This "confused account" finally clarified ｜ 9:30 tonight

I have repaid the loan but I have no time to return

Related WeChat records in the mobile phone are deleted again

Dangdian claims to repay through litigation

And get the support of the court

The debtor carries two desktop computers

Entering the procuratorate

Application for this civil lending dispute case

Supervise

Native

"Two years! From August 2020, the court made a first -instance judgment and asked me to repay 217,000 yuan to today's production mediation letter only allowed me to repay 95,200 yuan. The strong supervision of the procuratorate made me finally believe that fairness and justice will come!"

A few days ago, Zhang Mou, an application supervisor of a civil case, came to the Chibi City Procuratorate, Hubei Province. While showing the prosecutor's civil mediation letter to the prosecutor, he emphasized that "Yang finally acknowledged that the money on the 5th debit was not the money on the trial was not the time. New borrowing ". Seeing that the mediation letter contained "the last 87,000 yuan borrowing did not actually happen", the prosecutor of the case was relieved.

Apply for supervision

Carrying two computers to testify

"Trouble let me, be careful not to hit ..." One day in April 2020, Zhang came to the Civil Administrative Procuratorate of Chibi City Procuratorate with two desktop computers, saying that he had just returned from the high -speed rail from Shenzhen to the high -speed rail from Shenzhen. Chibi came straight to the procuratorate when I got off the car. Zhang said that the reason why he carried two computers came to the procuratorate because the computer kept his WeChat chat history with Yang, and those chat records recorded the passage of borrowing and paying money between him and Yang.

After listening to Zhang's telling, the prosecutor felt even more strange. WeChat chat records were easier and faster to view with mobile phones. Why do you have to carry two computers back to back? Zhang explained helplessly: "Speak out that you don't believe you, the chat records in my mobile phone have been deleted by Yang!" The prosecutor asked Zhang, how could his mobile phone easily delete the chat history by others? Intersection Zhang said that if you find someone to borrow money, many things naturally have to listen to others.

In the related documents submitted by Zhang, the prosecutor roughly learned about the basic case-

In 2019, Zhang Jingren introduced Yang. From November 2019 to March 2020, Zhang turned to Yang due to business week and issued five rendering from him, recorded: 30,000 yuan on November 1, 2019, and borrowing on November 9, 2019 40,000 yuan, 30,000 yuan in borrowing on November 14, 2019, 30,000 yuan on December 9, 2019, and 87,000 yuan on March 17, 2020. In June 2020, Yang held a lawsuit to the Chibi City Court holding the above five borrowings. Zhang did not attend the trial for some reason. The court was absent from the above -mentioned discretion of the court to return to Yang to repay 217,000 yuan. Zhang did not accept the judgment and applied to the court for retrial. The court believed that Zhang was appropriate to exercise the right to appeal, and violated the basic principles of the final trial system of the Civil Procedure Law. Because Yang deleted a chat history involved in the repayment details between Zhang's mobile phone, Zhang had to carry two computers to the procuratorate with two computers to save the chat history, and repeatedly emphasized that some loans have actually been paid off, but it was just clearly paid off, but it was just clearly paid off, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clearing, but it was just clear, just Related debit is not recovered, and it should not be repaid according to the amount of the court's decision.

Survey

WeChat transfer records piercing lies

After careful review and investigation, the prosecutor found that there were many doubts between Zhang and Yang's "confused account": Yang said in the court trial of the court. Cash payment and the principal have not been paid. Today, the mobile phone payment is so developed, and the large amount of money is paid with cash. Some unreasonable common sense of transaction; the last loan of the two parties is 87,000 yuan, which is not a decimal number. Under the circumstances of the first four borrowings, Yang Why did a certain borrow of large amounts to Zhang? In addition, the last borrowing time was March 17, 2020, when Hubei was in a strict period of epidemic prevention and control. Is the cash borrowing behavior between the parties not affected and restricted?

In response to these doubts, the prosecutor asked Zhang with a careful inquiry. Zhang said that Yang's borrowed money was not all paid for cash. He had repaid Yang by more than 100,000 yuan, and he had WeChat transfer records and WeChat chat records confirmed, but he did not get it back. Zhang also emphasized that the so -called 5th 87,000 yuan borrowing was not a separate borrowing, but the settlement of the two parties on the first few borrowings.

Subsequently, the prosecutor conducted a detailed investigation of the "cash payment" of Yang's borrowing "cash payment" -according to the WeChat transfer electronic voucher provided by Zhang, on October 31, 2019, Yang Mou made each time each direction each time. Zhang Mou's WeChat transfer 10,000 yuan for a total of 30,000 yuan; on November 14, 2019, Yang transferred to Zhang's WeChat for 10,000 yuan, 10,000 yuan, and 0.615 million yuan, totaling 26.15 million yuan; Zhang provided by Zhang, on December 9, 2019, Yang used his credit card to swipe 24,000 yuan on the POS POS POS POS machine. The record shows that the actual amount is more than 23,000 yuan. The time and amounts of these transactions are highly consistent with the time and amount recorded by the three borrowings recorded on November 1st, November 14th, and December 9, 2019.

