Former friends turned against each other,
调解履行+撤保得双赢
The boat of friendship is about to capsize? Recently, the case filing division of the Datong County People's Court accepted a private lending dispute between friends, and through careful research and judgment, analysis of preservation risks, and timely and proper mediation, the plaintiff withdrew the application for property preservation against the defendant, so that the boat of friendship swam back on the right track.
After the case was filed and accepted, the plaintiff's agent submitted an application for preservation online, requesting that the bank deposits and WeChat and Alipay accounts in the defendant's name be frozen in accordance with the law. During the mediation, it was learned that the two parties had been friends before, and they had done a little business together in other places, but later due to poor management, the plaintiff and the defendant lost money, resulting in a dispute. The defendant insisted that this case was not entirely a private lending relationship, but a partnership agreement dispute, and that the so-called "loan" was the plaintiff's investment money, and the plaintiff always stated that there was a de facto lending relationship between the two, and that the defendant was unwilling to repay the loan after the incident, and also claimed that he was unwilling to admit this friend after the incident. After the judge explained the law to both parties and patiently mediated, the defendant admitted that there was indeed a loan relationship, and through repeated communication with the plaintiff, the plaintiff was also willing to admit that the loan amount it claimed was not all loans, and was willing to organize mediation by the court, and with the consent of the original defendant, the payment amount was determined, and the defendant was also willing to perform the repayment obligation in court under probation. After receiving the application for withdrawing the preservation, our court immediately issued a ruling on the release of the preservation, and due to the timely mediation, the preservation application has not yet been transferred for enforcement, and both parties are happy to have a win-win situation, and the case has been resolved under both reasonable and legal principles.
"Every case is a business environment", and every individual citizen is not a business environment, and property preservation not only protects the rights and interests of the person applying for enforcement, but also increases the freedom to dispose of the property of the person subject to enforcement and the risk of property damage. The case organized mediation in a timely manner, and while giving full play to the civil mediation function, the rights and interests of the applicant for enforcement and the person subject to enforcement were protected in accordance with the law; The timely withdrawal of the preservation not only relieved the pressure of enforcement, but also saved a friendship that was on the verge of collapse.
Judge's Message: The establishment of a loan relationship requires the agreement of both parties to have a loan relationship and the actual payment voucher, and WeChat transfer records alone cannot prove the existence of a loan relationship, and it is also necessary to review whether there is a loan contract and whether an IOU is issued. WeChat transfers have become the norm in life, so it is often the case that the parties pay each other through WeChat and are not clear. Cherish him, please explain it...... It's easy to get acquainted, it's not easy to make friends, do it and cherish it!
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Source | Chase Court
Edit | Miao Yan
Audit | Feng Jun