After the repayment of Ledong, he was still sued and repaid, and he found it ...

Commercial Daily News (Coconut Network/Altitude journalist Ke Yuyun Correspondent Fu Liyun) Recently, the Huangliu Court of Ledongli Autonomous County People's Court tried a civil loan dispute in accordance with the law. During the trial, it was found that the parties violated the integrity lawsuit. The plaintiff still sued the request to repay when the defendant had returned the loan. What was going on?

In February 2016, the defendant Wu Moumou borrowed 30,000 yuan from the plaintiff Shi Moumou, and agreed to pay a monthly interest of 1,500 yuan. In November of the same year, the two sides agreed to convert the interest of 5,400 yuan into borrowing, and Wu Moumou issued an IOU. In May 2022, Shi Moumou filed a lawsuit with Ledong Court, asking Wu Moumou to repay 35,400 yuan and interest.

During the trial, Wu Moumou argued that he had successively repaid the principal and interest of more than 90,000 yuan through Alipay transfer and entrusting third party Chen Moumou to Shi Moumou. It claimed its rights and submitted evidence of the case and filed a counterclaim to the court, asking Shi Moumou to return the excess interest for a total of more than 20,000 yuan. However, Shi Moumou insisted that he did not receive the loan repaid by Wu Moumou and did not recognize the evidence submitted by Wu Moumou.

In order to find out the facts of the case and effectively protect the legitimate rights and interests of the parties. After the court, the judge Wanli organized a judge to go to the postal bank to retrieve the list of bank accounts under the name of Shi Moumou, but found that Shi Moumou canceled the bank card number involved in the bank on the day of the trial, and changed the new bank to register for a new bank. The account may have the fact that it has covered Wu Moumou's repayment of the money, and there is a behavior of dishonesty in litigation. In the end, it was confirmed by the court to confirm that Shi Moumou had received the relevant money repaid by Wu Moumou. Combined with the facts and evidence that the case found, the Ledong Court decided to reject all Shi Moumou's litigation request in accordance with the law, and asked him to return the excess interest of more than 20,000 yuan to Wu Moumou from the date of this judgment. Disclosure proceedings are treated separately.

The judge stated that during the trial, the court actively played the dual role of morality and law, and guided and restrained the parties' integrity lawsuit through the implementation of the "Integrity Litigation Tips", "Integrity Litigation Guarantee", and the chaos of false lawsuits from the source. Essence According to the relevant laws and regulations of my country, the court can impose fines and detention according to the seriousness of the circumstances to dishonesty or false malicious lawsuits, which constitutes criminal liability for crime according to law. The judge reminded that in the process of litigation, it is necessary to follow the principles of honesty and trustworthiness, provide evidence in accordance with the law, and participate in the lawsuit rationally.

[Editor in charge: Chen Biyu]

[Content review: Xie Qingpei]

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