On the same day, Mr. Zheng, as the insured, signed a Sunshine Personal Loan Guarantee Insurance Policy with Sunshine Insurance Company, stating that the insured is a trust company. The insurance period is from the date of loan issuance to the agreed date of paying off all the loan principal and interest, with a monthly rate of 1.9% and a monthly premium of 2,850 yuan.
some
On July 4th, 20 17, Mr. Zheng issued the Application Form for Personal Loan Guarantee Insurance of Sunshine Property Insurance Co., Ltd. to the plaintiff Sunshine Insurance Company. The applicant column at the bottom of the application form is signed and sealed by Mr. Zheng, and the witness column is signed by Hong, the account manager of Sunshine Insurance Company.
On July 5th, Mr. Zheng, the borrower, signed a loan contract with China Foreign Economic Relations and Trade Trust Co., Ltd., with a loan of 65,438+050,000 yuan, with principal and interest of 7,457.6 yuan (monthly premium of 2,500 yuan, loan principal and interest of 4,607.6 yuan) in 36 installments.
On the same day, Mr. Zheng, as the insured, signed a Sunshine Personal Loan Guarantee Insurance Policy with Sunshine Insurance Company, stating that the insured is a trust company. The insurance period is from the date of loan issuance to the agreed date of paying off all the loan principal and interest, with a monthly rate of 1.9% and a monthly premium of 2,850 yuan.
There is only a loan contract signed by the borrower and the trust. Why does the repayment amount include the premium? In this regard, Sunshine Insurance Company claimed that it was caused by staff mistakes.
The court obviously disagreed with the explanation of Sunshine Insurance Company. The court held that according to the principle of contract relativity, the premium should have been paid by the borrower Mr. Zheng to Sunshine Insurance Company, and the insurance matters should also be determined by Sunshine Insurance Company and Mr. Zheng through consultation. Now the repayment principal and interest agreed in the loan contract signed by Mr. Zheng includes the premium, and the debt amount is relatively high.
In the special prompt column of the insurance policy, it is stated that the company shall not charge any money other than the insurance contract (including but not limited to deposit, credit investigation fee, etc.). ), and the word is bold and black.
Do you need to buy 1350 yuan borrower accident insurance for the loan?
On July 5th, Mr. Zheng transferred money to Sunshine Insurance account manager WeChat 1350 yuan (principal150,000 yuan, with 0.9% as the point), and on July 6th 14:44, he transferred money to WeChat users nicknamed "azq Ping An Loan Zhu Xiao" (principal10).
Mr. Zheng said that the above two WeChat transfers are service fees, otherwise the loan will not be received. Sunshine Insurance Company does not recognize this, saying that 1350 yuan is the premium of the borrower's accidental injury insurance insured by Mr. Zheng to his company, and the transfer of 4,500 yuan is unclear.
What is the borrower's accident insurance? According to Sunshine Insurance Company, the insurance is to protect the rights and interests of the insured. If the insured dies unexpectedly, the heir of the insured does not have to bear the relevant creditor's rights and debts under the loan contract, and his debts are compensated by the insurance company.
Mr. Zheng denied that he had signed insurance with Sunshine Insurance Company, saying that he was not informed to buy insurance when he went through the loan formalities. He believes that the behavior of Sunshine Insurance Company is suspected of "routine loan" and requests to be transferred to the public security organ for investigation.
The court asked Sunshine Insurance Company to submit its insurance policy and accident insurance contract signed with Mr. Zheng. Sunshine Insurance Company can only submit electronic insurance policies without Mr. Zheng's signature.
The court held that although the trust company transferred 150000 yuan to Mr. Zheng through the bank, the staff of Sunshine Insurance Company received part of Mr. Zheng's money through WeChat transfer when signing the loan contract and handling the policy guarantee. Although Sunshine Insurance Company explained that it was to collect the insurance premium for accidental injury insurance, Mr. Zheng denied the insurance coverage, and Sunshine Insurance Company had no evidence to prove that it had reached an agreement with Mr. Zheng on the accidental injury insurance, so Sunshine Insurance Company charged Mr. Zheng for collecting the accidental injury insurance premium.
Overdue collection by soft violence.
After Mr. Zheng failed to pay the bill, he posted a reminder letter at his residence. The content of the collection letter is to inform Zheng * * that he owed 7550 yuan as of July 20, 2008 1 day, and failed to repay it on time, which is suspected of being a criminal offence of loan fraud, and ordered Zheng * * to pay off the overdue funds within1day from the date of service of this letter. At the same time, the dunning letter is accompanied by a loan fraud clause, which Mr. Zheng holds.
The court held that the behavior of Sunshine Insurance Company or Trust Company posting a collection letter in its residence was suspected of using violence or soft violence to collect debts from it.
The court ruled that he was suspected of economic crimes and dismissed the prosecution.
To sum up, the People's Court of Taizhou Pharmaceutical High-tech Industrial Development Zone thinks that this case may be suspected of an economic crime, which does not belong to the scope of accepting civil cases by the People's Court, and decided to dismiss the prosecution and transfer it to the public security organ for handling.
At present, the follow-up progress of the case has not been known.