i gave myself away

Shi Mo racked his brains, trying to filter out the information of this case from the messy memory, but he couldn't remember it.Recently he has too many cases, more similar cases, his brain capacity has been overloaded.

"Can't remember?" Xie Jincheng put his hands in his trouser belt, his expression relaxed as if he was telling a joke, "Let me help you recall. The applicant for retrial, Kang Sheng..."

Kang Sheng and the respondent Liang Ying were formerly cohabiting boyfriend and girlfriend. During the relationship, the woman borrowed three sums of money from the man at different times. When talking about marriage, the man did not ask the woman to issue an IOU. Later, due to various reasons, the man and the woman broke up, and the man asked the woman to return the 100 million owed. The woman believed that this was the daily expenses given to her by the man and denied the existence of the loan. If he refuses to repay the loan, the man can only take the woman to court.

The first instance determined that the loan was established based on the man’s transfer certificate, and ruled that the woman should repay the 100 million owed and pay interest. , and applied to the High Court for retrial, so the case fell into their hands.

Of course, this is the case explained from the perspective of Kang Sheng.

What Shimo heard here is that the woman and the man are very affectionate. During the cohabitation period, the man spent a lot of money on her. He gave her a huge sum of money three times for her to have fun. Who knew that the man had someone else outside, and the woman broke up sadly. , the man came back with the cheek to ask the woman to repay 100 million yuan...

After exchanging the facts of the case with Xie Jincheng, Shi Mo felt very complicated.Obviously they used to be a pair of inseparable lovers, but now they are strangers. They met each other in the cold court and fought hard for 100 million yuan.Everyone insists on their own opinions, and it is impossible to tell who is real and who is not. The sweet words and vows that used to be made can become hypocritical lies in the face of evil money.

If what the man said is true, the woman is a dishonest villain who owes money and refuses to pay back. If what the woman said is true, the man is a shameless villain. 100 million may seem like a lot, but to a man with a net worth of over [-] million, it is just a drop in the bucket. In the hotbed of love, no one can tell whether he will throw money all over the sky and give gifts to the woman in a moment of pleasure.Both of their arguments are reasonable to a certain extent. However, the law is ruthless and selfless. It only recognizes cold evidence. Human sophistication beyond the level of evidence is not allowed by iron orders.

When Shi Mo received the case, he had already guessed the result of the referee.He still remembers the day when Liang Ying was taking notes for the client, Liang Ying's eyes were red from crying, so that the recording was interrupted several times later, and he had to take a tissue to comfort Liang Ying to open up.Liang Ying's tears were too real, and her crying was too fragile. If she wasn't extremely sad, how could she cry bitterly for him who was a stranger? He admitted that he had a heart of compassion, and he wanted to do his best to help Liang Ying. Even if you know the result is not necessarily satisfactory.

"Xie Jincheng," Shi Mo looked at the uneven lines on the ground without expression, this bumpy road is very similar to Liang Ying's life, misfortune and sorrow, "When you ask next week, you must not let the water go, and you don't have to show mercy. Uh, although this is nonsense, and I know that you will definitely defend the client very seriously, but I still want to tell you something."

"Huh?" Xie Jincheng raised his brows slightly, very puzzled, "The reason."

"I," Shi Mo raised his head with a grin, his smile full of sadness facing the sun, "I want to see what I can do for the client with all my strength."

He has never been so serious and troubled about a case, even if it is just a simple application for retrial. In the interrogation next week, he really tried his best to defend Liang Ying, and launched a trial against Xie Jincheng's application for retrial. The defense is as follows: "First, we and the man are ex-girlfriends. During the relationship between the two, because we like to play mahjong, the money we hold is not enough to pay the debt owed, so the man Remittance to our account in three installments, one is for our debt repayment, and the other is for daily expenses. As can be seen from the transfer certificate submitted by us, the amounts of the three loans are 20 and 30 respectively , 50, the amounts are not the same, and the transfer times were in August 2013, January 8, and June 2014, and the time of each transfer is not far apart. If, as the other party said, the three payments It is for us to do business, so why is the time interval not far away? We run a grocery store, and the purchase price is low. If the first 1 yuan is used for business, then with our own income, the funds are already in full For turnover. If the other party insists that the loan is used by our side for business, then the other party should provide evidence to prove it, but the case has gone through the first instance, the second instance, and today's application for retrial, and the other party has not provided evidence to prove its claim. It is all oral .

