Sun Moumou v. Sun Moumou and Zhao Moumou, a private lending dispute case
- Debts secured by one spouse for the other spouse shall be joint debts
keyword
Civil, private lending, guarantee, joint debts of husband and wife, joint expression of intent
Summary of the trial
The provision of security by one spouse for the debts of the other party is essentially the knowledge, consent and decision of the spouse for the formation of the debt, which is the embodiment of the equal right of the husband and wife to dispose of the joint property and joint debts, indicating that the husband and wife have fully considered the occurrence and burden of the debt, and the creditor also has reason to believe that the two of them have a common intention for the formation and burden of the debt. Therefore, the debts guaranteed by one spouse for the other party conform to the basic principle of "joint debt and joint signature" and should be regarded as joint debts formed by the joint intention of the husband and wife.
Basic facts of the case
Zhang Moumou filed a lawsuit with the people's court, requesting Sun Moumou and Zhao Moumou to jointly repay the loan of 15,000 yuan and interest.
After trial, the court ascertained that the defendants Sun Moumou and Zhao Moumou were husband and wife, and on March 10, 2019, Sun Moumou borrowed 15,000 yuan from Zhang Moumou, set up an IOU, and agreed on the interest and liability for breach of contract during the loan period, and Zhao Moumou signed the "guarantor" on the IOU. On March 10, 2019, Zhang Moumou completed the delivery of the loan through bank transfer. After the loan expired, Sun and Zhao did not repay the loan when they sued.
On July 22, 2021, the Hedong District People's Court of Linyi City, Shandong Province rendered the (2021) Lu 1312 Min Chu No. 3283 Civil Judgment: 1. Sun Moumou and Zhao Moumou shall repay the principal of Zhang's loan of 15,000 yuan and interest within 10 days from the effective date of the judgment (the interest is based on 15,000 yuan, and from March 10, 2019 to April 9, 2020, it is calculated at four times the one-year loan market prime rate issued by the National Interbank Funding Center in April 2020); 2. Sun XX and Zhao XX shall pay Zhang XX 1,500 yuan in liquidated damages within 10 days of the effective date of the judgment; 3. Reject Zhang's other litigation claims. After the judgment was pronounced, the two parties did not file an appeal, and the judgment has taken legal effect.
Grounds for the Trial
The effective judgment of the court held that: Zhao Moumou signed at the "guarantor" of the IOU, which showed that Zhao Moumou knew the fact of Sun Moumou's loan and agreed to be bound by the debt, and Sun Moumou did not infringe on Zhao Moumou's right to know and consent, on the contrary, Zhao Moumou provided a guarantee for the loan, which can better show that the husband and wife have fully considered the occurrence and burden of the loan and enjoy the right to deal with it equally, and the creditor Zhang Moumou also has reason to believe that the two of them have a common intention to form and burden the debt. The debts of the husband and wife in the form of a common intention to jointly sign the debt, or the debts borne by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship constitute joint debts of the husband and wife, and the debts in this case are joint debts of the husband and wife, which shall be jointly repaid by Sun XX and Zhao XX.
Associate indexes
Articles 585, 667, 674, 675, 676 and 1064 of the Civil Code of the People's Republic of China
Articles 25, 29 and 31 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases (Amended in 2020).
<中华人民共和国民事诉讼法>Article 90 of the Interpretation of the Supreme People's Court on Application
First instance: Judgment of Hedong District People's Court of Linyi City, Shandong Province (2021) Lu 1312 Min Chu No. 3283 (July 22, 2021)
Database Number: People's Court Case Database(2023-07-2-103-001)
(Source: Judicial Case Study Institute of the Supreme People's Court)
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