Loan3Million or300Million

            -- how I agent with huge loan cases

 2008Years7Month day, Lu (hereinafter referred to as "the") to the Beijing second intermediate people's court said, He Mou (hereinafter referred to as the "defendant") in2008At the beginning of the year to its loan300Million yuan, if it fails, the court to order the defendant to pay immediate repayment and self2008Years6Month1Loan interest repayment day to day, also produced by the defendant signed by fingerprint300A million iou. The defendants say300Million the amount is not true, only borrowed3Million yuan. I as a defendant to entrust an agent to participate in litigation,2008Years1Month28Beijing second intermediate people's court verdict: only that3Million yuan, dismissed the plaintiff297Yuan litigation request. So, exactly how this is case, why so much controversy, the case which is worth thinking about something?

A whirling

2008Years7Earlier in the day, a30Year-old man (the defendant) to find me, said to be blackmailed, borrow3Million yuan of money, but the3Million yuan note into the300Million, and his car. I listened to the introduction, told him: "this behavior does not belong to blackmail, extortion refers to the illegal possession for the purpose, to threaten or coerce cord on the behavior of public and private property, because your car is you voluntary pledge to him, so do not constitute blackmail and impose exactions on ious can constitute fraud, forgery."

The introduction of the case is this:

The defendant and the plaintiff to2007Summer met in an electronic football club, the defendant had to2008Years1Month23Day,3Month1Day,4Month20Day respectively to the plaintiff borrowing1Million yuan, a total of3Million yuan. When the defendant offered to write an IOU, the plaintiff does not agree, said the letter too, do not have to write. But5Month20On the evening of8When the left and right sides, the plaintiff has the date, the plaintiff in the car to the defendant, the plaintiff in the signature fingerprint has written the iou.

6Month12DayAt noon the plaintiff with4A young man (including3Northeastern accent,1A southern accent) again about a defendant, and remove the3Million to300Million iou,4The man said that the plaintiff owes its debt, requiring the defendant to direct their repayment.3Million suddenly300Million yuan, the defendant was shocked, immediately mobile phone alarm, a police station police arrived on time, and the two sides to the police station for the record. The finished record police said it had to court, because they do not know exactly how much money borrowed, IOU is true, so not as a criminal case. Since then the plaintiff to the defendant and the defendant's family parents home threat. Second days (6Month13The plaintiff and day)4Men to kill the defendant and his family threatened, asked the defendant to the plaintiff will own car pledge. Pledge agreement in stress the defendant wrote: my car is mortgaged to the plaintiff, as judged by the court300Million in debt was founded in automotive debt, balance of payment such as separately300Million in debt does not hold it back the car, at the same time repayment3Million yuan.

The defendant looked impatient: "say he sued me so long time, but he is not to prosecute, drove my car to run all day, search from the Internet has had several illegal, but if the accident I Is it right? Must also bear the responsibility for compensation?"

After listening to introduce my first feeling is the defendant's statement is true, because the plaintiff as a20Multi year old youth, where300Million yuan?So the father decided to look for a talk, let him do the children work, put the car back to the defendant, the defendant to pay at the same time3Million yuan loan. The second day I write a letter to the defendant to come together to find the father. Did not expect the father listened to me very angry: "who says only borrowed3Million yuan? It is300Million, light from which I took much ah! This person how so unreasonable? Want to build, no way!"

Listen to his father's words, I feel very strange, because the father looks like somebody, can not lie in tone. So who is lying? Exactly how much money borrowed?

Two, the end of hills and rivers

If the defendant's car wasn't in the hand the defendant may not be so anxious, but now the problem is worth10Million cars in the hands of others, and all future violations, and then something else even more trouble, so the burning with impatience. How to solve this problem, I also really move their brains. Because of public security will not be accepted, only through the prosecution to solve. Litigation in two ways: one is charged for the car, but the two sides have agreement, the court may suspend the trial, asked to solve300Million yuan ious problems; two is sued for confirmation300Million IOU false, but because of who advocate who the burden, we need to provide a false evidence, difficulty is very great. Consider repeatedly, the best is to sue each other. Fortunately, by applying pressure to the call, the plaintiff has sued.

The defendant was very excited, because it have something to look forward to the day. But litigation is not smooth.

First of all, we request the court to entrust the judicial authentication institutions of judicial identification of "IOU". Identification of contentThe sign outside part of the writing (only the name for the writing) is the same as the time of writing, i.e."3000000"In the last two yuan"0"And" 3 million yuan (RMB), in2008Years5Month30A principal repaid "is added later.

Following the "IOU" full text (the original format):

But the appraisal conclusion that these words for one-off writing. The defendant is very anxious, ask me how to do, whether to apply for re identification. I am also very hesitant, if not to apply for re identification, this conclusion is clearly bad for us, because the defendant has been said"3000000"In the last two yuan"0"And capital number is added later. If apply for re identification, one is the need to pay2Million appraisal fees, will be delayed for some time, but the court is not allowed; two is the re identification also can't guarantee the identified these words is not a one-time writing. Weigh the advantages and disadvantages, I decided not to apply for re identification.

