Find out the real borrower

"The moment I got the notice of protest, tears came out. Although this notice was only one page, it was a bouquet of light for me ..." Recently, the prosecutor of the Hohhot City Procuratorate of Inner Mongolia Autonomous Region received a gratitude. Believe, the writer is Li. Seven years ago, she had just graduated from a company because she signed the loan contract according to the requirements of the company's legal representative, and she bears huge debt. Under the supervision of the procuratorate according to law, Li finally got rid of the wrong debt of about 6 million yuan.

Signed by the company's boss instruction

In 2015, after graduating from Li University, he joined a company in Hohhot and became a cashier. On August 13 of the same year, Wu Mou, the legal representative of the company, took Li to "go to the company to borrow a model" and promised that only Li Mou signed the flow of water. The responsibility was borne by the company and had nothing to do with Li. Li signed a loan contract with a small loan company in accordance with Wu's instructions. The contract stipulates that a small loan company borrows 4 million yuan from Li, with an annual interest rate of 21%. At the same time, a company and Wu signed a guarantee contract with a small loan company to bear the joint guarantee responsibility for the loan. On the same day, a small loan company transferred 4 million yuan to someone's account. Shortly after the incident, Li left and returned to his hometown.

In April 2017, because the borrowing failed to repay on time, a small loan company sued Li, a company, and Wu to ask Li to pay about 6 million yuan in principal and interest. Guarantee responsibility.

After receiving the court's subpoena, Li was covered. She rushed to Hohhot City to discuss Wu, and Wu told him not to worry, and she would deal with any problems. Li returned to his hometown at ease, and Wu appeared in court as his litigation agent.

During the trial, the court believed that the current evidence showed that the borrowing contract was the true meaning of both parties, and the bank transfer of the transfer of water proof that the small loan company had completed the delivery obligations to borrow from Li, and the loan relationship was effectively established. In October 2018, the court ordered Li to bear the repayment responsibility of about 6 million yuan in principal and interest, and the company and Wu be assumed the liability for repayment.

Wu, as Li's litigation agent, received his judgment on his behalf. Although he filed an appeal, the court automatically withdrawn from the appeal because he did not pay the litigation fee on schedule. The first trial judgment had legal effect, but Li knew nothing about the results of the judgment.

Acceptance of supervision applications, find out hidden love behind

In June 2020, Li found that his bank card was frozen and limited to high consumption. At this point, she knew that she had put on a debt of about 6 million yuan and was listed as a dishonesty.

In August 2021, after consulting with many parties, Li applied to the Hohhot Procuratorate for supervision. After the court accepted the case, the prosecutor quickly contacted Li. "Prosecutor, I am only 27 years old this year, but I inexplicably bears the debt of about 6 million yuan. My life will be destroyed ..." Li cried on the phone.

A newly graduated college student is not rich at home. The use and motivation of a large borrowing of 4 million yuan are not in line with common sense, and the company he is working is the guarantor of the loan. Is there any hidden love?

After asking Wu, Li and Li, and the bank flow of the 4 million yuan borrowing principal, the prosecutor found that a small loan company did transfer 4 million yuan to Li, but Li Mou was on the small loan company on the day of the receipt. In front of the staff, the original road was transferred to the account of a small loan company 4 times through the mobile banking. However, Wu did not state the fact that the money was turned to the court.

Wu told the prosecutor that due to the difficulty of capital turnover in a company, there were multiple borrowings with a small loan company and have not yet repaid. New and old. " At the same time, Wu Mou recognized that a company was the actual borrower of the loan, and Li was just a nominal borrower.

Prosecution to make a protest and let the actual borrower bear the responsibility for repayment

This case is a typical "borrowing", and the key problem is that the subject of the repayment obligation of the loan contract is Li or a company.

The procuratorate believes that although the content of the loan contract provided by a small loan company, Li is a borrower on the contract, but the evidence chain of the comprehensive case and the background of the contract signed between the parties, the overall contractual situation, the contract performance of the contract, and the performance of the contract,, the contract performance, the contract performance, the contract performance, the contract performance, and the performance of the contract,, the performance of the contract,, the contract performance, the contract performance, the performance of the contract,, the performance of the contract, the contract performance,, the contract performance, the contract performance, the contract performance, and the performance of the contract. In the end, the borrowing is waiting, and a company and Wu are the actual users of the real borrowing and borrowing. A company and Li Mou have formed a de facto anonymous agency relationship, and combined with a long -term, multiple loan relationship between a company and a small loan company, and Li Mou's office at a small loan company immediately pass the borrowing through the mobile banking to transfer the loan to the phone bank. Judging from the situation, a small loan company knows that a company and Wu are actually borrowers.

Therefore, the true meaning of a small loan company signed a loan contract is to provide a loan to a company of the actual borrower. Li is not a borrower or the actual user of the loan. The actual borrower and Wu were responsible for repayment.

In November 2021, the Hohhot Procuratorate filed a protest to the court. During the trial, a company and Wu in court expressed their response to the prosecutor's protest opinions and were willing to bear the corresponding repayment responsibilities. The person in charge of the small loan company also recognized the relevant facts after arriving at the court, and agreed to the company and Wu be assumed the principal and interest of about 6 million yuan.

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