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Borrowing money, sometimes it's troublesome, sometimes for the sake of face, you don't even have an IOU, especially when relatives and friends borrow money, you can't save face. Although it is more cumbersome to sign a written contract, you can have a guarantee when you ask for money.
Case:
Zhang and Li are fellow villagers, and they are both engaged in sales in the county's agricultural product wholesale market. On August 3, 2020, due to the customer's purchase needs, Zhang "adjusted" a batch of goods from Li, and the agreed ** at that time was 120,000 yuan. Zhang paid 2,000 yuan in cash on the spot, and 10,000 yuan at the end of the payment. Two days later, Zhang temporarily borrowed 10,000 yuan from Li, and Li transferred 10,000 yuan to Zhang through WeChat. On September 2, 2020, Zhang wrote an IOU to Li, which stated: Because he borrowed a batch of goods from Li and needed to borrow 10,000 yuan from Li for the purchase of goods, a total of 180,000 yuan.
Afterwards, Li asked Zhang for money many times, but Zhang just refused to give it, so Li filed a lawsuit with the people's court in advance, demanding that Zhang repay 20,000 yuan and its interest. Zhang claimed that the 2,000 yuan loan had been offset with the goods, and only 1 needed to be repaid80,000 yuan principal. Li felt that he was kind enough to help, but he didn't expect Zhang to be so untrustworthy, can he still do this borrowing money in the future?
Legal Analysis:
In this case, when "adjusting" the arrears of goods and borrowing 10,000 yuan, Li did not obtain written evidence, which is a certain risk. But afterwards, Zhang issued an IOU to make up for the risks formed in the early stage. It's just that the IOU states "a total of 180,000 yuan", which is inconsistent with the 20,000 yuan advocated by Li. Zhang's explanation was that he had repaid 2,000 yuan, but Li did not agree with this statement. In this regard, both parties need to produce relevant evidence to prove whether the 2,000 yuan is repaid, and to prove that the purpose of repayment is to repay the loan or pay for the goods. Li advocated the interest on the loan, and Zhang was only willing to repay the principal, and ultimately it still depends on the interest agreement in the loan contract, if there is no agreement, then it is deemed that there is no interest.
Dispute resolution skills
The loan contract can be concluded orally or in writing, but in order to avoid disputes in the future, it is recommended that a written contract be concluded.
The advantages of a written contract over an oral agreement are:
1) The written loan contract can prove the existence of a loan relationship between the parties, and even if it is later to the point where the people's court sues to demand repayment of the money, the written loan contract is also an important basis for initiating a lawsuit.
2) The written loan contract can clearly show the specific content of the loan relationship between the parties, such as the loan amount, interest, repayment date, guarantee matters, etc., which also provides a basic basis for dispute resolution.
3) The written contract protects the legitimate rights and interests of the lender well, and it is not easy for the borrower to "repay the debt".
It is important to note that even if there is no written contract at the time of borrowing, other evidence that can prove the facts and circumstances of the loan needs to be properly collected and preserved. For example, loan receipts, chat and transfer records in WeChat, bank account transfers and postscripts, and certificates from guarantors or other witnesses.
In fact, a written loan contract does not necessarily require a formal contract to be signed, and IOUs, IOUs, and other documents that can prove the fact of borrowing can also play the role of a written loan contract. Even if no IOU or other written note is issued at the time of borrowing, various written loan notes that are re-signed afterwards can still have the effect of a written contract.
This article was originally written by 365 days for the people, **Please indicate the source.