A dispute between CAI and a Shanghai operation Management Co., LTD., a Shanghai guarantee Co., Ltd. and other private lending cases

[Case classification] : Debt disputes

[Commissioned time] : April 2015

【 Brief introduction 】

On March 5, 2012 and September 27, 2012, the defendant Zhuang borrowed 5 million yuan and 4 million yuan from the plaintiff respectively. The agreed interest rate of 5 million yuan loan is 2% per month, and the repayment period is March 5, 2013; The interest on the 4 million yuan loan is agreed to be 1.7% per month, and the repayment period is December 26, 2013. The defendant Zhuang Mou and the plaintiff signed the loan contract and issued the IOU. The plaintiff shall transfer the above loan into the account designated by the defendant Zhuang. But the defendant Zhuang Mou failed to return the loan as agreed. On August 30, 2013, the plaintiff demanded that the defendant Zhuang Mou issued the "Zhuang Mou Loan repayment reconciliation Confirmation" to the plaintiff on the loan and repayment situation owed to the plaintiff, making it clear that Zhuang Mou still owed the plaintiff 2.01 million yuan of loan principal and 565,213 yuan of accrued interest as of August 30, 2013, with a total of 2,575,213 yuan of principal and interest. The defendant Zhang, Company A, company B, and Company C signed and sealed the confirmation sheet respectively, and undertook joint and several guarantee liability to the plaintiff for the debt of the defendant Zhuang.

Because the defendant Zhuang still has not fulfilled the repayment. On May 31, 2014, the defendant Zhuang mou again issued a "repayment confirmation letter" to the plaintiff, confirming that as of May 31, 2014, Zhuang Mou still owed the plaintiff a total of 3,126,333 yuan of loan principal and interest, and promised to pay the plaintiff interest at 2% per month on the basis of the loan principal and interest from May 31, 2014. On December 31, 2014, the defendant Zhang reconfirmed the joint and several guarantee liability to the plaintiff for the above arrears of Zhuang. Zhuang Mou has not yet returned the above arrears, so the plaintiff appeals court.

【 Lawyer analysis 】

A loan contract between natural persons shall become effective when the lender provides the loan. The Loan Contract and transfer voucher provided by the plaintiff prove the agreement of the two parties to borrow and the fact of delivery, the plaintiff has completed the burden of proof on the establishment of the loan relationship, and the loan relationship between the plaintiff and the defendant Zhuang is established. In addition, the repayment statement and repayment confirmation signed by the plaintiff and the defendant Zhuang prove that both parties still have 2.01 million yuan of loan principal and part of loan interest outstanding, but the interest rate agreed by both parties on March 6, 2013 exceeds the legal ceiling, and the part exceeding the legal ceiling should be adjusted. Now the plaintiff requires the defendant Zhuang Mou to return the loan principal and pay overdue interest request, in line with the law.

【 Verdict 】

Through the lawyer Xue Tianhong's representation, the court finally supported the plaintiff's claim and ordered the defendant Zhuang Mou to return the plaintiff's loans and interest within ten days from the date of the judgment, and the defendant Zhang Mou, Company A, Company B and Company C bear joint and several liability for the debt of the defendant.