Chi Shengqiang, Li Shutao and Jin Hongyu civil loan dispute of second instance civil ruling
【 Facts of the case 】
The court of first instance held that Chi Shengqiang sued Li Shutao in two private lending disputes to the court of first instance, with the target of action of 100,000 yuan and 50,000 yuan respectively. After separate trials to find out the facts, Chi Shengqiang and Li Shutao borrowed money several times and for a long time. In this special case, according to the court hearing, Li Shutao fulfilled the repayment obligation to a certain extent after borrowing money, but Chi Shengqiang and Li Shutao did not reach an agreement on the specific loan and time for repayment, resulting in separate adjudication of the two cases. The legitimate rights and interests of both parties cannot be protected. Therefore, the two cases should be prosecuted together to give full play to the rights of both parties to plead, and to find out the facts of the case and protect their legitimate rights and interests. In accordance with the provisions of Article 6 and Article 4 of the Civil Procedure Law of the People's Republic of China, the court ruled that Chi Shengnan's lawsuit was rejected. The case acceptance fee of 1,150.00 yuan is returned to Chi Shengnan.
【 Reason for judgment 】
The court held that Chi Shengqiang submitted to the court of first instance the loan contract signed between him and Li Shutao and the receipt issued by Li Shutao and other creditor's rights vouchers, so the court of first instance should conduct a substantive trial on whether the loan facts of both parties actually occurred, the amount of the loan, the amount of repayment, the liability for breach of contract, the liability for guarantee, etc.
【 Verdict 】
1. Revoke civil ruling No. 835 of Longshan District People's Court of Liaoyuan City (2021) Ji 0402;
The case is ordered to continue the trial of Liaoyuan Longshan District People's Court.
This ruling is final.