As the ten classic cases
2017-03-15 14:29:35
The parties have the responsibility to provide evidence to prove the facts on the basis of their claims. Where there is no evidence or evidence to prove the facts of the party, the party who bears the burden of proof shall bear the adverse consequences. Legal lending relationships are protected by law. Between the plaintiff and the defendant Zhao Zhiqiang borrowing facts by the defendant Zhao Zhiqiang signed the "loan confirmation", the corresponding bank transfer documents and other evidence to prove that it is between the plaintiff and the defendant Zhao Zhiqiang's lending relationship is established according to law. The plaintiff accepted the defendant Zhao Zhiqiang has returned the loan XXXXXXX yuan, the court confirmed. Defendant Wu Yaojun argued that although the case did not know the loan, the borrower is not used for a couple living together, should not be jointly debt, but it failed to provide the corresponding evidence to prove the defendant at the same time, Wu Yaojun also failed to adduce evidence to prove the case with debt does not belong to the couple's joint debt situation, the defendant argued that Wu Yaojun in the hospital, it is difficult to adopt. The above debt occurred in the two defendants in the relationship between husband and wife during the period, should be the joint debt. The plaintiff requested the two defendants jointly bear the responsibility of repayment, and in accordance with the people's Bank of China to pay the same period of the loan interest rate of four times the interest paid, in law is not contrary to the support of the court. Accordingly, in accordance with the "People's Republic of China contract law" article eighth, article 206th, article 207th, "interpretation of the Supreme People's Court on Several Issues concerning the application of the" People's Republic of China marriage law "(two)" twenty-fourth, "the Supreme People's court" Several Provisions on Civil litigation evidence of the provisions of article second, the judgment as follows:
First, the defendant Zhao Zhiqiang, the defendant shall be within ten days of the date of this judgment shall be returned to the plaintiff jointly with the plaintiff yuan XXXXXXX yuan of loans in days;
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