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Borrowing staged Rashomon 400,000 promissory note was sentenced to 300,000 valid

Borrowing staged Rashomon 400,000 promissory note was sentenced to 300,000 valid

borrowing is a common lending practices in life, convenience, flexibility, strong working capital, but also because of irregularities, a lack of supervision and other reasons, the dispute-prone areas. Following this case, staged a private lending version of Rashomon. Chengde, Hebei Zhang holds 400,000 Chen IOU the borrower to court, but court decisions found that 298,000 yuan effectively.  What is going on?

case review:

as plaintiff in the Court of appeal said, starting from 2010, Mr Chen to borrow $ 400,000 from his family-owned grounds, so far nothing, hereby request the plaintiff to return loans and overdue interest. But accused Mr Chen argued that their loan was involved in gambling, and the amount is only 230,000 yuan, unable to pay after he return of 120,000 yuan, under the stress of the plaintiff to make the 400,000-yuan's IOU.  Two conflicting versions, while caught in a cycle of Rashomon.

at trial, the plaintiff's burden of proof, out of 298,000 yuan payment, insisting the rest of 102,000 yuan was delivered face to face and denied the defendants, but their "borrowed for gambling", "return part of the money" argument, cannot come up with any evidence.  Court convicted the defendant reimburse the plaintiff loan principal of 298,000 yuan, and pay the overdue interest.  

small financial reviews:

some private loan dispute, due to various reasons, the parties stated the purpose of the loan, amount, process, interest-rate and other basic facts are not consistent, easy to argue this case, but the Court according to a who is who of proof of principle, concluded effective borrowing of 298,000 yuan.

here, small financial reminders, both lenders and borrowers, and disputes to avoid borrowing, borrowing at the beginning, should be indicated on the promissory note amount, use and other details and secondly, to keep the payments, receipts of each; and, finally, at the time of loan settlement, going back to borrow in a timely manner. Each step has left tangible evidence, in order to lay hidden.

 

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