Borrow a lot of money from the same person.

Borrowing is a common way to solve the shortage of funds

But civil disputes caused by borrowing

It's not uncommon

Borrow a lot of money from the same person

When the debtor is unable to pay for all the debts

How to determine the repayment order?

Please take a look with the editor ~

Basic case

Xiao Zhang has a relationship with Xiaobai's husband and wife. The two borrowed 80,000 yuan, 100,000 yuan and 120,000 yuan from January 22, March 7, and April 17, 2014 due to family economic difficulties, and Three borrowings were issued to Pharaoh. Among the three discrete, Pharaoh's interest was "1.5 % monthly". During the period in 2018, the two repaid the 10,000 yuan principal of Pharaoh, but the two parties did not agree on which one of the three borrowings repaid. After the Pharaoh asked for borrowing, Xiao Zhang and Xiaobai sued Xiao Zhang and Xiaobai to Pingyin Court. During the lawsuit, the two sides dispute how the 10,000 yuan principal.

Court trial

According to the court, the plaintiff filed the interest to 1.5 % due to writing errors, but according to the evidence such as the bank flow information it submitted, the two borrowings of 100,000 yuan and 120,000 yuan were both the two defendants. If it is continuously paid, the court determines that the interest of the two borrowings is 1.5 points. Although the borrowing of 80,000 yuan has the interest of Pharaoh's own remarks, there is no other evidence to confirm that the two parties have agreed on the interest on the borrowing. Based on this, in the above three borrowings, the debt burden of 120,000 yuan borrowing is heavier.

In accordance with the offer of settlement of the settlement stipulated in Article 560, paragraph 2 of the "People's Republic of China", should give priority to repay the debt of the debtor's heavy burden. Specific to this case, the court believes that when the two parties have not agreed to settle or offset the order, the 10,000 yuan principal repaid for the two defendants should give priority to deduction in the borrowing of 120,000 yuan.

Law link

Article 560 of the "People's Republic of China" stipulates that several types of debt bornes that the debtor shall pay the same debt on the same creditors. Its debt.

If the debtor does not make a designated, it shall give priority to the debt that has expired; if several debts have expired, priority to perform the debt that the creditor lacks the lack of guarantee or the minimum guarantee; Debt; those who have the same burden shall be fulfilled according to the order of the debt expiration; those who expire the same time shall be fulfilled according to the proportion of debt.

Judge

The Civil Code specifies the three types of claims for debt claims, that is, agreed, specified, and statutory resistance. The agreed to resist and specify the confrontation belongs to the confrontation, that is, the resistance determined according to the meaning of the parties. The statutory resistance is the opposite prescribed by the law, which is intended to supplement the incomplete people's legal behavior of the people. In the case of lack of insights, it is applied to the order of statutory compensation to solve the order of debt claims.

Judging from the provisions of Article 560 of the Civil Code, the agreed to be prioritized, followed by the designated offset, and once again the legal resistance, and the following order should still be complied with: (1) the debt of the debt; (2) If the debt is expired, the debt without guarantee; (3) If the debt is expired, the debt with the least guarantee; If you expire, the debt expired first; (6) The aforementioned situation is the same, and the expiration time is also the same debt, and it is performed according to the debt ratio.

Source: Pingyin Court

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