After the hearing, the 4 -year dispute is pressed the "termination key"

"You have done so many jobs for my business, and a public hearing will be held for me to interpret it. I will return a lot as soon as possible." On August 10, the Luohe City Procuratorate of Henan Province was together After the prosecution supervision case was closed, the applicant Chen told the prosecutor of the case.

From 2016 to 2018, Chen successively borrowed 500,000 yuan from Song and Guo, and the interest agreed to be "3 points a month". Because Chen has not been repaid as scheduled, in July 2018, Song and Guo complained Chen to Zhaoling District Court of Luohe City. Zhaoling District Court sentenced Chen to pay 500,000 yuan and interest in the first instance of the borrowing. Chen believes that the third person Jiang has repaid some principal and interest on his own, but the court did not determine it. Due to the refused to accept the judgment of the first instance, Chen appealed to the middle -level court of Luohe City. In February 2019, the Luohe Intermediate Court ruled that the incident was returned to the Court of Court of Tingling District for retrial. On March 19, 2019, the Court of Zhaoling District accepted the case and made a judgment on September 17 of the same year: Chen repaid more than 30,000 yuan and interest (from June 2, 2018 (June 2, 2018, according to the same loan of the same period of the same period of the People's Bank of China The interest rate calculation until August 19, 2019, from August 20, 2019, the loan market quotation interest rate announced by the National Bank of China Interbank Borrowing Center will be calculated until the date of the payment of the payment). Chen, who is a professional lender, should not assume the liability for the interest of the loan interest, and should be deducted from 5,000 yuan of "cut interest" in the principal. Court. After the second trial and retrial of the second trial and retrial of the Langhe City Intermediate Court, it was returned to the Court of Court of Zhaoling District for review. In the end, the court still sentenced Chen to pay more than 300,000 yuan and interest. In May this year, Chen applied to the Luohe City Procuratorate for supervision.

In the process of reviewing the case, Luohe City Procuratorate found that Song and Guo provided funds to earn funds to make profits to unspecified objects in the society. In the "National Court of Civil Affairs Trial Works Conference", the borrowing contract signed by Chen and Song and Guo Mou is an invalid contract, and the interests claimed by the contract should not be supported. The cost of the borrowing principal. After collecting relevant guidance cases, the prosecutor handling the case, focusing on the controversy of interest calculation and principal offices in this case, and the department personnel who fully discussed with department personnel, finally determined that the original judgment did not have problems with the facts of the borrowing relationship between the two parties, but in interest calculation of interest calculation There are problems with the principal offset.

In order to reduce the lawsuit of the parties and resolve the contradictions between the two parties as soon as possible, the Luohe City Procuratorate organized a public hearing and invited people's supervisors and lawyers to serve as a hearing to explain the law from different professional perspectives and let the parties fully express their demands.

During the hearing, Du Yongzhao, the prosecutor of Luohe City Procuratorate, who served as the host of the hearing, first pointed out the focus of the controversy in the case: the borrowing contract between Chen and Song and Guo in the original judgment should be identified as an invalid contract in accordance with relevant laws and regulations. When the contract is invalid, it is still based on whether the interest of the repayment and the performance of the contract is found in the law.

After fully discussing the hearing of the meeting, the amount of borrowing between Chen and Song and Guo was 500,000 yuan. Previously, the third person Jiang had returned some principal and interest on behalf of Chen. In the case of invalidation, the interest returned by the "3 -point interest" should be offset; Chen should pay Song and Guo to pay the funds to Song Mou and Guo from the same period of the same period of the same period of RMB loans.

After the hearing, the two parties expressed their willingness to reconcile on the spot. On August 10 this year, the two parties reached a settlement agreement: Chen returned more than 260,000 yuan in the borrowing principal, and paid from Song and Guo from the benchmark interest rate of similar RMB loans in the same period in the same period. Funding fee for the day. Chen subsequently withdrew the application for supervision, and the four -year civil loan disputes finally resolved.

(Source: Procuratorial Daily Author: Liu Lixin Huang Xindi)

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