Use the loan of loans for financial institutions?Weiyang Court: invalid

Good friends ask you to borrow money. Unfortunately, you are holding on hand, do you want to borrow a little from the "borrowing"? Many people may choose the latter out of friendship, but is it really legal? Recently, the Weiyang District Court tried two disputes caused by the invalidation of the loan contract due to the transfer of loans.

"Two ribs inserted knives" for friends did not regret

The plaintiff Tian and the defendant Lu joined a certain unit in the same year, and the relationship was very good. In July 2020, the defendant needed 80,000 yuan in urgent investment business. After the two parties negotiated, the plaintiff loaned the money through a loan platform, and then lent the money to the defendant. For gratitude, the defendant paid 2,000 yuan per month. After deducting the interest of the loan, the remaining money was used as the benefits of the plaintiff. However, after a few months of repayment of the defendant, due to the failure of the business failure, the plaintiff raised money to return the total principal and interest of the remaining loan by more than 60,000 yuan, and sued to the Weiyang District Court to request the defendant to repay the principal of the loan and pay the interest as agreed. Essence

The plaintiff believed that the defendant of the transfer was proposed, and the two parties were voluntary, so the borrowing behavior was valid. The defendant believes that the interest paid by the borrowing is higher than the upper limit stipulated by the law, so he is only willing to pay interest from the date of the loan to the date of the loan to pay off at the day of the loan.

The court held that the plaintiff was transferred to the defendant after receiving a loan of financial institutions and charged the benefits. The defendant knew this. After the interest, the remaining part should be confronted. The plaintiff replaced the defendant's repayment of the losses. According to law, according to law, the defendant should pay interest at 24%of the annual interest rate according to law, and did not violate the law. In the end, the defendant paid more than 50,000 yuan to the plaintiff according to law. After the verdict, neither parties appealed, and the judgment has come into effect.

The old father caused big trouble for face

Lao Song and Lao Zhou are comrades -in -arms, and they are now all over the flowers. At the end of 2021, Lao Zhou's family had to use money, so he discussed with Lao Song and used Lao Song's house to use the mortgage loan to use it to Lao Zhou. It was repaid by Lao Zhou, but because Lao Song was too old to fail the loan. I couldn't help but the soft and hard bubbles of Lao Zhou, Lao Song promised to borrow in the name of her daughter Xiao Song, and then transferred to Lao Zhou's son Xiao Zhou.

Although Xiao Song was very reluctant, he had to agree because of his father and daughter's feelings. Xiao Song paid a certain amount of guarantee and service fee to the loan platform and the guarantee company. After the loan was approved, after the reserved fees, insurance premiums and three -month principal and interest fees were reserved, 250,000 Yu Yuan, but three months later, Xiao Zhou did not repay the fourth loan on schedule, and Xiao Song was unable to repay the fifth phase of the loan on its own, so Xiao Zhou prosecuted to the court.

Xiao Zhou argued that the source of the funds of Xiao Song was a loan of financial institutions, and the civil loan behavior between the two parties was invalid and was willing to return the received more than 250,000 yuan. Xiao Song and his father believed that it had a small weekly loan, and the two parties signed a written loan contract, agreed that Xiao Zhou voluntarily undertake all fees such as the principal, interest, and handling fee of financial institutions. Therefore, it should be fulfilled in accordance with the contract.

The court held that the private lending contract for the transfer of loans to the loan of financial institutions was invalid. The party with faults should compensate the other party's losses. All parties have faults and each bear the corresponding responsibilities. The plaintiff Xiao Song set up the loan of the financial institution and was transferred to the defendant Xiao Zhou. Although it did not make a profit, according to the law, the borrowing behavior between the two was invalid, and the defendant should return more than 250,000 yuan to the plaintiff. Losses such as service fees, insurance premiums, and guarantee fees for loan expenses. Considering that the defendant had a fault that caused the contract invalid, and the defendant had a large fault, the defendant bears 80%of the plaintiff's losses, and the remaining 20%losses were borne by the plaintiff. After the verdict, neither side appealed, the judgment had taken effect, and the defendant had taken the initiative to perform his obligations.

Liu Xiaoyun, a reporter from Xi'an Newspaper, Wang Zhongzheng, a correspondent

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