A man in Yingzhou District, Fuyang City, actually owed money for milk powder to his children after his divorce
Sued by the milk powder store
Milk powder shop owner said
Even if it is a divorce
I also had to give the milk powder money
The woman cannot be contacted
The man said:
The eldest daughter is not her own
Only willing to pay for the consumption of the little daughter...
How exactly will the court decide?
Buy milk powder on credit, diapers are not wet
After the 90s, Zhang Lin (pseudonym) worked outside the home for many years, and at the urging of his family, he married Sun Mei (pseudonym), a woman of the same age. After marriage, Sun Mei gave birth to the eldest daughter Pan Pan (pseudonym) and the younger daughter XiaoXiao (pseudonym). Because the couple did not have stable jobs, life was not prosperous. Faced with the living expenses of his two daughters, Zhang Lin was worried. At this moment, he met the kind boss Guan So-and-so, who said: "The milk powder and diapers of the two children can be credited first, and then repaid when they have money." It turned out that the couple divorced, Sun Mei returned to her mother's house with her two daughters, and Zhang Lin went out to work. Guan Moumou contacted Zhang Lin and asked for the child's milk powder money. As a result, Zhang Lin said that he asked for the child's mother and hung up the phone.
Guan Moumou has not found Sun Mei
Is this 25,000 yuan milk powder money
Just hit the water?
verdict
The dad who signed the credit bill paid
Guan so-and-so's intestines are remorseful, regretting that they were given credit in order to win over customers. The more he thought about it, the more angry he became, and Guan so-and-so came to the court, hoping that the law would uphold justice. Because there is no specific contact information for Sun Mei, only Zhang Lin is listed as a defendant. In March 2020, the Yingzhou Court held a first-instance trial of the case. Because of the epidemic, Zhang Lin, who is working in other places, is absent. The judge held that after the milk powder store provided Zhang Lin with the goods, Zhang Lin failed to pay the goods in a timely manner and signed it to recognize it, which was enough to prove that the creditor-debtor relationship between the two parties existed, and Zhang Lin should repay it according to law. Therefore, Zhang Lin was ordered to pay 25,000 yuan for the goods. Zhang Lin expressed dissatisfaction with this judgment, arguing that the case was a dispute over the sale contract, but in the final analysis, it belonged to the treatment of joint debts after divorce, and the court should take the initiative to add Sun Mei as a third party to participate in the litigation, and the two people jointly bear this debt.
thereupon
Zhang Lin appealed
recently
The second instance trial of the Municipal Intermediate Court was held
Zhang Lin cried to the judge that the reason for the divorce was because Sun Mei was unfaithful to him and had an affair with other men before marriage. He also said that the eldest daughter Pan Pan is not his own at all, and this money should not be given to him. Zhang Lin provided a divorce agreement, proving that what he said was true. The agreement states that Pan Panfei and Sun Mei have children in marriage, and after divorce, they will be raised by Sun Mei alone. Zhang Lin said that of the 25,000 yuan of milk powder money, he is only willing to bear the 9,000 yuan consumed by his younger daughter, and the other 16,000 yuan should be borne by Sun Mei.
The judge held that there was no problem with the milk powder shop owner Guan X claiming his rights, and on the two arrears documents, there was only Zhang Lin's signature, not Sun Mei's signature, so it can be regarded as Zhang Lin's recognition of the milk powder money, and he should bear the corresponding debt. As for his other demands, he can separately advocate them with Sun Mei.
In summary
The second instance upheld the original judgment
Zhang Lin's appeal request was dismissed
To this
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Yingzhou Evening News reporter: Chu Nannan Editor: Lu Yanping