Hunan French aid Story ｜ Because of 4700 yuan borrowing, friends of the book are reversed.

Hunan rule of law reporter Luo Xia correspondent Zhang Du

Originally, a kind of good borrowing gave others an emergency, and did not think that after a few years, he did not get back the arrears and was injured and was hospitalized for 20 days. In the first half of 2022, Xiao Mou, a retired soldier, had to ask the Anhua County Legal Aid Center to finally get the compensation in court.

The arrears are not returned to injury

Four years ago, Deng, Anhua County, borrowed 4,700 yuan from Xiao. Four years later, Xiao Mou, who had not been in the arrears, had no longer communicating with Deng again, and went to Deng Mou's debt with his wife Huang, brother Xiao Moumou, and friend Jiang Moumou.

At 20:00 on February 5, 2022, when Xiao and others took the vehicle to Deng's house, Deng was stopped by the news that the news came.

Deng chased Xiao Mou with a kitchen knife, causing Xiao Mou's head, right buttocks, and right thighs to be chopped.

After Xiao was injured, he was hospitalized at the Second People's Hospital of Anhua County, Anhua County People's Hospital, and Changtang Town Health Center for 20 days. Deng did not give any compensation. Deng was detained for 10 days by law and fined 500 yuan.

It is hopeless to negotiate, and Xiao Mou brings relevant materials to the Anhua County Legal Aid Center to apply for legal aid.

Xiao Mou is a retired soldier and has financial difficulties in the family. He is now applying for legal aid due to personal damage compensation, which meets legal aid conditions. The County Legal Aid Center assigned a lawyer of Hunan Zisheng Law Firm Luo Bin to host the case.

Luo Bin made detailed inquiries on Xiao Mou's living conditions, causes of injuries and passing, injury, requirements and willingness to compensate for compensation, and previous coordination. Xiao provided evidence such as the Public Security Organ's "Administrative Penalty Decision", medical records, medical lists, medical expenses receipt, judicial appraisal opinion and appraisal invoice.

After the court filed the case, Luo Bin applied for all the dossier materials to the public security organs to retrieve the case of the public security penalty case, so that during the trial, he could make a depending on the defense based on the trial to maximize the compensation for Xiao.

In the past, my friends paid for the book

On April 19, the case was held in the Anhua County People's Court. Luo Bin proposed to the undertaking judge to organize the mediation before the two parties.

During the mediation process, Deng proposed that Xiao and others spoke well and threatened themselves when calling for debt. After getting off the car, they first smashed themselves with stones. They used a kitchen knife to be legitimate defense and should not bear any compensation liability. And his economy is very difficult, there is no source of work and income, and even 4700 yuan will not afford it, let alone get money to compensate.

Luo Bin immediately refuted his statement based on the file of the Paper of the Police Station, and believed that there was no other evidence to confirm the statement except Deng himself. Xiao Mou's debt collection in his home is a legitimate and legal exercise of civil rights without any fault.

At this time, Xiao also insisted that Deng was fully compensated by the amount of 21888 yuan claimed by the prosecution.

The gap between the negotiations between the two parties was too large, and the mediation work fell into a deadlock.

Xiao and Deng once were friends with good relationships. They often helped each other to respond to each other, and should have a strong foundation.

Luo Bin decided to use this as the entry point to say Deng Mou's explanation. "There is no fault in arrears, let alone to cut people with a knife when the creditors come to ask for accounts. They should have assumed all compensation liability. Considering that you have no repayment because the previous parties have poor communication and misunderstandings generated by words and words. As a result, you mistakenly think that the debt has been offset, and there is no subjective malice that has no account. "

Luo Bin turned to Xiao and said, "As a retired soldier, he should have the general grace and openness of the generals.

According to facts, laws, and possible litigation results, the undertaking judges and agents of both parties analyzed various advantages and disadvantages to both parties. In the end, Xiao voluntarily gave up some of the losses, and Deng paid 1,6800 yuan in one time in court.

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