So, we request the court to obtain alarm record and the public security organs to the notes made, these materials are in our favor things; also to apply to the China Mobile Beijing branch take sides with text messages, because the defendant said both sides had the impression on the loan amount of text messages. But the results also be of no avail: alarm without what special things records and police records; Mobile Corporation said no message recording. That is to say, we failed to obtain evidence, so in this case we can still win?

Three, battle of wits

As in the case of both sides are only a piece of evidence, the evidence for the IOUs, the evidence for the car pledge agreement, so I put the main work on the inquiry and debate.

I designed a series of questions about the. The main problems are: the problem about the relations between the two sides, the necessity, possibility, borrowing loans, such as the two sides when met, how to know, how the relationship, there is no economic relations; to know whether the defendant, the defendant know much, occupation, income, repayment ability is clear; the defendant why borrowing, the plaintiff why money to the defendant. Two, the loan ability,270Million in cash (the plaintiff claimed the actual borrowing270Million,30Million as interest) the source of the problem, such as the work time, work experience, monthly income, whether tax; how the economic situation, the total number of property and cash;270Million in cash in the bank sources; whether the storage, such as storage can produce withdrawals documents, such as bank deposit so not put in what place, why not save the bank, to store huge amounts of cash at home goal; three, loan process problems, such as how the money is taken out; when why not let the defendant to write note, also did not find a witness; why then asked the accused to write IOU; according to common sense, it is the borrower to write an IOU to the lender, why not let the defendant write IOU, but the written let him fill etc..

The plaintiff to my question answer some illogical stultify oneself, others, some dodge about, such as the answer270Million large sums of money from where out that no bank, has a wooden box in the home loan deposit; answer why didn't require the defendant to write IOU, but after a few months to ask to fill write IOUs, claiming that the defendant at the time of writing IOUs, because the words scrawled, later re written answer since; why a loan note is written"1-4In August, said "270Million is a borrowed, but had repeatedly to the defendant1Thousand dollars or several thousand dollars, because only a small amount is not mentioned.

The court debate I talked about three issues: first, the Plaintiff alleged the defendant to the loan270Yuan does not accord with the facts, and not sensible. Because of the necessity for the defendant to borrow heavily couldn't explain,

The possibility of lending money also cannot explain the plaintiff. The loan ability to doubt, the plaintiff only20A few years of ordinary youth, with hundreds of millions of assets is not rich; the court the sources of funding are full of contradictions, unbelievable. The plaintiff, the loan after delivery and delivery time also Its loopholes appeared one after another. Two, the plaintiff show "IOU" serious defects, is not admissible. Because the borrower is usually issued by the Borrower Lender write IOU IOU, rarely allow borrowers to fill in the blanks, but is not printed handwriting. Although the conclusion of handwriting identification as a text on the one-off writing, but does not rule out the possibility of a short period of time to add unrecognizable, but not decided the only standard ious facts, combined with the facts of the case, there was significant doubt the authenticity, legitimacy factors make the iou. Three, the plaintiff is insufficient evidence. Because according to the civil procedure law "who advocate who burden" principle, the basis for his claim that provide evidence to prove the responsibility, the burden of proof not only requires the parties to submit relevant evidence in litigation, including the relevant evidence in the other party to submit not recognized and put forward the reasonable defense further, is the responsibility of proof, including the formation, on the sources of evidence and content to make logical and common sense explanation, to verify the authenticity of the evidence, relevance and legitimacy. A party to the case related statements of fact is China's civil procedure law, evidence, is the important basis for judging the fact that the audit is established. In this case, the plaintiff holds the signature ious asserting the existence of borrowing the fact, because the defendant was denied, but also sought to solve the conflict between the police, then the plaintiff is obliged to borrowing from time, after and so on make reasonable explanation. Because the plaintiff to borrowing facts and "IOU" content can not make logical and intuitive explanation, only by its submission of "IOU" not enough to found the real, Legitimate loan relationships, the plaintiff shall still bear the adverse consequences of insufficient, the claim shall be dismissed.

At the same time, submitted to the court of the relevant laws and regulations and the similar case.

Because both parties do not agree to mediation, the judge said the sentencing date.

Four, dense willow trees and bright flowers

   In the trial, I see the dawn of victory, so when the court will be very upset and asked me to call, I told him to wait for the good news.2008Years11Month28Morning, on this bright day, open court verdict:"......This fact is not sufficient to identify the authenticity of Lu's statement and IOU, greeting a defense opinion is more realistic, so the IOU should not be used as the basis for decision." According to sentence the defendant the plaintiff RMB3Million yuan, dismissed the plaintiff other litigation request, the case acceptance fee3Million yuan, appraisal cost2Million by the plaintiffs burden.

After hearing the verdict, not only the defendant, even I this agent also can't restrain inner excited, because although as a lawyer, winning is a very common thing, but the case is related to the life of happiness (the defendants say if lost, this300Million he is likely to have a lifetime); and the plaintiffs have the hand written note, winning a certain difficulty. Perhaps it is because of these, I on the bench arise spontaneously a tribute, a serious and responsible, business skilled, distinguish between truth and falsehood, people grief of sacred law enforcement of the respect, a like to save the critically ill patient "doctor". At the same time also very mixed feelings: the court case is based on the facts and the law; if the facts are not put it down in black and white, still lost.

    The plaintiff refuses to accept the decision, has filed an appeal.