The Fifth Intermediate People's Court of Chongqing Municipality
Civil Settlements
(2020) Yu 05 Min Shen No. 220
Retrial applicant (defendant in the first instance): Jiang **, female, born on March 23, 1984, Han ethnicity, domicile in Yuzhong District, Chongqing City.
Respondent (plaintiff in the first instance): Ping An Property & Casualty Insurance Co., Ltd., located on the 12th, 13th, 38th, 39th and 40th floors of Ping An Financial Center, No. 5033 Yitian Road, Futian District, Shenzhen, with a unified social credit code 914403007109307208.
Legal representative: Sun Jianping, Chairman of the Board.
Entrusted litigation agent: Xiong Yali, lawyer of Chongqing Maizhong Law Firm.
The retrial applicant Jiang ** applied to this court for a retrial in connection with the dispute over the subrogation right of the insurer of the respondent, Ping An Property & Casualty Insurance Co., Ltd. (hereinafter referred to as Ping An Insurance Company), against the Civil Judgment of the Yuzhong District People's Court of Chongqing Municipality (2020) Yu 0103 Min Chu No. 370. This court formed a collegial panel in accordance with law to conduct a review, and the review has now been concluded.
Jiang ** applied for a retrial, saying that the "Ping An Personal Consumer Credit Guarantee Insurance Policy" signed with Ping An Insurance Company was that Zhou Wei, an outsider in the case, took advantage of the relationship between yuan Wei, a business personnel of the Jiefangbei Branch of Chongqing Bank, an outsider in the case, to apply for a loan privately in the name of Jiang **, and signed the "Ping An Personal Consumer Credit Guarantee Insurance Policy" with Ping An Insurance Company in the name of Jiang **, tricking Jiang ** into signing, and Jiang ** was not aware of the above handling process and content. After the loan was processed, jiang ** received the bank loan bank card has been in the possession and control of outsiders Zhou Wei and Yuan Wei, and Jiang ** has not used the bank loan. In addition to the amount of loans involved in the case, Zhou Wei also used Jiang's identity to handle other credit cards and loans on many occasions. Jiang ** reported the case to the public security organs in 2014, and this case is suspected of being a crime and should be investigated by the public security organs first. The facts found in the original judgment were unclear and the procedures were wrong.
Ping An Insurance Company submitted an opinion saying that Jiang ** had approved in the application that the loan contract of Bank of Chongqing and the insurance policy of Ping An Insurance Company were signed by herself. After the contract was signed, the Bank of Chongqing issued the loan to Jiang**'s bank account, and whether Jiang ** handed over the bank card to others controlled by him was a disposition of his own rights. Jiang ** said that he was deceived to report the case, but did not submit the materials for filing the case with the public security organs. The first-instance judgment was correct and requested that Jiang's application for retrial be rejected.
After review, this court held that after Jiang ** signed the "Bank of Chongqing Changjiang Quick Loan Small Loan Contract" and "Ping An Personal Consumer Credit Guarantee Insurance Policy" with the Jiefangbei Branch of the Bank of Chongqing and the Ping An Insurance Company respectively, the Jiefangbei Branch of the Bank of Chongqing issued the loan to Jiang **'s bank card as agreed, and because Jiang ** did not repay the loan on time, Ping An Insurance Company had the right to recover from Jiang ** in accordance with the insurance contract after settling the claim in accordance with the insurance contract. In this case, the evidence given by Zhou Wei to him, which Jiang ** gave him, and Jiang **'s report to the Dayanggou Police Station of the Yuzhong District Bureau of the Chongqing Municipal Public Security Bureau, was not sufficient to prove that Jiang ** was deceived by outsiders Zhou Wei and Yuan Wei into signing the "Chongqing Bank Of Chongqing Jiang• Quick Loan Small Loan Contract" with the Jiefangbei Branch of the Bank of Chongqing and the "Ping An Personal Consumer Credit Guarantee Insurance Policy" with Ping An Insurance Company, so Jiang**'s application could not be established.
In summary, Jiang's application for retrial did not comply with the grounds for retrial provided for in Article 200 of the Civil Procedure Law of the People's Republic of China. Pursuant to the first paragraph of Article 204 of the Civil Procedure Law of the People's Republic of China and the second paragraph of Article 395 of the Interpretation of the Supreme People's Court on the Application of the < of the Civil Procedure Law of the People's Republic of China >, the ruling is as follows:
Jiang's application for retrial was rejected.
Presiding Judge Zhang Yue
Judge Liu Yangbing
Judge Ye Fang
December 2, 2020
Clerk Li Xinrui