civil judgment

(20 16) Lu 032 1 early Republic of China 16 17

Plaintiff: Fan Shigang, male, born on 1980124 October, Han nationality, now living in Zhangdian District, Zibo.

Authorized Agent: Li Xianzhong, lawyer of Shandong Escort Law Firm.

Defendant Gao Kuidong, male,1born on February 20th, 976, Han nationality, now lives in Huantai County.

Defendant Gao Qingkun, male,1born on May 22nd, 949, Han nationality, now lives in Huantai County. It is the father of the defendant Gao Kuidong.

The case of plaintiff Fan Shigang v. defendant Gao Kuidong and defendant Gao Qingkun's dispute over private lending was filed in our hospital on April 29th, 20 16. Judge Yu Xin held a public hearing by applying summary procedure according to law. The plaintiff Fan Shigang, his entrusted agent Li Xianzhong and the defendant Gao Qingkun appeared in court to participate in the lawsuit. The defendant Gao Kuidong was legally summoned by our court and refused to appear in court to participate in the lawsuit without justifiable reasons. The case has now been closed.

The plaintiff Fan Shigang claimed that the plaintiff was the wife and younger brother of the defendant Gao Kuidong. In May of 20 13, the defendant Gao Kuidong borrowed money from others and could not repay it, which caused creditors to frequently come to collect debts, seriously affecting the normal life of the defendant's family. Based on kinship, in order to help the defendant's family get out of trouble, the plaintiff lent the defendant Gao Kuidong 60,000 yuan to repay its foreign debt on the basis of the previous loan of 40,000 yuan. At the request of the plaintiff, Gao Qingkun, the father of the defendant Gao Kuidong, provided a guarantee for him. The above facts are based on the IOUs issued by the defendant. After the two defendants borrowed money, the plaintiff repeatedly urged them to pay back the money, and the two filed a lawsuit for this. Now it is requested to order the defendant Gao Kuidong to repay the loan principal 100000 yuan; Compensation for economic losses 1.2 million yuan; Gao Qingkun, the defendant, shall be jointly and severally liable for liquidation; The defendant bears the legal expenses.

Defendant Gao Kuidong did not submit a reply.

Defendant Gao Qingkun argued that when borrowing money, Defendant Gao Kuidong and his wife Fan Shiwei asked Defendant Gao Qingkun to sign with the plaintiff, and Fan Shiwei forced Defendant Gao Qingkun to sign with the receipt. The loan was 60,000 yuan. Fan Shiwei said that the defendant Gao Qingkun did not have to repay the loan, so the defendant Gao Qingkun did not have to bear the responsibility.

It was found through trial that on May 20, 2003, the defendant Gao Kuidong borrowed 60,000 yuan from the plaintiff Fan Shigang, plus 40,000 yuan previously owed, totaling 100000 yuan. On the same day, the defendant Gao Kuidong issued an IOU for the plaintiff Fan Shigang, stipulating that the loan period would be paid off from the date of borrowing to May 20, 20 14, and the defendant Gao Qingkun signed the IOU as a guarantor. On the same day, plaintiff Fan Shigang remitted 30,000 yuan to the account of defendant Gao Kuidong's wife Fan Shiwei. 20 10000 yuan On May 27th, plaintiff Fan Shigang remitted 12000 yuan to the account of defendant Gao Kuidong's wife Fan Shiwei. On May 28th, 20 13, plaintiff Fan Shigang remitted 12000 yuan to defendant Gao.

During the trial, the plaintiff Fan Shigang stated that he demanded money from the defendant Gao Qingkun when the loan was due on May 20, 20 14, and the defendant Gao Qingkun had no objection to this.

The above facts are proved by the debit note, bank transaction details, copy of marriage certificate, personal business voucher and court transcript submitted by the plaintiff Fan Shiwei.

We believe that the private lending relationship between the plaintiff Fan Shigang and the defendant Gao Kuidong and the guarantee contract relationship between the plaintiff Fan Shigang and the defendant Gao Qingkun are the true intentions of both parties, which are legal and effective. The fact that the defendant Gao Kuidong owed the plaintiff Fan Shigang the loan principal of 100000 yuan is clear, and this court confirms it. Our court supports the plaintiff Fan Shigang's claim to ask the defendant Gao Kuidong to repay the loan principal 100000 yuan. The plaintiff Fan Shigang claimed interest of 12000 yuan. Upon examination, based on the principal of 65,438+000,000 yuan, from May 2065,438+0 to May 20,2065,438+06, the interest should be 65,438+065,438 according to the loan of China People's Bank for the same period. The plaintiff Fan Shigang and the defendant Gao Qingkun did not reach an agreement on the guarantee method. According to the law, the defendant Gao Qingkun should be liable for the loan between the plaintiff Fan Shigang and the defendant Gao Kuidong according to the joint liability guarantee. If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period. In this case, the plaintiff Fan Shigang had asked the defendant Gao Qingkun to assume the guarantee responsibility before the expiration of the guarantee period, so the plaintiff Fan Shigang did not exceed the guarantee period when he sued. Our court supported the plaintiff Fan Shigang's claim that the defendant Gao Qingkun should bear joint liability for the above loan 100000 and interest 125 1.39 yuan. According to Articles 206 and 207 of People's Republic of China (PRC) Contract Law, Articles 19, 26 and 31 of People's Republic of China (PRC) Guarantee Law and Article 144 of People's Republic of China (PRC) Civil Procedure Law, the judgment is as follows:

1. Defendant Gao Kuidong repaid the plaintiff Fan Shigang's loan principal of 65,438+000,000 yuan within ten days after this judgment came into effect.

Second, the defendant Gao Kuidong repaid the plaintiff Fan Shigang's loan interest 1 125 1.39 yuan within ten days after this judgment came into effect.

Three. Defendant Gao Qingkun is jointly and severally liable for the debts specified in the first and second items above.

4. Defendant Gao Qingkun has the right to recover from Defendant Gao Kuidong after assuming the guarantee responsibility.

Verb (abbreviation of verb) rejects the plaintiff Fan Shigang's other claims.

If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).

In this case, the acceptance fee is 1270 yuan, and the plaintiff Fan Shigang bears 50 yuan and the defendant Gao Kuidong bears 1220 yuan.

If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other party or representative, and appeal to the Intermediate People's Court of Zibo City, Shandong Province.

Judge Yu Xin

201June 6 13

Clerk Hao Lingshan