civil judgment
(20 19) Jin 0 104 Min Zai No.5
Organ: First Branch of Tianjin People's Procuratorate.
Plaintiff (defendant in the original trial): Jiang XX, female, born on 10/97712, Han nationality, living in Nankai District, Tianjin.
Defendant (plaintiff in the original trial): Ping An Pratt & Whitney; Whitney Financing Guarantee Co., Ltd. lives in Rooms 3806 and 3807, Building 272 1 Jiqingmen Street, Gulou District, Nanjing, Jiangsu Province.
Legal Representative: Zhao (Zhao), chairman of the board.
Authorized Agent: Wei Jing, lawyer of Hebei Daguang Law Firm.
Authorized Agent: Miao, lawyer of Hebei Daguang Law Firm.
Defendants in the original trial: Fu * * (formerly known as Fu * and Gu * *), male, born in June 65438 +0963 10+May 65438, Han nationality, living in Xiangcheng, Henan Province.
Plaintiff Jiang * * refused to accept the civil judgment of (20 17) Jing 0 104 Chumin No.7253 because of a dispute over the right of recourse with defendant Ping An Pratt & Whitney Company. Whitney Financing Guarantee Co., Ltd. (hereinafter referred to as Ping An Pratt & Whitney; Whitney Guarantee Company and Gu Bowen, the defendant in the original trial, applied to the People's Procuratorate of Nankai District, Tianjin for supervision. Nankai District People's Procuratorate of Tianjin lodged a protest with the First Branch of Tianjin People's Procuratorate.
The first branch of Tianjin People's Procuratorate lodged a civil protest (Tianjin Procuratorate (201281000301) and lodged a protest with Tianjin No.1 Intermediate People's Court.
Tianjin No.1 Intermediate People's Court made a civil ruling (20 19) No.012, instructing our court to retry the case.
During the retrial of this case, the respondent Ping An Pratt & Whitney Company. Whitney Guarantee Company applied to withdraw the lawsuit against the complainant Jiang XX, and changed the original defendant Gu XX to pay XX. In accordance with the law, our court separately formed a collegial panel to hear the case in public. The First Branch of Tianjin People's Procuratorate appointed procurators Zhang Jiquan and Du Wen to appear in court. Wei Jing, the entrusted litigation agent of Ping An Pratt & Whitney; Whitney Guarantee Company participates in online litigation through the Internet. Fu * *, the defendant in the original trial, was served with a summons after being announced by our court, but did not appear in court to participate in the proceedings. This case has been closed.
The first branch of Tianjin People's Procuratorate lodged a protest. 2065438+On August 5, 2009, Jiang XX entrusted Tianjin Kaiping Judicial Appraisal Center to make judicial appraisal on whether the counter-guarantee letter and the two signature handwriting "Jiang XX" on the back of the guarantor were written by Jiang XX.
According to the document Jin Kaiping (20 19)5 1 Judicial Appraisal Opinion of Tianjin Kaiping Judicial Appraisal Center, dated September 8, 20 15, the last page of the counter-guarantee letter (No.:3360 Fu Counter-guarantee -00 1) is "Jiang".
The court of first instance delivered the materials according to the trial file of the court of first instance, and mailed them toNo. Gediaochunchun 18-803, huanghe road, Nankai District, Tianjin, recorded in the counter-guarantee letter, and then to Gu * * and Jiang * * *, and later to 20 18+08. There is a copy of Jiang XX's house ownership certificate in the trial file, and his current address is 30- 1- 170 1, Nankai District, Tianjin, but there is no record of delivering it to this address.
After investigation and verification with Ping An Pratt & Whitney Tianjin Branch; Whitney, which claimed that all the original managers had left the company, was unaware of the formation process of the counter-guarantee letter involved. Other facts identified by our court are consistent with those identified by the Nankai District People's Court of Tianjin. We believe that there is new evidence enough to overturn the civil judgment of Tianjin Nankai District People's Court (20 17) No.0104.
The reasons are as follows: 3360 After examination, the focus of the dispute in this case is whether the new evidence in this case is enough to overturn the judgment of the court of first instance that Jiang * * provided personal unlimited joint and several liability counter-guarantee for Gu * * to provide guarantee for Ping An Pratt & Whitney Guarantee Company, and Jiang * * should bear joint and several liability for Ping An Pratt & Whitney Guarantee Company.
