In life, there are always a few friends and colleagues around who borrow money from you. There are always one or two people who give you a headache, that is, dragging on, what should you do at this time?
Wang Benfang was more than half a hundred years old and had a little money in his hand. On this day, his old friend Yu Qingnan said that he urgently needed money to do business, could he support some? Wang Benfang knew that in this world, it was easy to borrow money and it was difficult to repay money, and he did not want to borrow. But think about it, I usually have a good relationship with Yu Qingnan, and people are still quite reliable. Therefore, Wang Benfang weighed the weight, or agreed to lend money to Yu Qingnan to turn around, thinking that doing business can not predict when to make a profit, there is no agreed repayment time.
When Yu Qingnan saw that Wang Benfang had agreed to borrow money, he gave Wang Benfang a bank account, saying that it was his relative Mr. Qian. As for why he didn't use his own bank account to collect money, Yu Qingnan explained that it was because he had to use Mr. Qian's qualifications to open a company, so he used his account to collect money, and promised that he would issue a receipt, and then it would be his own money, telling Wang Benfang not to worry. Wang Benfang was sincere in his attitude, so he did not ask anything more.
On October 18, 2017, Yu Qingnan registered and established Shunzhang Company, and the legal representative is Mr. Qian. On January 10, 2018, Wang Benfang received Yu Qingnan's WeChat, saying that the company was operating by himself and that the responsibility was all on him. Wang Benfang looked at this inexplicable WeChat and couldn't understand it, but only when Yu Qingnan started a business hard, he complained.
On April 10, 2019, the company's legal representative was changed to Yu Qingnan, and the business was on the right track. From September 21, 2017 to July 30, 2018, Wang Benfang calculated the money he lent to Yu Qingnan 520,000 yuan through bank transfers and cash, and he thought it was almost time to mention the repayment to Yu Qingnan.
On April 19, 2019, Yu Qingnan took the initiative to send WeChat to Wang Benfang, saying that he was transferring a certain yard, and all the money transferred was returned to him, making him wait for another ten days and eight days. Wang Benfang was very happy after hearing this, and felt that he did not look at the wrong person. Who knows that Yu Qingnan still owes his credit card, which has nothing to do with his 520,000. At this time, Wang Benfang could not sit still, and he began to look for Yu Qingnan to repay the money. On June 23, Yu Qingnan finally agreed to return the 520,000 yuan loan to Wang Benfang, and said that in order to reassure Wang Benfang, he would sign an agreement, which said that Yu Qingnan would now return all the investment funds of Wang Benfang's investment in Shunzhang Company to Wang Benfang, and all the company's affairs in the future had nothing to do with Wang Benfang.
Although the agreement was signed, Wang Benfang repeatedly urged him afterwards, and Yu Qingnan did not return the loan. Wang Benfang took Yu Qingnan to court in a fit of rage, and entrusted Guanling's lawyer to represent him in the litigation.
When communicating with Wang Benfang about the litigation, Guanling lawyer found the agreement he and Yu Qingnan signed on June 23, which felt a bit strange, obviously it was a loan relationship, why did the agreement write investment funds? Immediately after Wang Benfang took out the WeChat record of January 10, 2018, the lawyer understood that Yu Qingnan may not have planned to repay the money at the beginning, and clarified this, and the lawyer made a basic prediction of the possible situation in the next trial and prepared a plan to respond to the lawsuit.
As expected by Guanling's lawyers, during the trial, Yu Qingnan proposed that he and Wang Benfang were in a partnership relationship, and the two discussed the joint establishment of Shunzhang Company, with 50% of the capital contribution and income each. After the establishment of the company, all by Yu Qingnan in the operation, Wang Benfang did not care about the company's business at all, and then due to sharp contradictions with Wang Benfang, the company stopped operating, the equipment sold more than 10,000, but did not tell Wang Benfang.
In response to Yu Qingnan's defense, Guanling lawyer pointed out:
1. Wang Benfang transferred money to Mr. Qian's account and Yu Qingnan's account in accordance with Yu Qingnan's instructions and paid cash to Yu Qingnan, and Yu Qingnan issued receipts after receiving the money, and the two sides have formed a private lending relationship. Since the two parties did not explicitly agree on the repayment time, Wang Benfang could claim at any time, and now Wang Benfang asked Yu Qingnan to return the loan on legal grounds.
2. There is no evidence to prove the partnership relationship claimed by Yu Qingnan. Wang Benfang borrowed money from Yu Qingnan in 2017 and 2018, and Yu Qingnan only sent an agreement to refund the investment funds on WeChat on June 23, 2019, which contradicts what he calls a partnership investment relationship. Moreover, during the trial, Yu Qingnan also confirmed that Wang Benfang did not participate in the operation of the company and was unaware of the liquidation, which was obviously inconsistent with the legal characteristics of the partnership relationship.
3. Yu Qingnan's previous repayment was to repay the credit card arrears, which had nothing to do with this case.
In the end, the court adopted the opinion of Guanling lawyer and ordered Yu Qingnan to return the principal of the loan of 520,000 yuan to Wang Benfang and pay interest.