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The first-instance civil judgment of Liang Hongchuan, Jiang Xu and Liao's civil loan dispute case.
Court: People's Court of Jiaojiang District, Taizhou City, Zhejiang Province.
Case number: (20 15) Taiwan Province Jiaoshang Chuzinuo. 1036
Plaintiff: Liang Hongchuan.
Defendant: Jiang Xu.
Defendant Liao.
Plaintiff Liang Hongchuan and defendants Jiang Xu and Liao filed a lawsuit in our court on March 26th, 20 15, demanding that defendant Jiang Xu repay the plaintiff's loan principal of 90,000 yuan and pay interest [from September 30th, 20 14 to the repayment date, according to the benchmark interest rate standard for loans of the same period and the same grade stipulated by the People's Bank of China (limited to the monthly interest rate)]. Defendant Liao shall be jointly and severally liable for the above debts. After the court accepted the case, the summary procedure was applied according to law and the trial was held in public on April 20 15 14. Now the trial is over.
Our court found through trial that the defendant Jiang Xu sent an IOU to the plaintiff on September 30th, 20th14th, which stated that he had borrowed 90,000 yuan from the plaintiff, and the agreed interest rate was 2% per month. If the borrower fails to repay all the loans during the dunning by the lender, in addition to the interest during the penalty interest period, the borrower shall pay the lender a penalty of 0.5 ‰ of the amount owed on a daily basis, and pay the dunning fee (including lawyer's fees); The Guarantor undertakes joint and several liability guarantee, and the guarantee period is two years, including loan principal and interest, liquidated damages, legal fees, attorney fees and other losses. Defendant Liao signed for the loan guarantor. After the plaintiff's urging failed, the file entered the lawsuit.
In accordance with the provisions of Articles 107, 205 and 206 of People's Republic of China (PRC) Contract Law, Article 18 and Paragraph 1 of Article 21 of People's Republic of China (PRC) Guarantee Law and Article 144 of People's Republic of China (PRC) Civil Procedure Law, our court made the following judgment:
Defendant Jiang Xu returned the loan principal of 90,000 yuan to Plaintiff Chuan within 10 days from the date when this judgment came into legal effect, and paid interest [from April 30, 1965 to the date of repayment, calculated at four times the benchmark interest rate standard for loans of the same grade in the same period stipulated by the People's Bank of China (limited to the monthly interest rate of 2%)], and compensated Plaintiff Liang Hongchuan for the lawyer's agency fee of 3,600 yuan to realize the creditor's rights; Defendant Liao shall be jointly and severally liable for the above sum.
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).
The acceptance fee of this case is RMB 2,388.00 Yuan, which is charged at half 1 194 yuan, and shall be borne by the defendant Jiang Xu, and the defendant Liao shall be jointly and severally liable.
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date when the judgment is served, and submit copies according to the number of the opposing parties, and appeal to the Intermediate People's Court of Taizhou City, Zhejiang Province (the acceptance fee for the appeal case is 2388 yuan, which should be paid in advance when the appeal is submitted, and if it is not paid in advance within the appeal period, it should be paid in advance within seven days after the expiration of the appeal period. If it is not paid within the time limit, the above treatment will be automatically withdrawn. Remittance: Taizhou Finance Bureau, account number:19-90000104000225089001,bank: Taizhou Agricultural Bank).
If the legal documents come into effect, the plaintiff should come to our hospital within one month after the legal documents come into effect and ask for a refund of the legal fees that should be borne by the defendant. If the refund formalities are not handled within the time limit, it shall be deemed that the plaintiff agrees to pay the legal fees borne by the defendant, and the legal fees shall be executed by the court to the defendant.
If the obligor fails to perform his obligations consciously after the legal document comes into effect, the creditor may apply to our court for enforcement within two years from the last day when the legal document determines the performance period. If the application is overdue, the court will not accept it.
Judge du fu
201April 5 14
Acting clerk Lin Xiao
Attachment:
Relevant laws and regulations on which this judgment is based.
Contract law of the people's Republic of China
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.
Article 205 The borrower shall pay interest within the agreed time limit. If there is no agreement or unclear agreement on the time limit for paying interest, and it cannot be determined according to the provisions of Article 61 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan term is more than one year, it shall be paid at the end of each year; if the remaining term is less than one year, it shall be paid together with the loan.
Article 206 The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.
People's Republic of China (PRC) Securities Law
Article 18 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability.
If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
Article 21 The scope of guarantee in the first paragraph includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail.
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.