In this case, according to the counter-guarantee letter signed by "Jiang * *" submitted by Ping An Pratt & Whitney Guarantee Company, the court of first instance found that Jiang * * issued a counter-guarantee letter for Ping An Pratt & Whitney Guarantee Company, and voluntarily assumed joint and several liability guarantee for Gu * * to Ping An Pratt & Whitney Guar.
During the retrial of Tianjin No.1 Intermediate People's Court, Jiang * * proposed that the signature of "Jiang * *" on the counter-guarantee letter was not signed by himself, and the retrial court refused to accept the application for appraisal. Therefore, Jiang * * failed to cross-examine the counter-guarantee letter in this case because of his intentional or gross negligence.
After retrial, Jiang * * entrusted Tianjin Kaiping Judicial Appraisal Center with appraisal license to make judicial appraisal on whether the signature handwriting of "Jiang * *" on the back of the counter-guarantee letter and the guarantor were written by Jiang * *. The appraiser Miao Hua has a counter-guarantee letter, and the appraisal procedure is legal. According to the Judicial Appraiser's Practice Certificate (20 19) No.51,the date of signing is the Judicial Appraisal Opinion (No.3360 Fu Counterguarantee -00 1) signed by the guarantor on September 8, 2065438. "
According to the counter-guarantee letter and Article 387, "If the new evidence provided by the retrial applicant can prove that the basic facts identified in the original judgment, ruling or judgment result are wrong, it shall be deemed as the situation stipulated in Item 1 of Article 200 of the Civil Procedure Law."
Article 388 stipulates that this article: "If the applicant for retrial proves that the new evidence submitted by him meets one of the following circumstances, it may be deemed that the reason for providing evidence within the time limit is established. Article: In the case of default judgment in the first instance, Jiang XX has fulfilled the claim of Whitney Guarantee Company, that is, all the witnesses of the original "the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)" have left their posts. It can't be proved that the counter-guarantee letter was signed by Jiang * * and Jin Kaiping (20 19) No.51,which can prove that the judicial expertise opinion as the main evidence of the final case has authenticity defects, which is enough to overturn the determination of Jiang * * by the court of first instance.
Guarantee to provide personal unlimited joint and several liability counter-guarantee, and then overturn the judgment of the court of first instance that Jiang * * is jointly and severally liable for the debts owed by Gu Bowen to Ping An Pratt & Whitney Guarantee Company.
To sum up, there is new evidence enough to overturn the civil judgment of Tianjin Nankai District People's Court (20 17) J 0 104 Minchuzi No.7253. According to the provisions of the first paragraph of Article 200 of the Civil Procedure Law of People's Republic of China (PRC) and the first paragraph of Article 208th, we hereby lodge a protest, and please retry according to law.
Ping An Pratt & Whitney Guarantee Company argued that it agreed to the above protest, and in this case, the company had withdrawn the prosecution against Jiang XX and no longer claimed rights from him.
Fu * * did not appear in court to make a statement.
Ping An Pratt & Whitney Guarantee Company brought a lawsuit to our hospital:
1. ordered Gu * * and Jiang * * to pay the plaintiff compensation of 452,687.13 yuan (including compensation for principal of 440,000 yuan, compensation for interest of 9,999.17 yuan and compensation for liquidated damages of 2,687.96 yuan);
2. Ordered Gu Bowen and Jiang * * to pay the plaintiff the guarantee fee of 18208.94 yuan (including the guarantee fee of 3408.94 yuan and the management fee of 14800 yuan);
3. Ordered Gu Bowen and Jiang * * to pay the plaintiff a compensatory fine of RMB 169304.99 (subject to the compensatory amount, temporarily calculated from May 6th to 20th1May 7th15th, and then 0.15th)
4. Gu Bowen and Jiang * * were ordered to bear the lawyer's fees paid by the plaintiff of 3,860 yuan;
5. Gu Bowen and Jiang XX were ordered to bear all the litigation costs of this case, including but not limited to litigation costs, preservation fees, appraisal fees, travel expenses, execution fees, etc.
