On February 27, the Litigation Service Center of Zhengzhou Free Trade Zone Court (Economic Development District Court) successfully mediated a loan contract dispute, and mediator Zhu Lihong sent the warmth of a spring breeze to the parties with sincerity and enthusiasm, and effectively safeguarded the legitimate rights and interests of the parties with efficient and convenient judicial services.
The circumstances of the case
Due to the defendant's capital turnover needs, on October 28, 2020, the plaintiff and the defendant signed the Loan Agreement, which stipulates that the defendant will borrow RMB 1.98 million from the plaintiff for the defendant's working capital turnover, with a loan term of 2 years, from October 30, 2020 to October 30, 2022, with an annual interest rate of 12%. Among them, Article 3 makes a clear agreement on the repayment method: "After the loan expires, Party A shall first settle the interest on the advance loan;If Party A needs to continue to use Party B's loan, and the two parties renegotiate the interest rate and term, and the negotiation is inconsistent, Party A will return the principal of Party B's loan. "From October to December 2020, the plaintiff successively lent a total of 1.98 million yuan to the defendant through bank transfer. After the loan expired, the defendant failed to repay the principal and interest as agreed, and the defendant delayed the payment on the grounds of financial difficulties after the plaintiff repeatedly urged it.
Mediation process
After Zhu Lihong, the mediator of the litigation service center, learned about the general situation of the dispute from the plaintiff, he immediately contacted the person in charge of the defendant in a construction group in North China to inform the defendant of the lawsuit. The defendant had no objection to the loan owed, but was unwilling to cooperate with the mediation. There should be a basis for mediation in a loan contract dispute, so why is the defendant unwilling to mediate?What is the problem?
With doubts, mediator Zhu Lihong invited the two parties to the court and arranged an on-site mediation for them.
It's really hard for you, you still insist on coming over on such a cold day, let's drink hot water to warm up first. Zhu Lihong handed the water cup to both parties, and the words reached the hearts of the people like that cup of hot water, which eased the tense atmosphere that was originally due to the dispute. "I hope that everyone will be calm and honest with each other and work together to find a fair and mutually acceptable solution. At the scene, the mediator Zhu Lihong explained the Civil Code and other relevant contents in detail to the person in charge of the defendant company, and then did back-to-back empathy mediation for both parties.
During the communication, the person in charge of the defendant company learned that the loan had expired one year ago, and the plaintiff Wang did not urgently urge him to take care of his situation, but now because his wife is not in good health and unable to work, and the two children are in a hurry to use the money when they are admitted to university, the defendant has no choice but to file a lawsuit because he has not said anything about repaying the money. The person in charge of the defendant company realized that his party's actions were inappropriate, and under the guidance of the mediator, sincerely apologized to Wang Moumou and asked for his understanding. Considering that the defendant company was in financial difficulties, the plaintiff said that it could repay the loan in installments to relieve its financial pressure, and the two parties shook hands and signed a mediation agreement to reach a settlement.
In the new year, the Zhengzhou Free Trade Zone Court (Economic Development Zone Court) will continue to uphold the feelings of "as I am suing" for the people and the responsibility of "up to the end", let the parties feel the temperature of good law and good governance in the subtleties, and solve the "legal knot" and "heart knot" for the parties in empathy and resonance.
*: Elephant News).