Wang Xuecheng and Wang Zhanming's civil judgment of second instance on the dispute over private lending?

Trial court: Weifang Intermediate People's Court, Shandong Province

CaseNo.: (217) Lu 7 Min Zhong No.364

Appellant (plaintiff in the original trial): Wang Xuecheng, male, born on January 24, 1965, Han nationality, employee of Qingdao Sanli Group Co., Ltd., now living in Chengyang District, Qingdao.

Appellee (defendant in the original trial): Wang Zhanming, male, born on February 6, 1983, Han nationality, unemployed, living in Linqu County.

agent ad litem: Wang shanling, lawyer of Shandong wenhan law firm.

agent ad litem: Meng Qiang, lawyer of Shandong wenhan law firm.

the third person in the original trial: Zhang Wei, male, born on February 7, 1984, Han nationality, employee of Qingdao Sanli Group Co., Ltd., living in Chengyang District, Qingdao.

Appellant Wang Xuecheng refused to accept the civil judgment of Shandong Linqu County People's Court (216) No.434, Lu 724 Minchu, and appealed to our court for the case of civil loan dispute with Appellee Wang Zhanming and the third person in the original trial. After the case was filed on April 18, 217, the court formed a collegiate bench to conduct the trial according to law. The case has now been closed.

Appellant Wang Xuecheng's appeal request: annul (216) Lu 724 Minchu No.434 civil judgment, and adjudge the appellee Wang Zhanming to repay the loan of 35, yuan and pay interest according to the bank's interest rate for the same period; First, the second instance litigation costs shall be borne by the appellee Wang Zhanming. Facts and reasons: The loan contract between Appellant and Appellee Wang Zhanming is legal and valid, Appellant Wang Xuecheng has fulfilled his loan obligation, and Appellee Wang Zhanming should return the loan involved. The court of first instance found that the relevant behavior was unreasonable by reasoning, and rejected the appellant's claim, which violated the principle of taking facts as the basis and taking law as the criterion.

Defendant of the first instance argued that

Appellee Wang Zhanming argued that the court of first instance found the facts clear and the applicable law correct, and requested to dismiss the appeal and upheld the original judgment.

Zhang Wei, the third person in the original trial, said that he supported the appellant's appeal request.

Wang Xuecheng sued the court of first instance: the defendant Wang Zhanming repaid the loan of 35, yuan and paid interest at the bank's interest rate for the same period.

The court of first instance held that

The court of first instance found that the plaintiff Wang Xuecheng was an engineer of Qingdao Sanli Group Co., Ltd., the defendant Wang Zhanming worked as the manager of the technology center in Qingdao Sanli Group Co., Ltd., and the plaintiff Wang Xuecheng was the superior leader of the defendant Wang Zhanming. The third person, Zhang Wei, worked as a financial cashier in Qingdao Sanli Group Co., Ltd.. On September 28th, 211, the third person Zhang Wei transferred the RMB 3 million from Qu Guofeng's 12×××× 87 account of Huaxia Bank to the 12××××× 32 account of the third person Zhang Wei. On October 3rd, 211, the third person Zhang Wei transferred RMB 3 million from the above account to the plaintiff Wang Xuecheng's 12××× account in the bank. On the same day, the third person Zhang Wei transferred RMB 1 million from the plaintiff Wang Xuecheng's above account in Huaxia Bank to the defendant Wang Zhanming's 62×××× 39 account for three times, with RMB 45,, RMB 35, and RMB 2, respectively. On the same day, a third person, Zhang Wei, transferred another 1 million yuan (2, yuan, 35, yuan and 45, yuan) from the plaintiff's account to Kang Jian's account and another 1 million yuan (3, yuan, 25, yuan and 45, yuan) to Gu Honglei's account. On the same day, the defendant Wang Zhanming signed out the 1 million yuan from Huaxia Bank Qingdao Chengyang Sub-branch. In November 212, the defendant Wang Zhanming resigned.