At the time of retrial, the change of litigation request is: 1. The plaintiff was ordered to pay compensation of 452,687.13 yuan (including compensation for principal of 440,000 yuan, compensation for interest of 9,999.17 yuan, and compensation for liquidated damages of 2,687.96 yuan); 2. The plaintiff was ordered to pay * * a guarantee fee of 18208.94 yuan (including guarantee fee of 3408.94 yuan and management fee of 14800 yuan); 3. The plaintiff is ordered to pay * * a compensatory late payment fee of RMB 169304.99 (subject to the compensatory amount, temporarily calculated from May 6, 20 17 to May 5, 20/kloc-0, and then 0./kloc-0. 4. The plaintiff was ordered to pay * * the lawyer's fee of 3,860 yuan; 5. It is ordered that * * bear all litigation costs of this case, including but not limited to litigation costs, preservation fees, appraisal fees, travel expenses, execution fees, etc.
Facts confirmed by our court in the original trial: On September 8th, 20th15, Gu * * signed a loan contract with Shenzhen Ping An inclusive microcredit Co., Ltd. (hereinafter referred to as Shenping Microfinance Company), and agreed to borrow 500,000 yuan from Shenping Microfinance Company, with a monthly interest rate of 0.65% and a term of 12 months, and repay the principal on a monthly basis. The actual lending date of each month corresponds to the repayment date and interest payment date. If Gu fails to repay the loan principal and interest agreed in this contract as scheduled, Shenping Microfinance Company has the right to recover part or all of the loan in advance or terminate this contract.
According to the agreement of all parties, on the same day, Ping An Pratt & Whitney Guarantee Company (guarantor) signed a guarantee contract with Gu * * (borrower) and Shenping Microfinance Company (creditor), stipulating that Gu Bowen would borrow 500,000 yuan from Shenping Microfinance Company for a loan period of 12 months from the date of loan; The guarantee method is joint and several liability guarantee, and the scope of guarantee includes the principal creditor's rights and interest, penalty interest, liquidated damages, service fees and the expenses for creditors to realize the creditor's rights. The guarantee period starts from the loan date under the loan contract and ends two years after the performance of the main debt. In any of the following circumstances, the guarantor shall make compensation after receiving the notice from the creditor:
1. The Borrower's payables in any period are overdue for 80 days; 2. The creditor or his agent announces the early maturity of the loan due to the reasons agreed in the loan contract, but the borrower fails to pay off the debt within the required time limit; 3. When the creditor or his agent unilaterally terminates the loan contract in advance due to policy reasons or other unexpected events agreed in the loan contract, but the borrower fails to pay off the debt within the prescribed time limit.
The compensation amount includes all outstanding principal of the borrower, unpaid interest payable from the settlement date to the compensation date and overdue penalty interest. The compensation method is the compensation that the guarantor pays to the creditor when he assumes the guarantee responsibility. The contract also stipulates that after the guarantor undertakes the guarantee responsibility to compensate the borrower's debts, the borrower shall immediately pay the guarantor the full compensation according to the guarantor's requirements.
The Borrower agrees to pay the following fees to the Guarantor for the loan hereunder:
65,438+0. upfront service fee15,000 yuan, which shall be paid in one lump sum before lending; 2. The total guarantee fee is 65,438+02,000 yuan, and 65,438+0,000 yuan is paid every month, and the loan principal and interest are paid together according to the repayment date agreed in the loan contract; 3. The management fee is 48,000 yuan, paid monthly, and the loan principal and interest shall be paid together according to the repayment date agreed in the loan contract; The above fees shall be collected until the date of compensation.
If the borrower (including the heirs and legatees of his property) fails to repay all the compensation to the guarantor more than 30 days after the compensation date of the self-insurance witness, the borrower (including the heirs and legatees of his property) shall pay the guarantor a late fee based on the compensation amount at the rate of 0. 1% per day from the compensation date. Due to the Borrower's failure to pay the Guarantor the full amount of compensation as required by the Guarantor, the expenses incurred by the Guarantor for recovering and collecting fees (including but not limited to appraisal fees, travel expenses, attorney fees, execution fees, attorney fees, etc.). ) shall be borne by the borrower.
2065438+On September 8, 2005, Jiang * * issued a counter-guarantee letter, voluntarily undertaking joint and several liability guarantee for Gu Bowen to Ping 'an Puhui Guarantee Company. The guarantee period is four years from the maturity date of the last debt under the main contract, covering all debts and expenses of the debtor under the main contract.
