Make "cut off" break the old friendship

After a lapse of 9 years, after the procuratorial organs' supervision of the law, Cheng Jing's mother and son dumped 120,000 yuan in "wrong debt", and finally paid off all the loans. Cheng Jing also shook his hands with friends who had been looking for many years. Recently, the mother and son came to the Wujin District Procuratorate of Changzhou City, Jiangsu Province to tell the prosecutor the joy of starting a new life.

6 complaints

Many years of friends and friends pairs

The debt that Cheng Jing's mother and son bears it will start from 2013. At that time, the mother and child used the idle funds at hand to do business for private funds. When the cash demand is large, they often introduce friends and relatives around them to join, and Lin Fang is one of them. During the year, Cheng Jing had borrowed from Lin Fang and Zhang Ping, who had introduced it through Lin Fang, with a total of 18 books. Although it is known that the lending of private funds is risky, Lin and Zhang have actively participated in the business due to high income.

One year later, due to the delay in the repayment of multiple lenders, Cheng Jing's mother and child's capital chain broke, and it was unable to repay it to Lin Fang and Zhang Ping on time. After many urged removal, in 2016, Lin Fang and Zhang Ping filed a sixth lawsuit by split their own loans, asking the court to judge that Cheng Jing's mother and child repay.

The court opened the trial of these six cases. Because Cheng Jing's mother and son did not appeal in court and did not make defense, the court supported all the lawsuits of Lin Fang and Zhang Ping. After 6 civil judgments took effect, after Lin Fang and Zhang Ping applied for mandatory enforcement, the case entered the implementation session. At this time, Cheng Jing's mother and child questioned: "The amount on these rendering in the judgment is not the money we actually borrowed at all, we are not convinced!" Since Cheng Jing mother and child do not cooperate with the enforcement, the repayment obligation determined by 6 judgments is determined by the decision. It still cannot be fulfilled in 2021. At the same time, the two applied for supervision to the procuratorate because they were dissatisfied with the effective judgment.

look deep into

Prosecutor clearly clear the facts of "cutting"

After the case of the case of the Wujin District Procuratorate of Changzhou City, the prosecutor Zheng Hongzhang repeatedly reviewed the papers through meticulous and in -depth evidence, and quickly seized the key issue of "real loan amount": The arrears of 240,000 yuan, why the IOU shows 360,000 yuan, does this involve false lawsuits?

After Zheng Hongzhang carefully asked Cheng Jing's mother, son, Lin Fang, Zhang Ping, he was concealed for 9 years and finally surfaced. It turned out that during the lending process, the two sides defaulted in the debit containing "cutting interest". Among them, there was a loan. Because Cheng Jing urgently needed money, he also actively proposed to increase the amount of borrowings on the debit. However, when Lin Fang and Zhang Ping filed a lawsuit with the court, the amount of borrowing of the proof was 360,000 yuan, which concealed the "chopping interest". The real situation of borrowing the amount caused the court to make a judgment without knowing this fact.

Because of this, in the process of execution, Cheng Jing's mother and son never recognized the amount determined by the verdict. After the mother and child were included in the list of people who were lost in the dishonesty and were restricted to consumption, they had a strong conflict. For family economic difficulties, they repay only 1,000 yuan to 2,000 yuan per month. Although Lin Fang and Zhang Ping won the lawsuit, they have not been able to get back the loan for many years, and they are also very dissatisfied with the status quo of "judging useless".

After understanding the above situation, Zheng Hongzhang verified the detailed bank transaction details of the two parties and the evidence materials such as Cheng Jing's accounting book. Finally, the key evidence of the "real loan amount" was verified, and the amount of borrowing of the two parties was not 360,000. Yuan, but 240,000 yuan after the "chopping interest" and false increases.

Resolve contradictions

9 years of heart knot finally solved

After a comprehensive review, the procuratorate believed that the case was suspected of false lawsuits, and the new evidence was enough to overthrow the original verdict. After the meeting of the Procuratorate of the Procuratorate of Wujin District discussed and agreed, the court submitted a subsequent procuratorial proposal to the district court at the same time. The court of the district adopted the prosecution suggestion and ruled that the six cases were retrial.

At the same time, the prosecutor has not stopped here. "The court launched the retrial is not the purpose of handling the case. During the supervision process, it was the original intention of resolving the contradictions that the two sides accumulated for many years and solving the unsolved 'heart knot' of both parties." To this end, the prosecutor set the case handling plan in detail. First of all, from the legal level, the legal provisions in the fields of private loans and false lawsuits were explained to both parties, and the amount of "cutting" and the amount of borrowing of virtual increases were illegal. Subsequently, the prosecutor started looking for a breakthrough from Cheng Jing's mother and child, informing them that they should actively bear the repayment obligation, repay the legal loan, and guide the mother and son to resolve the dispute rationally. After the prosecutor's patience and meticulous interpretation, Cheng Jing's mother and son expressed their willingness to repay according to the actual borrowing amount, and took the initiative to increase the monthly repayment amount to show sincerity. On this basis, the prosecutor also gave reasonable suggestions to Lin Fang and Zhang Ping. The two agreed, and their attitudes gradually changed from the beginning to a positive cooperation. The actual situation of the borrowing has laid a good foundation for the handling of the case and the resolution of the dispute.

On March 10 this year, Wujin District Procuratorate sent staff to attend the trial trial.During the trial, the prosecutor and the judge jointly explained the law to promote each other's understanding of each other.After investigating the actual borrowing amount, Lin Fang and Zhang Ping also took the initiative to propose to reduce some repayments.Seeing that the other party made concessions, Cheng Jing's mother and child also changed the idea of repaying the original plan to repay, expressing their willingness to immediately raise funds to pay off the debts in court.Under the guidance of the judge, the two parties completed the transfer of money and signed a mediation agreement. Cheng Jing's mother and child also submitted an application for withdrawal."I'm going back to the money, and I am also grateful!" Lin Fang and Zhang Ping were very satisfied with the results of such treatment.

"Yes, after 9 years, I finally unbuttoned the '“' in my heart. The debt was paid off, and it was easy! "Cheng Jing also said with emotion.

In this way, the hands of Cheng Jing and Lin Fang held together again.

(The characters in the text are pseudonym)

(Source: Procuratorial Daily Author: Lu Zhijian Xia Dan)

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