According to evidence such as WeChat transfer electronic vouchers, bank flow and WeChat chat records provided by Zhang, the prosecutor found that from the date of the first discreation of the first discreation of the first discreation of the first discreation to March 17, 2020 On the day of the issuance, Zhang transferred to Yang with a total of more than 130,000 yuan to Yang through WeChat. After March 17, 2020, Zhang still transferred more than 17,000 yuan to Yang through WeChat. If Zhang's transfers are not repaid the loan, what's the matter with these transfers? In order to further find out the truth, the prosecutor decided to investigate Yang. At the beginning of the investigation, Yang insisted that the 217,000 yuan borrowed to Zhang was all cash payment and Zhang had not paid a penny. The prosecutor then placed the bank account dialogue submitted by Zhang and the WeChat chat history of the two was in front of Yang, asking Yang to transfer 30,000 yuan and "the money has been transferred to him on January 6, 2020," ... I will give it to you ... I will give me the 2,000 yuan margin tomorrow, and burn it directly. "The WeChat chat content of the WeChat chat is explained in detail. At the same time, the prosecutor asked Yang to explain in detail about the source of cash, delivery time, place, and relevant person's certificate of each debit.

At this time, Yang changed his mouth and said: "Zhang's transfer to me is just to repay the previous borrowing." Yang also submitted the details of the WeChat transfer income and expenditure details between him and Zhang's bank account to the undertaking prosecutor. Essence These information submitted by Yang just confirmed the evidence such as WeChat transfer electronic vouchers, bank flow, and chat history submitted by Zhang. The prosecutor believes that the time and amount of Yang's transfer to Zhang and swiping the card with Zhang issued the borrowing time and amount of Zhang, which is enough to confirm that Yang did pay some borrowings to Zhang through the electronic transfer method. All the borrowings referred to are paid by cash. Yang may have false statements during the trial, and Zhang is likely to repay part of the loan.

Follow up supervision

Restore the truth retrial reversal

So, is the fifth debit, the last 87,000 yuan debit is it the settlement of the settlement or a new loan? The prosecutor's analysis believes that, first of all, there is no transfer payment voucher for this loan, and there is no evidence to prove that cash payment; second, after the first four loans have been transferred and repaid by Zhang, the remaining borrowings and interest are added to 87,000 yuan to 87,000 yuan Roughly equivalent; again, the time of the loan was March 17, 2020, when Hubei Province was in a special period of the new crown pneumonia. The document of "the implementation of the closed building in the urban residential community ...", and talked with Yang in WeChat, "Three months have been interesting." Zhang said, "Waiting for things, I will meet you, all of them say clearly." Yang replied, "Okay, don't say interest, you know that I have a lot of money." Although the above evidence cannot be directly confirmed that the 87,000 yuan debit on March 17, 2020 is the voucher issued after the final settlement, but the combination of repayment records and WeChat chat records can indirectly prove that 87,000 yuan is not the fact that it is not a new loan.

Subsequently, the Chibi Procuratorate issued a retrial prosecution proposal to the court on the grounds that Zhang had repaid some of the borrowing and 87,000 yuan. The court believes that the two have a lot of economic exchanges, and it cannot prove that Zhang's transfer to Yang is to pay the loan. If the rendering of 87,000 yuan is settlement, Zhang will recover the first four rendering, and then the prosecution suggestion of the retrial prosecution is recommended No adoption.

The Chibi Procuratorate decided to follow up the supervision of the case and submitted it to Xianning Procuratorate. The Xianning City Procuratorate filed a protest, and the Xianning Intermediate Court instructed the Chibi City Court to re -examine the case.

In the court's retrial, Yang acknowledged the fact that 87,000 yuan borrowed did not actually happen. In the end, the court re -reviewed that the borrowing of 87,000 yuan on March 17, 2020 did not actually occur. The debit was that Zhang had borrowed from Yang four times before and repaid multiple times and after the settlement of both parties. Some issued. On the basis of identifying the facts, the court organized both parties to mediate. After mediation, Zhang and Yang voluntarily reached a mediation agreement, and Zhang repaid the borrowing and interest owe of Yang Mou in a total of 95,200 yuan.

Prosecutor

Civil lending must have a sense of evidence

With the in -depth development of the market economy, the economic exchanges between citizens have become increasingly frequent, and civil lending disputes are increasingly poured into judicial organs. In a civil loan dispute in the court, if the debtor cannot provide valid evidence to prove his repayment behavior, it may assume the consequences of the incompetent proof and eventually lead to a defeat. In order to effectively avoid disputes and safeguard their legitimate rights and interests, in the process of civil lending, debtors should attach enough attention to the two situations:

The first is to repay the loan, but forget to take back the debit. The repayment behavior in the legal relations of private lending is the same as the loan behavior, and it should also pay attention to the collection of evidence materials. In this case, for the situation where the repayment person has repaid but has not recovered the debit, the repayment person can prove his repayment behavior from other aspects, such as the repayment of the bank through the bank If you repay, you can apply for WeChat transfer electronic vouchers to Tencent. You can also indicate the transfer of transfer and save the chat history during the transfer.

In the borrowing relationship, both parties should raise awareness of evidence. Try to avoid cash transactions when borrowing or repayment. When the lender provides loans, transfer payment vouchers, and debit must not be less;Back, destroying IOUs.The second is to pay attention to collect repayment vouchers.It is used to prove the material that has been repaid, which can be a bank transfer voucher, or the receipt of the receipt of the repayment issued by the lender."Already received repayment" and other words.The repayment voucher is particularly important for the debtor. After paying off the loan, the debtor should pay attention to collecting and retaining relevant vouchers to avoid unnecessary trouble and disputes.

(Source: Prosecutor's Daily Author: Liu Yiting Wang Ping and Lu Mengqiu Comic: Yao Wen)

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