Due to difficulties in operating capital turnover, the defendant borrowed 30,000 yuan from the plaintiff on March 18, 2019, and verbally agreed that the monthly interest of 600 yuan would be paid in a lump sum by the end of May 2019, and the plaintiff paid the defendant 30,000 yuan in cash, but so far the defendant has not fulfilled the obligation of repayment and interest payment. In order to safeguard the legitimate interests of the plaintiff, a lawsuit was filed in accordance with law.
Defendant Chen Libo did not appear in court, did not reply, and did not submit evidence.
The plaintiff, Xiong Guanghai, submitted the following evidence around the litigation claim and signed the "Letter of Guarantee of TruthfulNess":
1. 1 copy of the identity of the plaintiff and the defendant.
2. 1 original IOU.
3. The testimony of Yao Mou, a witness in court, confirmed that she was friends with both the plaintiff and the defendant. Chen Libo was doing the underground palace business of Longyin Temple in Changning County (the place where the ashes were placed), in March and April 2019, Chen Libo borrowed 30,000 yuan from Xiong Guanghai for business turnover, the location of the loan was located in Changning County, which Chen Libo rented, she was also present at the time, Xiong Guanghai lent cash, the loan was written by Chen Libo himself, and the "witness Yao Mou" was written by himself. Later, I heard Xiong Guanghai say that Before September 2019, Chen Libo had paid him several times, a total of several thousand yuan.
Combined with Xiong Guanghai's in-court statement, this court found the facts as follows: On March 18, 2019, defendant Chen Libo borrowed 30,000 yuan from the plaintiff Xiong Guanghai due to the turnover of operating funds, and issued an IOU stating that "I borrowed 30,000 yuan (30,000 yuan) from Xiong Guanghai today." Pay off in one lump sum by the end of May 2019. The interest incurred on the credit card is borne by Chen Libo. This evidence. Borrower: Chen Libo, ID card 5125331962××××××××. March 18, 2019. Witness: Yao Mou".
During the trial, Chen Libo bore the interest arising from the "credit card" stated on the IOU. And witness Yao testified that "Chen Libo had paid him several times before September 2019, a total of several thousand yuan. "。 Xiong Guanghai stated that Chen Libo borrowed one of his credit cards on August 1, 2018, and when Chen Libo returned the credit card to him on March 18, 2019, the arrears on the credit card were still a few thousand yuan and had not been paid off, and he first repaid the credit card arrears with his own money, and then Chen Libo repaid him with cash before September 2019. The few thousand yuan that Chen Libo paid was not repaid for this loan.
The Court held that a loan contract between natural persons shall take effect when the lender provides the loan. After Xiong Guanghai delivers the cash to Chen Libo, the loan contract between the two parties comes into effect, and Chen Libo shall repay the principal according to the period specified in the borrowing treaty. Article 29 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases (2020 Amendment) states that "where the borrower and the lender have agreed on the overdue interest rate, the agreement shall prevail, but only to a limit of four times the quoted interest rate of the one-year loan market at the time the contract is formed." Where the overdue interest rate is not agreed upon or the agreement is unclear, the people's court may distinguish between different circumstances to handle:
(1) Where neither the interest rate for the borrowing period nor the overdue interest rate is agreed, and the lender claims that the borrower bears the liability for default on the overdue repayment from the date of overdue repayment, the people's court shall support it. Xiong Guanghai sued Chen Libo to pay overdue interest at an annual interest rate of 6% from June 1, 2019 to the date of payment of principal and interest, which is in accordance with the law and calculated to 1580 yuan for April 17, 2020. Interest from 18 April 2020 to the date of principal and interest repayment will also be calculated according to the above criteria. Chen Libo's refusal to appear in court to participate in the litigation without a legitimate reason after being lawfully summoned by this court is deemed to have automatically waived the right of defense and does not affect the trial of the case. To this end, in accordance with Articles 206, 207 and 210 of the Contract Law of the People's Republic of China, Article 29 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases (2020 Amendment) and Article 144 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:
The defendant Chen Libo returned the principal amount of the plaintiff Xiong Guanghai's loan of RMB30,000 and interest of RMB1,580 within 10 days of the effective date of this judgment. Subsequent interest calculations are based on the outstanding principal at an annual interest rate of 6%, from 18 April 2020 until the date of full payment of principal and interest.
If the obligation to pay money is not performed within the period specified in this judgment, the interest on the debt during the period of delayed performance shall be doubled in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China.
The case acceptance fee was 365 yuan, which was borne by the defendant Chen Libo of 295 yuan and the plaintiff Xiong Guanghai was 70 yuan. (Excerpt from China Judgment Network, if there is infringement, please contact to delete)