did not violate laws and regulations, but also expressed the true meaning of both parties and should be protected by law. Since both parties have not agreed on the repayment date and repayment interest, the loan shall be regarded as an interest-free loan. According to relevant laws and regulations, the Industrial Court ruled that the defendant Zhang Cai returned the plaintiff Reese 35,000 yuan and paid overdue interest.
Since both parties have not agreed on the repayment period when borrowing, Reese can ask Zhang Cai for repayment at any time. After repeated recourse to Zhang Cai, he failed to repay the loan, which constituted a breach of contract. According to relevant laws, Zhang Cai should bear corresponding civil liabilities.
When borrowing money, both parties have not agreed on interest, and this loan is regarded as interest-free loan. According to Article 123 of the Implementation Opinions on Several Issues, if the borrower fails to repay the interest-free loan between citizens after being urged by the lender, the lender shall allow the borrower to pay the overdue interest. Proceeding from the principle that the contract law protects the interests of creditors and prohibits the defaulting party from benefiting from the breach of contract, the court supported Reese's request to pay overdue interest. The overdue interest can be calculated with reference to the similar overdue repayment rate of banks.
2. The high-interest loan cannot be repaid, and the court ruled. The couple contacted Qin Zheng to borrow money from him and promised to use a property in Nanning as collateral. On February 20 13, the two parties signed a loan agreement, stipulating that Li Feng and his wife would borrow 58,000 yuan to operate the battlefield, with a loan period of 2 months, counting from the date of delivery of the loan; No interest is calculated within the agreed loan period, and the overdue interest is calculated at 8%; If Li Ling Dengfeng fails to repay the loan within the time limit, he will voluntarily pay liquidated damages of RMB 500 yuan to Qin Zheng according to the number of days overdue until the debt is paid off; Li Ling Dengfeng voluntarily used its own property located in Nanning as the mortgage guarantee for this loan (mortgage guarantee procedures have not been handled).
On the day of signing the contract, Qin Zheng remitted 50,000 yuan to the couple's bank account and handed over 8,000 yuan in cash to the other party. After the couple got the money, they wrote an IOU to Qin Zheng, which stated the way and total amount of Qin Zheng's loan, the effective date and other matters as agreed, and signed the borrower's name and the time when the IOU was issued.
Soon, after the two-month interest-free loan period passed, Qin Zheng repeatedly urged the couple to return the principal and interest, but failed, so he took them to court and asked them to return the principal, interest and liquidated damages they owed according to the contract.
The case was tried by the court. Finally, the court ruled that the defendants Li Ling and Deng Feng returned the plaintiff Qin Zheng with a loan of 58,000 yuan. Li Ling and Deng Feng should pay loan interest to Qin Zheng (4 times the interest rate of similar loans in the same period stipulated by the People's Bank of China); The plaintiff Qin Zheng's other claims against the defendant were rejected.
China's laws have clear provisions on private lending and strict provisions on lending interest rates. The legal part of the court will be supported according to law, and the excess part will be rejected. Any civil act should be within the framework permitted by law. The "Loan Agreement" signed by the original defendant is the true intention of both parties, but the interest of this agreement obviously exceeds four times the interest rate of similar loans in the same period stipulated by the People's Bank of China, which is unfounded in law, so the part with excessive interest should not be supported. After the plaintiff borrowed money as agreed, the defendant failed to repay the principal and interest as agreed, which was a breach of contract.
The agreement on overdue liquidated damages and liquidated damages belongs to the autonomy of the parties. If the parties have agreed on both interest and liquidated damages according to the principle of autonomy of will, its legal effect should be recognized. But in this case, the plaintiff claimed both overdue interest and liquidated damages. The claim for overdue interest is four times the interest rate of similar loans in the same period stipulated by the People's Bank of China. After the liquidated damages are overdue, the part of the interest agreed by both parties that exceeds four times the interest rate of similar loans in the same period stipulated by the People's Bank of China shall be calculated every day. Therefore, there is no need to consider and adjust the liquidated damages, and the claim should be rejected. The two defendants are husband and wife and the same borrower, and they should be liable for the debts.
How the court should judge the judge according to the evidence of both parties and the law in correcting the civil loan contract. It is recommended to consult a lawyer in person.
Private lending! The judgment is 1, which can be decided by the court. '
2. Interest shall be calculated.
Should the Gongshu District People's Court hear the judgment of private lending to find out the facts of the case?
What will the court decide if the private loan of 65,438+10,000 yuan is not repaid at maturity? As long as it is not usury, the court will support it, but it will prosecute within two years.
Can I apply for a loan from the bank after being judged as a civil lender by the court? 1. If the private lending has not been fulfilled after the judgment, and if the debtor is included in the list of persons subjected to execution, the court will not be able to obtain bank loans.
2. The debtor shall perform the effective judgment of the court. If he refuses to perform the judgment, the court will include the debtor in the list of people who have been executed in bad faith in the execution procedure. Once it is included in the list of untrustworthy people, it will have a bad credit record and the bank will not approve its loan application again. If the court does not include the debtor in the list of people who have lost their trust, they can apply for a bank loan.
"Several Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Persons Executed in Disbelief"
Article 6 The people's court shall inform the relevant departments, financial regulatory agencies, financial institutions, institutions undertaking administrative functions and trade associations of the information on the list of people who have been executed in bad faith, so that the relevant units can impose credit punishment on people who have been executed in bad faith in terms of procurement, bidding, administrative examination and approval, support, financing and credit, market access and qualification identification in accordance with laws, regulations and relevant provisions.
The people's court shall notify the credit reporting agency of the name of the person who has been executed for dishonesty, and the credit reporting agency shall record it in its credit reporting system.
The people's court shall inform the unit to which the untrustworthy is a state functionary.
If the person subjected to execution is a state organ or a state-owned enterprise, the people's court shall inform its superior unit or competent department of its dishonesty.