After one -fifth -fifth month, the monthly interest rate was written as a monthly interest rate of 0.015%...

A neighbor across the wall complained to the court due to a loan dispute. Until the book of the book, the creditors realized that the monthly interest rate agreed by the two parties was five and 0.015%of the one is not the same! After the court's verdict was refused, after the appeal and application were rejected, the creditors filed a supervision application to the procuratorate. This special case made the prosecutor of the case committing difficulty-

"Civil lending disputes are one of the most common civil disputes in life. In such disputes, the most critical evidence is to discrete. When issuing a debit, the words should be as concise as possible, do not use ambiguous language; Said 'one point of interest', write Chinese characters 'one point of interest', don't take it for granted to write 0.01%, and be sure to indicate whether the annual interest rate or monthly interest rate ... "Recently, the Civil Prosecutor's Civil Procuratorate of the Qingyang Procuratorate of Gansu Province, Gansu Province When the prosecutor of the department conducts publicity, the case of non -governmental lending disputes commonly issued in life responds to the legal consultation of the masses.

Cases that were asked by the prosecutors of the institute as "Pu Pu" are often hung on their mouths, which is the case of civil lending disputes that occurred in the Gansu Provincial Procuratorate two years ago. With a little curiosity, the reporter came to the Sixth Procuratorate of the Gansu Provincial Procuratorate to conduct an in -depth interview with the case.

Disputes caused by borrowing

Neighbors

"Mao Rongcan owed me 130,000 yuan, why did the court only sentence him to 50,000 yuan? We really can't figure out this reason!" On July 28, 2020, the Qingyang Procuratorate received a pair of interviewed middle -aged couples, male, male The woman is not speechless, the woman is full of grievances. Because of the inadequate judgment of the court, the couple came to the procuratorate and hoped that the procuratorate would supervise and fair the fairness in accordance with the law.

After preliminary review, after the Civil Prosecutor's Department of Qingyang Procuratorate accepted the supervision application of the couple, the prosecutor retracted the case of the case and found that the civil loan dispute was unusual —

The couple who came to apply for supervision, the husband was named Zhang Xuhui. The Zhang Xuhui and his wife Mao Rongcan, the borrower they said, were villagers in the same village, and they were still neighbors across the wall. The two had a good relationship before. Since 2000, Mao Rongcan began to do a small business, and later had the problem of tight funds, and then borrowed from Zhang Xuhui. Because Mao Rongcan's promised interest was much higher than the bank's deposit interest, Zhang Xuhui was happy to lend money to him. In 2006, Mao Rongcan borrowed more than 90,000 yuan from Zhang Xuhui, and agreed that the monthly interest rate was one fifth. In 2009, Mao Rongcan once again borrowed more than 60,000 yuan from Zhang Xuhui, which also agreed to the monthly interest rate of one fifth.

In the first few years, Mao Rongcan could basically settle a year with Zhang Xuhui. After the annual end of the interest, the two parties have renewed again, and they have been working well. Later, Mao Rongcan was deceived because of his business, and the losses were not small, and the interest kept dragging.

On September 19, 2015, the two parties settled the 90,000 yuan borrowed in 2006, and calculated a total of 152,240 yuan in principal and interest. After Mao Rongcan paid the interest, he renewed to Zhang Xuhui. On October 10, the two sides settled the 60,000 yuan borrowed in 2009, and calculated a total of 96,760 yuan for the principal and interest of the loan. Mao Rongcan also issued an IOU to Zhang Xuhui after paying the interest, and also stated that the monthly interest rate was 0.015%on the IOU. Later, Mao Rongcan repaid 100,000 yuan to Zhang Xuhui on August 4th and September 22, 2017, respectively, a total of 200,000 yuan, but there has been no repayment since then.

Zhang Xuhui urged for a year and saw that Mao Rongcan had been unable to pay money. In January 2018, Mao Rongcan sued Mao Rongcan to the Xifeng District Court of Qingyang City, and asked the court to determine that Mao Rongcan returned his remaining borrowing principal of more than 130,000 yuan and paid to pay. Interest from September 22, 2017 to the date of debt pairing.

Interest calculation dispute

If you don't accept the judgment, it is difficult to flatten

In court, the two sides argued on the calculation standards of the remaining borrowing principal and interest.

When the judge asked "whether the 0.015%on the borrowing entry is a monthly interest rate or an annual interest rate", the two answered "the monthly interest rate." The judge also asked, "Is the monthly interest rate agreed to borrow a month and five?" Zhang Xuhui replied "yes", and Mao Rongcan only answered "I used to borrow one point and five."

