Recently, a well-known journalist exposed ZhangJike's gambling debt dispute and disseminated a private video of actress Jing Tian. The ZhangJike incident continued to ferment. The "ZhangJike Studio" had denied this before, and then the reporter directly exposed 5 million IOUs. As for the truth, we still wait for the official announcement, but this loan contract exposed by the reporter is really interesting, so we can talk about it:
Let's see what's good about it.
First of all, this article is very important because of my production and business needs. If I borrow money for illegal reasons such as gambling, it will not be protected by law, so I must write this article.
Second, borrow money from someone. Note that this is blank. Blank means that the other party can fill in whatever is beneficial to them at will. It is strongly recommended that you never sign a blank agreement unless you have to.
thirdly, the loan amount is RMB 5 million, and the words and figures are printed by fingerprints, which ensures that the loan amount is very accurate and there is no dispute.
fourthly, the loan period is 25 days, and the overdue interest is calculated at the monthly interest rate of 1.99%.
Fifthly, due to the payment of all expenses such as attorney's fees, legal fees and travel expenses paid by the lender to realize the creditor's rights, with this clause, the other party can bear the cost of safeguarding rights.
Sixthly, it is very important to bring a lawsuit in the plaintiff's place, which is an agreed jurisdiction place, which can effectively reduce the plaintiff's litigation cost.
Seventh, a lot of fierce guarantee clauses should be obvious to laymen, but there is no guarantor in this IOU, so it is not used.
eighth, the signature will take effect. If you want to write a similar IOU, you can refer to this one.
Ninth, if you think there are signs of default, you can ask for early repayment at any time. This article is not necessarily effective, but it is a supplement.
article 1, the agreement on the service address, to prevent the other party from being found when suing, is very important if you have brought a lawsuit.
article 11: the borrower shall sign, and indicate the identity card and mobile phone number according to the handprint. Therefore, this is a very professional loan contract with strong lender. I suggest you keep it well and use it as a template for modification.
What everyone here is most concerned about is that if the loan exceeds 25 days, the interest will be calculated according to the monthly interest rate of 1.99%. If it is 5 million yuan, the monthly interest alone will be 1, yuan, and the annual interest rate of 1.2 million yuan will be nearly 24% in that year. Is this usury?
Well, according to the current law, forget it, because the upper limit stipulated by the law is now four times LP, that is, private lending basically exceeds 15.4. This figure, even if it is usury, is not protected by law, but this regulation began on August 2, 22, so ZhangJike's arrears occurred earlier. According to the provisions of the contract, it does not exceed the "Several Issues on the Application of Laws in the Trial of Private Lending Cases in the Supreme People's Court"
and what is the most important point of this contract? It is this reason for borrowing that is the need of production and operation, not gambling arrears. This is an ordinary private loan, not a gambling debt, so it should be repaid, and Zhang Dike should bear the civil liability for debt repayment.
The above are civil responsibilities. Let's talk about criminal responsibilities.
If ZhangJike often gambles in Cambodia, and the news is true, then the amount will not be small, and there will be many times. Even if ZhangJike has a legitimate occupation and does not take gambling as a source of income, his behavior still meets the constitutive requirements of gambling crime, just because his behavior force is outside the country, and if it is legal in the local area according to the principle of territorial jurisdiction, it is very likely that the judicial organs in our country may not punish him according to gambling crime.
In addition, ZhangJike took the private photos of his ex-girlfriend to pay off the debt, and the creditors used these private videos to ask Ms. Jing to pay back the money. If there is ZhangJike in this behavior, ZhangJike may be guilty of extortion.
What I want to say is that even if there is no accomplice, this behavior is quite bad. Therefore, I advise those fans in idolize that those celebrities and artists who have made great achievements in a certain aspect, but it doesn't mean that they are really good people. Let's just eat melons after dinner and live our own lives at ordinary times.