"Thank you so much, Judge!It was your careful trial and patient mediation that helped me recover the 10,000 yuan pension money ......Recently, Dang, who is over 80 years old in Taipingshan Village, Daming Town, Jiaobingshan City, Tieling City, Liaoning Province, said excitedly with 10,000 yuan in cash.
It turned out that Dang and Yan were villagers in the same village and had a kinship. In 2016, Yan borrowed 10,000 yuan from Dang because of an urgent matter at home, and orally agreed that the loan period was one year, without agreeing on interest, and without signing a written IOU. After the loan expired, Dang asked Yan for it many times, but Yan did not repay it. In 2020, Yan issued a written IOU for the party.
I issued an IOU for you in 2020 because I was doing a funeral for my mother at the time, and I was afraid that you would make a fuss, and the IOU also stated that after you took out the IOU issued before, I would repay another 10,000 yuan. Because I have already returned 10,000 yuan to you before, you can't get the previous IOU, and I can't pay you back anymore. ”
During the trial of the case, Yan insisted that he had repaid the loan to the party in cash before issuing an IOU for the party in 2020.
I don't know how to read, I don't have much culture, and I didn't expect that there is a greasy ...... hidden in the IOU you wrote”
Dang said that the two parties did not have an IOU before, because Yan had not repaid the money, and she asked Yan for the IOU issued by Yan when she asked for it, as for what was written on the IOU, because she was uneducated and was already old, she did not know that Yan should repay her arrears of 10,000 yuan and interest.
The two sides are emotionally agitated and do not give in to each other.
A direct judgment not only cannot settle the dispute, but may even intensify the conflict, and cannot achieve the effect of accepting the judgment and ending the lawsuit and harmonizing the neighborhood. Yang Guang, president of the Xiaoming People's Court of the People's Court of Tieling City, Tieling City, Liaoning Province, realized that the case could not be "decided at once", and that it was necessary to untie the "heart knot" of both parties and tear down the "heart wall", so that the case could be truly concluded and "until the end of the case".
While listening to the statements of both parties, Yang Guang consulted the case file materials and refuted Yan's statement from the aspects of case evidence and common sense. She explained the law and reasoning to both parties over and over again, used easy-to-understand language to interpret the rules of evidence, and guided both parties to empathize, and the two parties finally reached a mediation agreement and shook hands.
After Yang Guang's patient explanation, Yan made it clear that he would deliver a certain amount of 10,000 yuan to the party within the performance period, but he was worried that the party would not admit it after receiving the money and sue again, so he did not dare to easily deliver the money to the party. In line with the concept of reducing the burden of litigation on the parties, Yang Guang agreed on the performance time with both parties.
A few days ago, under the witness of Yang Guang and the judge's assistant Zhang Qiuyuan, Yan took the initiative to fulfill the 10,000 yuan agreed in the mediation agreement and the litigation costs of the case of 50 yuan, and the party issued a cash receipt for him on the spot.
Witnessed by Yang Guang (first from left) and Zhang Qiuyuan (first from right), the two parties fulfilled the mediation agreement