It was also found that in the case of Qingdao Chengyang District People's Court (213) Cheng Min Chu Zi No.18 Shi Hongying v. Xianlong Li Private Lending Dispute, the court found through trial that Qingdao Sanli Group Co., Ltd. handled the deposit in the form of IOUs in personnel management. The court held through trial that Shi Hongying claimed to repay the loan from Xianlong Li, but only submitted the loan note issued by Xianlong Li, but there was no evidence to prove that the defendant had received the money. Considering the situation that Qingdao Sanli Group Co., Ltd. handled the deposit in the form of loan note and the superior-subordinate relationship between the original and the defendant, the evidence submitted by Shi Hongying was not enough to prove that he had reached a loan agreement with Xianlong Li, and he did not support Shi Hongying's claim that Xianlong Li should return the loan and interest, and decided to reject Shi Hongying's claim.

Wang Xuecheng, the plaintiff, submitted the following evidence to prove the loan relationship between the plaintiff and the defendant: 1. A debit note issued by the defendant on October 3, 211, which stated that "I borrowed cash of RMB 35,. yuan (in words: RMB three hundred and fifty thousand yuan only) for personal emergency. (Stock trading) Native place: No.63, Mengjia Guangrao Village, Yangshan Town, Linqu County, Shandong Province Address: No.63, Mengjia Guangrao Village, Yangshan Town, Linqu County, Shandong Province. ID number: 37724198326271 Borrower: Wang Zhanming Date: October 3, 211 "; On October 3, 211, the plaintiff's account was transferred to the defendant's account with a personal transfer voucher of 35, yuan and the defendant's personal withdrawal voucher of 1 million yuan on October 3, 211, which proved that the loan relationship between the two parties was legal and effective. The plaintiff paid the defendant 35, yuan in cash by bank transfer, and the defendant withdrew it in cash through the bank; 2. On April 9, 215, Qingdao Sanli Zhongdemei Water Equipment Co., Ltd. issued a certificate, which proved that plaintiff Wang Xuecheng withdrew RMB 3 million from the company; A copy of Qu Guofeng's certificate dated August 7, 215 and a copy of Zhang Wei's certificate dated December 16, 214; On September 28th, 211, Qu Guofeng's account was transferred to the third person Zhang Wei's account with a personal transfer voucher of 3 million yuan from Huaxia Bank, and on October 3rd, 211, the third person Zhang Wei's account was transferred to the plaintiff Wang Xuecheng's account with a personal transfer voucher of 3 million yuan from Huaxia Bank, which proved that Qu Guofeng entrusted the third person Zhang Wei to return the loan of 3 million yuan and the source of the plaintiff Wang Xuecheng's money; 3. On September 28, 211, Qingdao Sanli Group Co., Ltd. issued a notice about the serious problems of hotel insulation materials. The notice stated that the company leaders recently received a report from others that there were serious problems with the hotel insulation materials in the charge of Wang Zhanming, the person in charge of the hotel insulation project, and his father-in-law. However, Wang Zhanming himself denied it and needed further investigation. After investigation by investigators, the provisional decision on the problems reported by Wang Zhanming was as follows: (1) If Wang Zhanming himself felt that he really did not have any problems to volunteer. (2) If the deposit is not paid, and there is no commitment, immediately suspend the post for inspection; (3) The above is the temporary decision, which needs further verification. After verification, the final treatment will be made according to the situation; On October 3, 211, Qingdao Sanli Group Co., Ltd. issued a stub of 55, yuan deposit receipt for hotel insulation materials; On October 22, 212, Qingdao Sanli Group Co., Ltd. issued a notice about the serious problems in the thermal insulation materials of the hotel and the delay in the construction period. The bulletin recorded the bulletin about the serious problems in the hotel insulation materials that Wang Zhanming and his father-in-law were responsible for on September 28, 211. After further investigation, no evidence of Wang Zhanming's bribery was found, but there were problems of high price and serious impact on the construction period. Finally, the following measures were taken: (1) Wang Zhanming should bear the loss of 2, yuan of high price of insulation materials and serious delay in the project; (2) Refund the deposit of 55, yuan paid by Wang Zhanming himself on October 3, 211 for hotel insulation materials; (3) Wang Zhanming wrote a written inspection, guarantee, plan and commitment. The above evidence proves that the defendant borrowed money from the plaintiff and paid the deposit, which was returned by Qingdao Sanli Group Co., Ltd.; 4. On October 3, 211, there were two IOUs with loan amounts of 45, yuan and 2, yuan, which proved that the loan was true.

