The Huanghua Court tried a civil loan case together -the wife did not bear the debt owed by her husband
Author:Cangzhou today Time:2022.07.04
The husband and wife's investment fails, and the spouse must repay the debt together? uncertain! Recently, the People's Court of Huanghua City tried a civil loan case. The plaintiff Zhang sued the debtor Li's wife Liu, asking Liu to bear the common repayment responsibility for the debt owed by Li's investment failure. The court rejected Zhang's lawsuit with strict trial.
It is understood that at the end of 2015, Zhang signed an agreement with Li, agreed to operate a chain pharmacy together. During this period, Li borrowed from Zhang in his personal name. At the beginning of 2016, the pharmacy cooperation operation agreement signed by the two parties terminated. After liquidation, Li owed Zhang a total of 2.7 million yuan. Zhang complained to Li to the court, and the two sides were mediation, agreed that Li would pay off the arrears by the end of March 2017.
Because Li failed to repay on time, Zhang asked the Huanghua Court for demands, and asked Liu to bear the liability for liability for the above debt on the grounds of the relationship between Liu and Li's husband and wife.
After hearing, the court believed that during the period of the plaintiff and Li, the debt of 2.7 million yuan was borrowed from the plaintiff in the name of the plaintiff. The amount was huge and obviously exceeded the normal daily needs of the family. Secondly, in the pharmacy operation, the defendant Liu was neither a investor nor the actual participation in the operation. The plaintiff did not prove that Li used the pharmacy operating income to use the husband and wife's common life. In addition, Liu has not signed confirmation and has not been confirmed afterwards. Therefore, the court shall not support the claim that Liu's claimed by Zhang, and the court shall assume a liability for liability for liability.
(Reporter Li Shengzhe correspondent Men Fengjiao)
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