The court of first instance held that the specific amount of the remaining loan principal was different, Zhang Xuhui and Mao Rongcan did not say that Zhang Xuhui said that the remaining loan principal was more than 130,000 yuan, and Mao Rongcan said that the remaining borrowing principal was only 40,000 yuan. Because Mao Rongcan repaid a total of 200,000 yuan in a total of interest or the principal agreed unknown, it should be regarded as no agreement. According to the relevant judicial interpretation, Mao Rongcan returned 200,000 yuan should first be replaced with a monthly interest rate of 0.015%of the interest of 881 yuan, and the remaining 199119 yuan was turned on the principal. Therefore, as of September 23, 2017, Mao Rongcan still owed Zhang Xuhui to the principal of 49,881 yuan. In summary, the court ruled that Mao Rongcan returned Zhang Xuhui to borrowed 49,881 yuan, and paid interest from the monthly interest rate of 0.015%from September 23, 2017 to the date of repayment.

It was not until this time that Zhang Xuhui realized that the monthly interest rate of 0.015%written on the debit was not the same as the monthly interest rate agreed by the two, and the difference was far. He immediately filed an appeal to the Qingyang Intermediate Court, asking the court to judge that Mao Rongcan repaid the remaining principal and interest of the loan in accordance with the monthly interest rate.

The court of the second instance believed that Mao Rongcan's two rendering in 2015 clearly stipulated that "monthly interest rates 0.015%", and the two sides averaged the computing standard of 0.015%of the monthly interest rate in the first instance. 0.015%, the first trial judgment based on the monthly interest rate of 0.015%as the standard to calculate the remaining borrowing principal and interest, so the judgment rejected the appeal and maintained the original judgment. Zhang Xuhui refused to accept and applied for retrial from the Gansu Provincial High Court.

The Gansu Provincial Higher Court tried that the two parties had clearly stipulated the interest. The court of the second instance determined that the creditor's rights and debt relationships and borrowing principal and interest rates of the two parties were determined according to the monthly interest rate of 0.015%agreed by the two parties. Zhang Xuhui's several rendering from 2012 to 2014 only explained the borrowing situation at the time, and it did not necessarily explain the interest rate issue of loans in 2015, so he ruled that Zhang Xuhui's re -review application was rejected.

The court's judgment is not improper

Prosecution is not supported

Zhang Xuhui believes that Mao Rongcan said in the first instance that "I used to borrow one point and five" in the first trial, but the court did not support his litigation request in accordance with the standard of "one point and five %". Application for supervision.

After understanding all the cases, the prosecutor of the Qingyang Procuratorate was in trouble. Obviously, the reason why the case could not end was not because the applicant was controversial about the relationship between creditor's rights and debt, but the identification of interest was not recognized. The result of this result is that the creditors do not know how to write correctly for the percentage of the monthly interest rate "one point and five%". If they take it for granted, they think that the "one point and five cents" falls on the pen on the pen. After many years of lawsuits, the two sides have been making trouble.

Prosecutor handling the case is exploring the case

The prosecutor will submit the case to the Prosecutor's Commission for discussion. According to discussion, the Prosecutor's Council believes that from Zhang Xuhui's 2012 to 2014, we can see that Mao Rongcan was used to borrowing from Zhang Xuhui over the years, and he was accustomed to the monthly interest rate "one point three" and "one point five" writing month interest rate "0.013" 0.013 %"And the monthly interest rate" 0.015%", and the actual monthly interest rate was" one -point "and" one point five percent "settlement. From the perspective of Zhang Xuhui, it is impossible for him to agree to settle interest at the monthly interest rate of "0.015%", because it is not only contrary to his original intention of borrowing money to eat interest, but also against the common sense of life. The Qingyang Procuratorate decided to ask the Gansu Provincial Procuratorate to protest.

The prosecutor of the Civil Procuratorate of the Gansu Provincial Procuratorate learned in the review case that Zhang Xuhui applied for procuratorial supervision because of the effective civil judgment to exceed the application execution period, so he applied to the court for compulsory execution, while submitting a supervision application to the procuratorate. Since Mao Rongcan's deception has led to business loss, he has been working in farmers in recent years, and has been unable to implement the property.

In view of the above -mentioned situation of the investigation and verification, the prosecutor of the Civil Procuratorate of the Gansu Provincial Procuratorate of the Gansu Provincial Procuratorate believed that based on the interest rate of one -fifth percent of the monthly interest rates, the last borrowing of the last time was also inferred that the true meaning of the two parties was too expressed too much. subjective. As the Gansu Provincial High Court expressed in the rejection application of the retrial application, "the debit of Zhang Xuhui from 2012 to 2014 only explained the borrowing situation at the time, and there is no necessaries on the issue of borrowing interest rates in 2015." Therefore There is no obvious error in accordance with the clear interest rate of the two parties' writing in the writing.

However, if the decision of not supporting the supervision of the case directly, the Zhang Xuhui couple must not accept it, and the probability of continuing to visit the petition is very high. Mao Rongcan's business failed, and the property that was no longer available. The 50,000 yuan of the court's decision may not be executed in place in a short period of time. Even if the court judged more, it was a high probability that it was a judgment that could not be implemented at all. Mao Rongcan settled most of the interest to Zhang Xuhui at a monthly interest rate of one fifth. The two were neighbors across the wall, and then they would produce and live in a village ... Considering the perspective of resolving contradictions and striving to promote the reconciliation of both parties, and strive to find the optimal solution to solve the disputes that have troubled the two years.