On the contrary, we have issued the entry and exit account details and account books of the grocery store during the second trial, proving that there is no huge amount of money entered or disbursed, and the disbursements are all within our acceptable range.If we are using the money for business, the other party should transfer the money to the grocery store account, but in fact, the three sums of money totaling 100 million were all transferred to our personal account. It can be seen that the 100 million is just the other party Expenses to us are not loans.Second, in this case, the two parties did not have an IOU, and there was no other written agreement to prove that the 100 million was a loan. There was only a bank transfer certificate submitted by the other party. If a single certificate is used to identify it as a loan, there is insufficient evidence.Third, if the 100 million involved in the case is a loan, then the interest should be agreed, but in fact, so far, there is no evidence to prove that the two parties have agreed on the interest. "

Xie Jincheng is not a fuel-efficient lamp either. He made a counterargument to Shimo's claim: "First, when the respondent borrowed money, he declared that it was for business, and we put the money into the respondent's account. Complete the loan obligation. However, we do not know whether the respondent actually used the loan for business, and we are not responsible for supervision. The respondent defended on the grounds that the borrowing time interval is short and the funds are sufficient, which is only a personal inference. There is no basis. Second, based on the fact that the two were boyfriend and girlfriend at the time of the loan, we did not require the woman to issue an IOU, nor did we agree on interest. It was also the request of the other party to transfer the money into the other party's personal account. Liang Ying, and the grocery store is run by Liang Ying personally. It is very likely that the account name of the grocery store is also Liang Ying, so we cannot tell whether the remittance account is a personal account or a grocery store account.

Thirdly, among the bank transfer vouchers submitted by us, the last two items are stated as "loans" in the loan purpose. It is real and effective. If the woman thinks this is not a loan, why should we give the woman so much money for no reason?Just tens of thousands of yuan is enough for daily expenses or playing mahjong.If the woman thinks it is not a loan, then we have reasonable grounds to suspect that the three sums received by the woman are unjust enrichment. "

Shi Mo clenched the pen tightly in his hand. Xie Jincheng's rebuttal was excellent, but there were still loopholes to exploit. If it was another case, he would definitely be able to make Xie Jincheng blush, but in this case, he was helpless, he did his best The efforts can only help here: "The total loan of 100 million yuan is not a small amount. If the loan is used for business, according to the trading habits of our lives, both parties should sign a loan contract or issue an IOU, but in this case However, the applicant did not ask us to issue an IOU, which is totally unreasonable."

Xie Jincheng looked at him fixedly, and did not make any further comments.

The interrogation ended during the heated debate between the two. Shi Mo walked out of the court with Xie Jincheng in a daze, and looked up at the blue sky. became gloomy.

"Xie Jincheng, who do you think will win this case?"

Xie Jincheng touched Shi Mo's head, and the meaning in his tone was vague: "You and I know it well."

Shi Mo was silent, and just when Xie Jincheng thought he was going to end the topic, he asked curiously: "If one day you broke up with me, would you ask me to pay you back your food expenses?"

Xie Jincheng smiled: "I won't let that day come."

"Who asked you this?" Shi Mo yelled with puffy eyes, "I'm asking if you want me to pay it back?"

"Yes," Xie Jincheng answered without hesitation, "I have a high interest rate, and you can't afford it. You must stay by my side for the rest of your life, and don't even think about going anywhere."

Shi Mo's surprised expression was very rich: "Excessive, high interest is illegal!"

"Let me decide." Xie Jincheng's tone was irresistible.

"Why should you be the master, I can also be the master. I can go wherever I want."

Xie Jincheng held Shi Mo's hand, pulled him away: "Well, you said you wanted to go home."

"Hey, hey, I didn't say that..."

Shi Mo had no right to speak at all, and was dragged onto the little eDonkey by Xie Jinchengsheng.