After the signing of the above contract, on September 15, 2065438, Shenping Microfinance Company issued a loan of 500,000 yuan to Gu Bowen as agreed, and the lender deducted other expenses on behalf of Ping An Pratt & Whitney Guarantee Company. Gu Bowen fulfilled part of his repayment obligations, and failed to repay after the last repayment obligation on 20 16 years129 October. Ping An Pratt & Whitney Guarantee Company repaid Gu Bowen 452,687.13 yuan 438 on May 6, 1965, and Shenping Microfinance Company issued the Certificate of Guarantee Responsibility, indicating that Ping An Pratt & Whitney Guarantee Company has fulfilled all guarantee responsibilities. So far, in addition to the above compensation and late fees, Gu Bowen still owes Ping An Pratt & Whitney Guarantee Company a guarantee fee of 3,408.94 yuan and a management fee of14,800 yuan.
On June 5, 20 17, Ping An Pratt & Whitney Guarantee Company signed the Special Entrustment Contract for Legal Services with Hebei Daguang Law Firm, entrusting Hebei Daguang Law Firm to represent Ping An Pratt & Whitney Guarantee Company in the case of Gu Bowen and Jiang * *, and paid the lawyer's fee of RMB 3,860 on August 28, 20 17.
We believe that a legally established contract is protected by law, and the parties should fully perform the contract as agreed. After assuming the guarantee responsibility, the guarantor has the right to recover from the debtor. basis
In this case, Gu signed a loan contract and got a loan of 500,000 yuan. Ping An Pratt & Whitney Guarantee Company provided a guarantee for his loan. Now, because Gu Bowen refused to repay, Ping An Pratt & Whitney Guarantee Company repaid all the principal and interest of the loan to the lender on his behalf, totaling 45,687,438+03 yuan, that is, Ping An Pratt & Whitney Guarantee Company assumed the guarantee responsibility of Gu Bowen's loan, so it has the right to recover from Gu Bowen.
At the same time, according to the guarantee contract between Ping An Pratt & Whitney Guarantee Company and Gu Bowen, Gu Bowen still owes Ping An Pratt & Whitney Guarantee Company a guarantee fee of 3,408.94 yuan and a management fee of14,800 yuan, which should be repaid. As for the compensatory late payment fee advocated by Ping An Pratt & Whitney Guarantee Company, it was agreed in the contract between the two parties, and Gu Bowen should pay it. As for its proportion, our court thinks that this case belongs to the nature of borrowing, and the late payment fee is punitive, but in the final analysis it belongs to interest, so its interest rate cannot exceed the upper limit of legal protection, that is, it does not exceed 24% per year, and the excess will not be supported.
As clearly stipulated in the Guarantee Contract, the borrower Gu * * failed to pay all the compensation expenses as required by the guarantor, and the recovery expenses incurred by the guarantor shall be borne by Gu Bowen. Therefore, our hospital supports Ping An Pratt & Whitney Guarantee Company's claim that Gu * * should pay the lawyer's fee.
Jiang * * provides personal unlimited joint and several liability counter-guarantee for Gu * *' s guarantee to Ping 'an Puhui Guarantee Company. Now Ping An Pratt & Whitney Guarantee Company repays the loan on behalf of * *, and the counter-guarantee conditions have been met. Jiang * * shall be jointly and severally liable to Ping An Pratt & Whitney Guarantee Company. The original judgment of our court:
1. Gu Bowen repays Ping An Pratt & Whitney Guarantee Company with the compensation of 452,687.13 yuan and the interest from May 6, 2065,438+06 to the actual payment date, and the interest rate is calculated at 24% per year; 2. Gu Bowen pays Ping 'an Puhui Guarantee Company a guarantee fee of 3,408.94 yuan and a management fee of14,800 yuan, totaling18,208.94 yuan; 3. Gu Bowen paid the lawyer's fee of 3,860 yuan to Ping 'an Puhui Guarantee Company; 4. Jiang * * is jointly and severally liable to Ping 'an Puhui Guarantee Company for the debts that Gu Bowen should bear as stipulated in the above 1, 2 and 3; V. Reject other claims of Ping An Pratt & Whitney Guarantee Company. The case acceptance fee 1024 1 yuan and the announcement fee shall be borne by Gu Bowen and Jiang * * * *.
Around the retrial request of the parties, the court found the disputed evidence and facts as follows: After the procuratorial organ accepted Jiang's protest application, Jiang entrusted Tianjin Kaiping Judicial Appraisal Center to check whether the signatures of "guarantor" and "Jiang * *" on the back of the counter-guarantee letter were written by Jiang * * on August 5, 2009.
