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Experts help! Case study

1. "What inspiration did you get from this case?": Everyone's inspiration may be different. The inspiration I got are:

(1) No matter how good it is, Friends, be careful when borrowing money.

(2) If you are really a good friend, you really understand each other, and you must borrow: you must write a good IOU and ask the borrower to make a mortgage or pledge to ensure that you can get the loan back when it expires, which will help you. True friends also protect their own legitimate rights and interests.

(3) The other party does not repay the loan when it is due: Don’t fight with them anymore. It is better to go to the court directly to sue. Be careful to sue within 2 years after the due date, and if there is no mortgage, pledge or guarantee Before or during prosecution, you should also apply for property preservation and seal up the other party’s property so that the court’s judgment can be implemented.

2. "What suggestions do you have for solving the infringement incidents encountered by Liu in similar cases?":

(1) The court has no obligation to "find a defendant" for Liu. : Identifying a clear defendant is what the plaintiff should do before filing a lawsuit. If the defendant is not identified when filing a lawsuit, the court will not accept the case. Liu will not be able to protect his own rights and interests and will not receive compensation.

(2) Suggestion: If you can find a clear defendant yourself, you can directly go to court to sue the person who knocked down and injured Liu and ask for compensation on the grounds of infringement of personal health rights.

If the clear perpetrator cannot be found, it is better to sue the cinema to demand compensation: there is a consumer contract relationship between the cinema and Liu, and Liu’s personal safety and the orderliness and order of the cinema should be guaranteed. Safety, Liu was knocked down and injured due to crowding at the exit when exiting the movie. The cinema is liable for breach of contract and should compensate Liu for his losses.

3. "Since the two parties are good friends, please give me some written IOUs": Let me guess, it should be "because" the two parties are good friends and "have not written" the written IOUs?

4. Analysis: When Xiao Chen sues, he should provide a list of evidence instead of the original evidence. However, there is no evidence to prove that Xiao He indeed borrowed money from Xiao Chen. This lawsuit will be lost no matter how hard it is fought. You can find it again. Xiao He sued again after collecting evidence.

Inspiration:

(1) It is correct for brothers to settle accounts clearly: No matter who you lend money to, it is best to write down an IOU or leave relevant evidence, and clearly agree on repayment Term, if conditional, it is best to set a mortgage or pledge or guarantee.

(2) Xiao Chen can ask Xiao He about the time and amount of the original loan, and at the same time secretly record and collect evidence, plus the testimony of insiders, which can form an evidence chain to prove the fact of the loan, and then Then sue: If the above evidence cannot be found and Xiao He is determined not to pay it back, the only option is to forget it and spend the money to teach him a lesson. Pay attention next time. I didn't understand the law and didn't pay attention to leaving evidence, so I suffered a loss. I had no choice but to see clearly a wolf in sheep's clothing.