"drive home."

Shi Mo snorted angrily, and as soon as he got into the car and held the handle, his back with his head lowered became gloomy: "Xie Jincheng, I'm actually convinced in my heart that the woman is innocent."

"Don't completely believe what the person said." Xie Jincheng warned him, "I told you."

"But I can't lie to my conscience," Shi Mo scratched his head lightly, looking free and unrestrained, but in fact, there was a strong sadness in his voice, "But I have tried my best."

Xie Jincheng wrapped his hands around Shi Mo's trembling body: "Believe it or not, you decide for yourself. No matter what the result is, it is your choice. Stick to your beliefs and go on."

In the end, the High Court ruled to arraign the case, and the arraignment was still represented by Xie Jincheng and Shi Mo. During the trial, their views were basically the same as when they applied for retrial, and there was no new evidence to submit. They had already made a decision on the final judgment of this case. , but no one said it.

The judgment results two months later, as they expected, the court determined that two of the transfer vouchers totaling 80 yuan were marked as "loans", and the other transfer vouchers that were not marked as "loans" were rejected. It was recognized as a loan, so the woman was ordered to repay the two loans, totaling 80 yuan.

When Shi Mo held the verdict, his heart was very heavy. This result was already expected by him. No matter how high-sounding the reasons and propositions were, the cold evidence was solid. There was a loan certificate and the purpose of the loan was stated. The woman thought it was not Borrowing, but no evidence that it is not a loan, the final court can only make a determination based on the most probative evidence.

When she handed the verdict to Liang Ying, she broke down in tears and said that she thought she was not a good person, that her private bank account did not set up a mobile phone message reminder, and she never knew that Kang Sheng had written the purpose of the transfer, which led to being tricked. I am in debt.She cried bitterly, saying that she would not be able to pay back the huge sum of money even if she died.At that time, Shi Mo felt very sad, even very angry, why did he have to be so calculating when he was in love so much.

He didn't know the truth of the matter until later, when he suddenly discovered that he seemed to have realized something.

It turned out that Liang Ying met Kang Sheng, the big boss, by accident. The two were very affectionate, and Kang Sheng often gave Liang Ying money. Unfortunately, the good times did not last long. Others do it, but I don’t do my job properly. I play mahjong with others every day and lose everything. At the beginning, Kang Sheng liked her very much and was willing to give her money. That’s how the first 20 yuan was transferred, but then Liang Ying intensified, In less than a few months, he asked Kang Sheng for 30 yuan on the grounds of doing business. Kang Sheng readily agreed, but he kept an eye out for it. He knew that Liang Ying's mobile phone did not have a bank notification SMS, so he was transferring money. At that time, it was stated as a "loan" on the purpose of the transfer, but Liang Ying was not told that it was a loan, and the same was true for the third tranche of 50 yuan.Liang Ying's spending money became more and more terrible. Not long after the third transfer, Kang Sheng saw through Liang Ying and proposed to break up. Who knew that Liang Ying was relentless and clung to him. He had no choice but to sue Liang Ying in the court. Ying repays the loan and teaches her a lesson.

"Will you still believe the client's words in the future?" Xie Jincheng asked Shi Mo when he knew the truth.

"Although the truth is unexpected, I don't regret the hard work I have put in for the client," Shi Mo said angrily, "It is true that the woman is doing it for herself, but the man's calculations are not a good thing. The money that is willing to give is just thrown away. If you don’t want to give the water, then don’t give it. If you give it, you still plan to let others pay the debt. I look down on such a man. It’s like you invite someone to dinner. After a while, you broke up with him. Giving money to others for dinner is not the same as treating guests, it is shameless."

Xie Jincheng patted Shi Mo's head: "Everyone is at fault in this case."

"Xie Jincheng, in fact, before I knew the truth, I really thought she was innocent. Although it is proved to be a lie now, I was very happy when I was doing the case. I just wanted to help her get justice and protect her interests. " Shi Mo raised his head with a smile, the sun fell on his face, and it was covered with brilliant rays of light. At that moment, Xie Jincheng seemed to see the light, "I, I may have found a way that suits me."