Pick up a credit card 100,000 yuan to borrow friends, who will be responsible for being repaid after the deadline?

In order to help his friend's boyfriend "rivers and lakes", Gao Mou used his three credit cards to swipe more than 100,000 yuan to borrow funds. Unexpectedly, the other party did not pay it back for a long time.

Can the behavior of "collecting loans to financial institutions" be protected by law? Who should I find the money and interest? The reporter was informed today that the case was tried after the trial of the Liwan Court of Guangzhou.

In June 2020, Qin and his friend Gao said that his boyfriend urgently needed money and wanted Gao Mou to help. For more than a month since then, Gao Mou used his three credit cards through the POS machine provided by Qin's boyfriend, and borrowed more than 100,000 yuan to Qin's boyfriend in the form of a card.

After Qin's boyfriend repaid some of the money one after another, he no longer repaid, and then issued a "IOU" to Gao Mou to confirm that Gao's principal was 59817 yuan and interest of 7,290 yuan.

Gao Mou WeChat contacted Qin, Qin replied: "If he doesn't care about you, I will pay it back, I will pay it back without eating or drinking."

He repeatedly urged the repayment to fail. Gao Mou filed a lawsuit in the court and asked Qin's boyfriend and Qin to return the arrears and interest immediately.

The first instance of the People's Court of Liwan District, Guangzhou City: Qin's boyfriend returned 59817 yuan to Gao within ten days from the date of legal effect on the judgment; Qin bears the liability for Qin's boyfriend to settle 1/3 of the debt part. At present, the judgment has taken effect.

The Liwan District People's Court was pointed out by Deng Yongshi in the Liwan District. In this case, Qin's response in WeChat should be regarded as a sign of the intention of liability for his boyfriend's debt. The behavior of loan transfer of financial institutions was informed, so it was found that Qin had a fault.

According to Article 17, paragraph 2 of the Supreme People's Court on the Explanation of the Supreme People's Republic of the People's Republic of China on the Supreme Code of the People's Republic of China, in accordance with the principles of fairness and the principle of integrity, it is considered that Qin is decided to pay the debt involved in his boyfriend. One -third of the part of the part bears the liability for compensation. After Qin bears the liability for compensation, he can recover from his boyfriend within the scope of his responsibility.

It should be noted that the behavior of "recruiting loans to financial institutions" is not protected by law. The lender will use the credit card to "cash out" and other methods to use the loan of financial institutions to transfer loans. Although the borrowing principal can still be recovered from the borrower, it is necessary to bear the interest, handling fees or overdue repayment liquidated damages such as loans to financial institutions. And if the purpose of profit is the purpose of profit, it may be violated by criminal law.

Therefore, in order to protect their legitimate rights and interests and avoid unnecessary disputes, and suffer additional losses, lenders should pay attention to legal and use financial institutions loans in accordance with contracts. Loan is a good strategy to use its own funds to "emergency" as a friend within the scope of force.

Law link

"The Supreme People's Court on the Application of the" People's Republic of China Code> on the Guarantee System "

Article 17 Paragraph 2 The invalidation of the main contract caused the guarantee contract provided by the third party is invalid. If the guarantor has no fault, it will not bear the liability for compensation; one third.

Text/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Liwan Fatu/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhua City Editor: Li Fenghe

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