Defendant Wang Zhanming's cross-examination opinions on the above-mentioned evidence provided by the plaintiff: 1. There is no objection to the authenticity of the IOU provided by the plaintiff, the personal transfer voucher on October 3, 211 and the personal withdrawal voucher on October 3, 211, but there is objection to the purpose of the proof, and the relationship between the original and the defendant is not real; 2. For the certificate of Qingdao Sanli Zhongdemei Water Equipment Co., Ltd. on April 9, 215, firstly, the seal is a financial seal, not a legal person seal, which cannot explain the fact that the plaintiff Wang Xuecheng deposited RMB 3 million in his company, and should provide a considerable bank transaction and relevant legal certificates; The testimony of Qu Guofeng does not conform to the form of evidence, and the witness should testify in court and accept the question; The certificate issued by the third person, Zhang Wei, is not authentic and objective, and Zhang Wei himself is the third person in this trial, and his witness testimony has no effect of testimony; For the transfer vouchers dated September 28, 211 and October 3, 211, the operator is the third person, Zhang Wei, and the plaintiff Wang Xuecheng should provide the legal source of funds and legal tax payment certificate; 3. The defendant didn't know about the notification on September 28th, 211 and the receipt stub on October 3rd, 211, and the defendant didn't pay the deposit of 55, yuan. It was unclear about the refund of the deposit recorded in the notification on October 22nd, 211. The notification didn't have the defendant's signature, which was forged evidence of the company. 4. On October 3, 211, the IOUs with loan amounts of 45, yuan and 2, yuan were written by the defendant himself and in accordance with the unified format of the company.

Zhang Wei, the third party's cross-examination opinions on the above-mentioned evidence provided by the plaintiff: 1. There is no objection to the authenticity of the transfer voucher of RMB 35, from the plaintiff's account to the defendant's account provided by the plaintiff, and the formation and withdrawal voucher of RMB 35, are unclear; 2. There is no objection to the testimony of Qu Guofeng provided by the plaintiff, the testimony of the third party Zhang Wei, and the personal transfer vouchers on September 28, 211 and October 3, 211; 3. It is unclear about the notification on September 28, 211 and October 22, 211. The third party is only responsible for banking-related business, and the specific method of hotel deposit refund is unclear.

