What should I do if the credit card is cash out of 160,000 friends?

What should I do if the credit card is cash out of 160,000 friends? The court determined that the loan contract is invalid

Li and Ma are good friends, and neither of them have fixed work.

"Recently, I have encountered difficulties in doing business funds. Can you give me some money to turn around?" One day in October 2020, Ma Mou borrowed from Li to Li.

"I have 4 credit cards. You can use the money taken from the card, but you have to swipe the handling fee generated by the credit card on time every month." Seeing friends Ma Mou encountered difficulties, Li promised to help.

Li made credit cards in four banks, and then transferred to Ma Mou's total transfer of 160,000 yuan in a bank transfer. The two parties agreed that Ma Mou would pay off all the amount, including the cost of credit cards, before August 1, 2021.

After the agreed date, Ma refused to repay. After Li repaid the bank, he sued Ma to the People's Court of Daban District, Urumqi City, asking Ma to repay 160,000 yuan and the handling fee of more than 10,000 yuan.

On the day of the trial, Ma did not arrive in court, and the court was absent from the trial according to law. During the trial, the court confirmed that the situation was basically real based on the evidence provided by the plaintiff Li.

The court believes that the credit card as a bank as a bank to give specific cardholders' overdraft consumption, which can only shop or consume special merchants without having the function of making private loan transactions as cash. Cardholders cannot use credit cards to cash out. Article 13, paragraph 1 of the "Supreme People's Court on the Application of Laws on the Application of Cases of Civil Loan Cases" stipulates that if the loan contract for financial institutions will be transferred, the civil loan contract is invalid.

In this case, the legal relationship between the defendant was on the surface that the plaintiff lent the money to the defendant, and in fact the plaintiff lent the bank's money to the defendant after cash out through a credit card. Therefore, the plaintiff Li's behavior was not protected by the law, and the agreement between the defendants was an invalid contract.

Although the loan contract is invalid, according to the provisions of Article 157 of the "People's Republic of China": After the civil legal behavior is invalid, after being revoked or determined that the property obtained by the behavior shall be returned due to the property obtained by the behavior. ; If it cannot be returned or there is no need to return, the discount should be compensated. The party with faults shall compensate the other party's losses; if all parties have faults, they shall bear the corresponding responsibilities. If the law has other provisions, in accordance with its regulations.

According to this, in August this year, the court judged that the plaintiff Li and the defendant Ma were invalidated in the first instance, but the defendant Ma should pay 160,000 yuan to the plaintiff Li Mou. More than 10,000 yuan in lawsuit.

Law link

Article 13 of the "Supreme People's Court on Several Issues of Application of Laws on Civil Loan Cases" stipulates that if one of the following circumstances, the people's court shall determine that the private loan contract is invalid: (1) to collect loans to loans of financial institutions; (2) The loan of funds obtained by borrowing loans from other profit -making legal persons, raising funds from the employees of the unit, or illegal absorption of deposits from the public; If the unspecified object provides loans; (4) the borrower knows or should know that the borrower's loan is still provided for illegal and criminal activities; (5) those who violate laws and administrative regulations;

Pomegranate cloud/Xinjiang Legal Daily reporter Zhang Xiu correspondent Xue Hai

- END -