Without a trial procedure, one of the spouses who is not in debt shall not be required to bear civil liability. At the same time, there must be sufficient evidence to identify the debts of the husband and wife. According to the supplementary provisions of Article 24 of the Supreme Law of 217 on Judicial Interpretation II of Marriage Law, Liu Lan, a Zitong native, recently successfully evaded the debts borrowed by her ex-husband. ? During the marriage between Liu Lan and her ex-husband Zhao Shan, Zhao Shan borrowed 4, yuan for contracting projects, and was sued after failing to pay off the debts. Although Liu Lan had divorced Zhao Shan at this time, she was also one of the defendants. After investigation, Zitong Court held that although the loan occurred during their marriage, Zhao Shan used the loan for contracted projects, but not for family life. Therefore, the loan was not a joint debt of husband and wife, and Liu Lan was not liable for repayment of the loan.
Zhao Shan and Liu Lan are both Zitong people, and they got married in 25. Usually, Zhao Shan mainly contracts some projects outside. On May 8, 213, due to lack of funds, Zhao Shan borrowed 4, yuan from Xiao Ping for one year, from May 8, 213 to May 7, 214, with an annual interest of 8, yuan. If the principal and interest are not returned within the time limit, the principal can be renewed at the interest agreed in the IOU after both parties reach an agreement through consultation.
In the IOUs, there is the signature stamp of Zhao Shan and the signature stamp of Liao Ming, the entrusted agent of the affiliated company. Liao Ming signed on the IOU that "the loan is true, and it is agreed that the project money due to Zhao Shan of the standard factory building project of Qingdongba in Santai County contracted by Zhao Shan will be used as a guarantee for this loan".
after the maturity of the loan, Zhao shan renewed the contract on may 7, 214, June 2, 215, February 6, 216 and March 1, 217 respectively. both parties agreed to extend the loan period, and the interest was calculated at 8, yuan per month. by March 1, 217, Zhao shan owed a principal of 244, yuan, and the interest was paid until February 216.
It is understood that a company has obtained the construction project of Qingdongba standard factory building (Phase I), Zhao Shan and another person are affiliated with the company, and they are the actual constructors of Qingdongba standard factory building (Phase I) project, and Liao Ming is the entrusted agent who signed the internal responsibility contract agreement with Zhao Shan.
On March 14th, 217, Zhao Shan failed to repay the loan and pay the interest in time as agreed, so Xiao Ping filed a complaint and sued Zhao Shan in Zitong Court. At the same time, Zhao Shan was regarded as the defendant, as well as a company affiliated with him and Liu Lan, Zhao Shan's divorced ex-wife.
After the court filed the case, in August 217, Zitong Court held a public hearing to hear the case. During the trial, a company argued that the facts of the loan and the repayment situation were unknown and the company could not confirm it; Zhao Shan is the actual builder, who is affiliated with the company to undertake the project by himself; At the same time, it claimed that the loan was not in the name of the company, and the borrowed money was not delivered to the company account, and the actual use of the loan was not used for the project. Therefore, the repayment responsibility should be borne by Zhao Shan personally.
during the trial, Liu LAN did not appear in court to respond to the lawsuit, nor did she submit a written defense opinion to the court. However, Zhao Shan clearly pointed out that on October 17, 216, he and Liu Lan agreed to divorce and did not mention the debts involved in the divorce.
Zhao Shan stated in his written reply to the court that the loan amount from Xiao Ping was RMB 4, only, and the principal and interest owed was RMB 244, only by February 6, 216; At the time of writing the loan, the above loan was intended to be used for the standard factory building project of Qingdongba in Santai County. After the loan, I am personally responsible for returning the loan, which has nothing to do with a company, because I am affiliated with a company and the funds are solved by me personally. At the same time, Liu Lan didn't know about the above-mentioned loan, and she still doesn't know about it. The final accounts of the project have not been completed yet, so I have no income, which has nothing to do with family life, and the responsibility shall be borne by me.
liuhong, the judge of this case, said that one of the highlights of this case is whether Zhao Shan's ex-wife Liu Lan should bear the responsibility of repayment. Because Zhao Shan was still in marriage with Liu Lan when he borrowed money.
During the trial, Zhao Shan issued a copy of the divorce agreement, debt list and repayment method, which confirmed that Zhao Shan and Liu Lan agreed to divorce on October 17, 216, and did not mention the debts involved in the divorce.
liuhong said that although Liu Lan did not appear in court and submit a written defense, according to the court investigation, although the loan occurred during the marriage between Zhao Shan and Liu Lan, Zhao Shan used the loan for contracted projects, but not for family life, so the loan did not belong to Zhao Shan and Liu Lan's husband and wife. Therefore, Liu Lan was not liable for repayment of the loan.
after hearing the case, the court held that Zhao Shan was affiliated with a company and was the actual constructor of the project involved in the case. Although Zhao Shan's loan from the plaintiff was not directly transferred to the account of a company, Zhao Shan repeatedly indicated that the loan was actually used in the Qingdongba standard factory building (Phase I) project undertaken by a company, and Liao Ming, the entrusted agent of a company, signed Zhao Shan's IOU to confirm that the loan was true. And voluntarily take the project payment due for the standard workshop project of Qingdongba in Santai County contracted by Zhao Shan as the guarantee, so it can be concluded that the loan borrowed by Zhao Shan from the plaintiff was actually used for the standard workshop project of Qingdongba (Phase I) undertaken by a company, and a company should be liable for repayment with Zhao Shan.
Subsequently, Zitong Court made a judgment of first instance, and a company and Zhao Shanhao repaid Xiao Ping's loan principal of 244, yuan and interest within 1 days from the effective date of the judgment, and the interest was calculated at the monthly interest rate of 2% from February 7, 216 until the date of repayment of the principal. A company refused to accept the appeal. Recently, Mianyang Intermediate People's Court made a judgment to uphold the original judgment.