The Judicial Appraisal Opinion of Tianjin Kaiping Judicial Appraisal Center issued by the appraisal center (document No.2019) 51) states: "Counterguarantee letter dated" 2065438+September 8, 2005 "(No.:Fufang Counterguarantee Letter ××-00/KLOC
In addition, according to the effective judgment of another case, it was found that Gu Bowen had another name and citizenship number, and the Shuizhai Police Station of Xiangcheng Public Security Bureau of Henan Province issued a certificate on March 29, 20 17: Fu * * (formerly known as Fu, citizenship number 4 12702 196365438). This account (note: it refers to Gu Bowen) was cancelled on February 1 2065438.
Because the defendant failed to deliver it by other means, our court served the court summons, copy of the indictment, risk warning and notice of responding to the lawsuit on its announcement through People's Court Newspaper, and the plaintiff had paid the announcement fee in advance.
The retrial of our hospital holds that a legally established contract is protected by law, and the parties should fully perform their respective obligations according to the agreement. After assuming the guarantee responsibility, the guarantor has the right to recover from the debtor. In this case, Fu * * obtained the corresponding loan based on the loan contract, and Ping An Pratt & Whitney Guarantee Company provided the guarantee for his loan. Ping An Pratt & Whitney Guarantee Company repaid all the principal and interest of the loan on behalf of the creditor, totaling 452,687.6438+03 yuan, which means that Ping An Pratt & Whitney Guarantee Company assumed the guarantee responsibility for * *' s loan, so Ping An Pratt & Whitney Guarantee Company has the right to recover from * *.
At the same time, according to the guarantee contract, Ping An Pratt & Whitney Guarantee Company should pay the guarantee fee of 3,408.94 yuan and the management fee of14,800 yuan. As for the compensatory late payment fee advocated by Ping An Pratt & Whitney Guarantee Company, it is stipulated in the contract between the two parties that * * should be paid. As for calculating the payment standard, the money in this case is based on borrowing, and the late payment fee is punitive, and its essence should be interest, so its standard cannot exceed the upper limit of legal protection, that is, it does not exceed the annual interest rate of 24%, and the excess part will not be supported.
The guarantee contract clearly stipulates that the borrower fails to pay all the compensation expenses as required by the guarantor, and the recovery expenses incurred by the guarantor shall be borne by the borrower, and the amount of legal fees claimed by Ping An Pratt & Whitney Guarantee Company is within a reasonable range. Therefore, our court supports Ping An Pratt & Whitney Guarantee Company's claim to pay * * attorney fees. Ping An Pratt & Whitney Guarantee Company's application to withdraw the lawsuit against Jiang * * is its right to dispose of the lawsuit by itself, and there is nothing wrong with it. Our hospital will follow suit. Fu * * was legally summoned by our court and failed to attend the proceedings without justifiable reasons. The case was judged by default according to law.
To sum up, according to Articles 8, 60 and 107 of People's Republic of China (PRC) Contract Law, Article 31 of People's Republic of China (PRC) Guarantee Law, Article 1 of the Supreme People's Court's Provisions on the Application of Limitation, Article 144 and Article 207, paragraph 1 of People's Republic of China (PRC) Civil Procedure Law, the judgment was made by default.
1. Revoke the civil judgment of Tianjin Nankai District People's Court (20 17) J 0 104 No.7253 in the early Republic of China;
2. Within 15 days after this judgment came into effect, the defendant in the original trial paid * * compensation of 452.4338+03 yuan to the respondent (plaintiff in the original trial) Ping An Pratt & Whitney Financing Guarantee Co., Ltd.;
3. Within fifteen days after this judgment comes into effect, the defendant in the original trial pays the respondent (the plaintiff in the original trial) * * interest from May 6, 20 16 to the actual payment date, with an annual interest rate of 24%;
4. Within fifteen days after this judgment came into effect, the defendant in the original trial paid the appellee (plaintiff in the original trial) Ping An Pratt & Whitney Financing Guarantee Co., Ltd. a guarantee fee of RMB 3,408.94 and a management fee of RMB14,800, totaling RMB18,208.94;
5. Within/0/5 days after this judgment came into effect, the defendant in the original trial paid * * (formerly known as Fu and Gu Bowen) a lawyer's fee of 3,860 yuan to the defendant (plaintiff in the original trial);
The intransitive verb dismissed the defendant (plaintiff in the original trial) Ping An Pratt & Whitney Financing Guarantee Co., Ltd.' s other claims. ..
