Hello everyone, Longyuan sisters. If the credit card is used to cash out the amount of the credit card and then re-lend it to others and agree on the interest, does the loan agreement have any effect?
Brief facts of the case
In June 2022, Wu Moumou borrowed Ms. Wang's Minsheng Bank credit card to cash out 80,000 yuan, and the two parties agreed that Wu Moumou would bear the bank fee of 800 yuan per month and pay interest to Ms. Wang at a monthly interest rate of 2 cents. On the same day, Wu Moumou issued an IOU to Ms. Wang, which read: "The IOU received 80,000 yuan from Ms. Wang today, and it will be credited to her account according to the date of the loan at the rate of two cents per month." Borrower: Wu Moumou". After that, Wu Moumou took the card and put 80,000 yuan and a handling fee of 800 yuan into the card every month, and then swiped the card to cash out 80,000 yuan. This will not be paid until September 2022. At the urging of Ms. Wang, Wu Moumou only paid Ms. Wang a bank fee of 800 yuan in October and November 2022, respectively, but did not pay the principal of 80,000 yuan. From November 25 to 26, 2022, Ms. Wang repaid the 80,000 yuan in 6 installments. Now Ms. Wang has filed a lawsuit, demanding that Wu pay the principal and interest of the loan as agreed.
Case Handling
Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that: "Under any of the following circumstances, the people's court shall find that the private lending contract is invalid: (1) taking loans from financial institutions for on-lending......;
Tips for popularizing the law
The act of withdrawing cash with a card constitutes a private lending contract for relending by taking bank loans for on-lending. The invalid contract is invalid from the beginning, and the party at fault must bear corresponding responsibility for the consequences of the invalidity of the contract, but the loss protected by law is limited to the loss of legal principal or interest lent by the lender based on good faith.
Sisters, this issue of Sister Long's study of the law is here, thank you for listening, welcome to leave a comment below, see you next time.
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Producer: Zhang Wei Editor: Wang Ruoqian
Editor: Zhang Qing Source: Gansu Women
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