Able to perform duties as the people's judicial

Prosecution and reconciliation end of neighborhood disputes

Family disputes and neighborhood contradictions, although most of them are trivial cases, but once they are not handled well, it will not only cause the contradictions to intensify and upgrade, but also seriously affect family harmony and social harmony. In the case of the court's judgment, there is no obvious improper and inadequate reasons for supervision, the procuratorial organs must adhere to the people -centered case handling concept, actively practice the "maple bridge experience" in the new era, and set the first place to resolve contradictions and resolve disputes. Refuse to deal with cases and mechanical justice. Adhering to this concept, the civil prosecutor of the Gansu Provincial Procuratorate decided to go to Qingyang City to talk to the neighbors.

In the petition reception room of the Qingyang Procuratorate, the civil prosecutors of the Procuratorate of Gansu Province and Qingyang City were sitting together with the invited Mao Rongcan and Zhang Xuhui. On the same day, Mao Rongcan also brought his cousin, and Zhang Xuhui also brought his wife and an adult daughter.

"Mao Rongcan, what is the real interest agreed by Zhang Xuhui at the time? Both parties know it? Whether it is really like you said, 'because of the failure of the business, Zhang Xuhui said that as long as the principal can be returned, interest Just look at the writing ', but after all, Zhang Xuhui lent you the money when you are in trouble. For this interest, you have buried the neighborhood of decades. Is it worth it? It is not good to let others talk about it in the village. ! "Prosecutors first enlightened Mao Rongcan. Then, the prosecutor did a job for Zhang Xuhui and his wife: "Mao Rongcan has failed to do business, and you know the situation in these years. Even if the court sentences you more, he can't get money. Didn't I get it for 10,000 yuan? Mao Rongcan borrowed you 150,000 yuan for more than ten years, but at least before re -owing the arrears in 2015, it returned a interest of more than 100,000 yuan, and then there were more than 200,000 yuan. The interest rate of five % is not released. Good two people have been fighting the lawsuit across a wall to make the villagers joke. Can we give a step a step and set the matter completely? "

After listening to the prosecutor, both sides were silent for a moment. Later, Zhang Xuhui's wife opened the mouth first: "As long as 50,000 yuan sentenced in the court, it can be achieved by 50,000 yuan."

Mao Rongcan said, "Only give more than 10,000 yuan."

As soon as Mao Rongcan's words fell, Zhang Xuhui's emotions were excited again. Seeing that there was a gentle atmosphere and nervous, the prosecutor came forward in time to coordinate, persuading the two sides to come up with the sincerity of reconciliation, and discuss with the family to make a decision. After more than half an hour of "tug -of -war", Zhang Xuhui's wife changed 50,000 yuan to plus 30,000 yuan, Mao Rongcan raised another 10,000 yuan to another 20,000 yuan, and the two sides began to be deadlocked. Essence

The prosecutor proposed to take the middle number. Mao Rongcan looked up and said, "I really want to reconcile, but I really have no money, that is, the original 50,000 yuan adds 20,000 yuan. Joining. "Zhang Xuhui's wife heard this, and immediately expressed his distrust of Mao Rongcan, shouting to go home, disagreed with reconciliation, and the situation was a little out of control.

"Farmers who rely on planting land to live, and the homestead and cultivated land cannot be executed; the house on the homestead is a place where Mao Rongcan's family lives, and it cannot be executed. It is a land that should be clear. The court's enforcement must be enough to leave the Mao Rongcan family's life expenditure, and how much can it be executed. Is it better to execute? The two of you are neighbors. Before, do you help each other with a house, a well, and red and white?

The prosecutor's words made the Zhang Xuhui couple speechless for a while. A few minutes later, Zhang Xuhui's daughter whispered: "When can I make up?" Mao Rongcan said, "Three months."

In the end, the Zhang Xuhui family accepted a reconciliation plan that "Mao Rongcan paid the principal and interest of 70,000 yuan in three months". Under the witness of the prosecutor, the two parties signed a reconciliation agreement.

After three months, Mao Rongcan Dong could only perform 50,000 yuan in debt, requesting that the remaining 20,000 yuan was restricted for one month. Prosecutors continue to work between both parties through the phone. In the end, Zhang Xuhui and his wife accepted Mao Rongcan to pay 50,000 yuan first, and a month later, the remaining 20,000 yuan of reconciliation was changed.

A month later, the content of the reconciliation agreement was fully performed, and there were no disputes between the two. The procuratorial organs have been substantially resolved because of the contradictions and disputes in the case, and made a decision to end review.

(The people in the text are a pseudonym)

(Prosecutor's Daily Nan Maolin Wu Fei)

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