If the obligation to pay money is not fulfilled within the time limit specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with Article 253 of the Civil Procedure Law of People's Republic of China (PRC) and relevant regulations.
The case acceptance fee 1024 1 yuan and the announcement fee 1380 yuan shall be paid by the defendants in the original trial (formerly known as Fu and Gu Bowen).
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 parties, and appeal to Tianjin No.1 Intermediate People's Court.
Presiding Judge Wang Xiaoxiao
People's Juror Liu Chunsheng
People's Juror Yang Yuqing
200 1 Feb. 23rd, 2008
Bookkeeper Jin Hongshuang
Attach the specific provisions of the law on which the judgment document is based.
Contract law of the people's Republic of China
Article 8 A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization.
Contracts established according to law are protected by law.
Article 60 The parties shall fully perform their obligations as agreed.
The parties shall abide by the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.
Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
People's Republic of China (PRC) Securities Law
Article 31 A surety shall have the right to recover from the debtor after assuming the suretyship liability.
Some provisions of the Supreme People's Court on the application of prescription.
Article 1 After the implementation of the Civil Code, the provisions of the Civil Code shall apply to civil disputes caused by legal facts.
Civil disputes caused by legal facts before the implementation of the Civil Code shall be governed by the provisions of laws and judicial interpretations at that time, unless otherwise stipulated by laws and judicial interpretations.
The legal facts before the implementation of the civil code continued until after the implementation of the civil code. Civil disputes caused by legal facts shall be governed by the provisions of the Civil Code, except as otherwise provided by laws and judicial interpretations.
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.
Article 207 If a case is retried by a people's court in accordance with the procedure of trial supervision, the legally effective judgment or ruling of the court of first instance shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the judgment or ruling; A legally effective judgment or ruling shall be made by the court of second instance and tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling; If a people's court at a higher level brings a lawsuit in accordance with the procedure of trial supervision, it shall try it in accordance with the procedure of second instance, and the judgment or ruling made shall become legally effective.
When trying a retrial case, the people's court shall form a collegial panel separately.
The rights and obligations of notifying the parties after the judgment.
First, the exercise of the right of appeal. If a party refuses to accept the judgment or ruling of first instance, he has the right to appeal within the time limit specified in the judgment or ruling. If no appeal is made within the time limit, the judgment or ruling made by our hospital will take legal effect.
If a party files an appeal, it shall submit the original and copy of the appeal to the court within the appeal period, and pay the appeal fee in advance in accordance with the relevant provisions. If no appeal is filed within the appeal period, it shall be deemed that no appeal has been filed. Upon the application of the other party, the case may enter the people's court for execution.
Second, the exercise of the right to apply for retrial. If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; Cases in which one party has a large number of people or both parties are citizens may also apply to our hospital for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
If a party applies for a retrial, it shall submit it within six months after the judgment or ruling becomes legally effective; In case of any of the circumstances specified in Items 1, 3, 12 and 13 of Article 200 of the Civil Procedure Law of People's Republic of China (PRC), it shall be put forward within six months from the date when it knows or should know.
Third, take the initiative to perform. After the written judgment becomes legally effective, the party who has the obligation to perform shall take the initiative to perform the obligations stated in the written judgment to the other party, or take the initiative to contact the presiding judge to perform the matter.
Fourth, the exercise of the right to apply for enforcement. A legally effective written judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the people's court for execution.
The application period is two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply. This period is calculated from the last day of the performance period stipulated in the 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. If the person subjected to execution applies for execution within the time limit, the people's court shall not accept it.
Related Q&A: Related Q&A: Ping An Pratt & Whitney borrowed 300,000 yuan, which was paid off in six installments and has not been paid back yet. What should I do? Will I go to jail? Active repayment is the fundamental solution. The law will not exempt you from the repayment obligation because of your difficult life. Overdue repayment may affect your credit information and may be prosecuted.
I suggest that you still have to negotiate with the platform and try to suspend or partially suspend it.
Although the debt will naturally be repaid, there is no need to repay the overdue liquidated damages and interest liquidated damages whose interest exceeds the upper limit stipulated by national laws. We should use laws to safeguard our legitimate rights and interests.