Defendant Wang Zhanming provided the following evidences to prove that there was no real loan-loan relationship between the original and the defendant: 1. The detailed account of the plaintiff's Wang Xuecheng Huaxia Bank's 12×××× account from September 8, 211 to October 7, 211 and the detailed inquiry of the plaintiff's deposit financial transaction in this account on October 3, 211 (including counterparty information). On October 3, 211, it was transferred from the plaintiff's account to Gu Honglei and Kang Jian respectively, in order to fulfill the deposit requirements of Qingdao Sanli Group Co., Ltd.; 2. On January 1, 211 and January 1, 212, the plaintiff, as the representative of Qingdao Sanli Group Co., Ltd., signed two contracts for the management of company cadres with the defendant Wang Zhanming, and the supplementary agreement for the management contract of management cadres on January 1, 212, providing a copy of the defendant's computer attendance list and a copy of his temporary residence permit, which proved that the contract signed by the defendant Wang Zhanming as a middle-level cadre of Qingdao Sanli Group Co., Ltd. and the defendant had a relationship between management and defendant management. In the supplementary agreement, 3. A copy of the supplementary agreement to the management cadre management contract on October 9, 211, which stipulated that the defendant Wang Zhanming would voluntarily pay RMB 1 million as the performance bond; 4. The civil ruling of Chengyang District People's Court of Qingdao (215) No.2928, which proves that Qingdao Sanli Group Co., Ltd. v. Wang Zhanming had a labor relationship with Wang Zhanming in the case of private loan dispute, and the money involved occurred during the labor relationship between the two parties, so the loan did not fall within the scope of acceptance of the people's court, and the claim of Qingdao Sanli Group Co., Ltd. was rejected according to law; 5. A civil judgment of Qingdao Chengyang District People's Court (213) Chengminchuzi No.18, which found that Qingdao Sanli Group Co., Ltd. handled the deposit in the form of IOUs in personnel management, and rejected the plaintiff's claim in this case; 6. A photocopy of the notice on the form of deposit payment on August 17, 211, in which it is recorded that "writing requirements for deposit IOUs (3) If the amount of deposit IOUs is 15, yuan or more, it must be indicated on the IOUs (stocks/shares/houses/cars); 2. The time limit for the deposit to go to the bank requires that the deposit go to the bank, and the finance department should complete it the next day from the day it is received, but the longest time shall not exceed 3 days "; A copy of the notice on the form of deposit payment on March 16, 212, which records that "from March 16, 212, the borrower who goes through the formalities of paying the backbone deposit by the deposit handling Commissioner can only be the senior leader designated by the company"; 7. A copy of the minutes of the meeting of the Standing Committee of Qingdao Sanli Group Co., Ltd. on September 26, 211, in which the second item of Article 4 on two pages records "Work arrangement for performance bond payment of middle and senior cadres, and relevant procedures shall be handled within this week" and the third item records "Combining the cases of Shi Hongying and Liang Yanhua, all management cadres write their understanding of the above issues", and the defendant thinks that Shi Hongying's case is the (213) Chengminchuzi No.18 of Chengyang District People's Court of Qingdao. 8. A copy of the IOU of Shi Hongying's case in the file (213) Chengminchuzi No.18 of Chengyang District People's Court of Qingdao, which states: "I have borrowed 8,. yuan in cash (in words: eighty thousand yuan only). Birthplace: * * Village, Tancheng Town, Tancheng County, Shandong Province Address: No.7, Changcheng Road, Chengyang District, Qingdao City, Shandong Province 4 households ID number: 371322198411196913 Borrower: Xianlong Li Date: June 17, 21 ",which is consistent with the writing format of the loan in this case, and all the ID cards, names and contents are stamped with handprints. 9. A copy of the civil judgment (215) No.88 of Chengminchuzi and a copy of the civil ruling (215) No.89 of Chengminchuzi of Chengyang District People's Court of Qingdao, which prove the fact that employees of Qingdao Sanli Group Co., Ltd. made IOUs for the company to pay the deposit. All employees wrote IOUs according to the unified model of the company, and there was no clear lender in the IOUs; 1. In the file No.18 of Chengyang District People's Court of Qingdao (213), page 39 of the examination and approval form for handling the deposit and page 33 of the list of the deposit payment, the examination and approval form for handling the deposit records the borrower and the borrower, and the reason for handling the deposit is the performance bond of cadres, amounting to 1 million yuan. In the lower right corner, there are 5, people who go to the bank at the middle level, and the other 5, are ordinary procedures. This evidence also confirms the fact that Qingdao Sanli Group Co., Ltd. handles the deposit for employees through bank transfer; The list of deposit payment shows that the employees of Qingdao Sanli Group pay deposit, and the amount paid varies according to different positions; 11. On May 6, 211, a copy of the loan procedures for the borrower to bear the losses in the form of work deposit, and the precautions for paying the deposit stipulated the writing format of the loan and the number of loan procedures. 1 set of procedures for 1, yuan and below, 2 sets of procedures for 1, yuan and 3, yuan and below, 3 sets of procedures for 3, yuan and 5, yuan and above, and more than 5, people with the same procedures will communicate with each other, and each set of IOUs will be handled as follows.