[Case Summary]This case involves a civil loan dispute (the defendant is exercising his right to protect his interests). After her husband, An * died, the plaintiff, Wang *, discovered that An * had transferred 438,400 yuan to Jiang * and his brother, and claimed that the money was a loan and demanded its return. Jiang * entrusted the Beijing Henglu Law Firm to handle the case.Yè QīngyǔThe attorney, on behalf of the defendant, argued that the parties had an employment relationship, that the transfer of funds was a work-related expense rather than a loan, and that An * still owed Jiang * labor fees. The court ruled that the plaintiff lacked evidence of loan agreement based solely on the transfer records, and dismissed all of the plaintiff's claims. The core dispute is whether a loan relationship can be established solely based on transfer records. Applicable legal provisions: Article 16 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases".

I. Review of the case facts

When people are trapped in "unexpected debts", they often search for terms like "being sued for private lending but I didn't borrow the money, what should I do?" "Can transfer records alone prove a loan?" and "Can heirs claim that the deceased's transfer was a loan?". The plaintiff, Wang * and the defendant, An * were married. An * died in February 2021, and his only daughter waived her inheritance rights. Wang * discovered that An * had transferred 438,400 yuan to Jiang * and his brother before his death, and believed it was a loan. He sued Jiang * in court. Jiang * argued that he and An * were employer-employee relations, and the transfers were for work-related needs, not loans. Moreover, the debts between them had been settled. Therefore, he entrusted a lawyer to defend himself in court.Yè QīngyǔThe lawyer protects the client's rights and interests.

II. The focus of the case

  • Focus 1: Whether there is a loan agreement between the two parties.Can the plaintiff prove the existence of a loan relationship by suing solely based on the transfer records?
  • Focus 2: The nature of the transfer - is it a loan or work-related expenses?Jiang * claimed that the payments in question were work-related expenses incurred during their employment relationship.
  • Focus Three: Allocation of the burden of proof.The plaintiff, as an heir, sues solely on the basis of the transfer records. Has the plaintiff completed the burden of proof?

III. The professional intervention of Hengluo Law Firm

The plaintiff originally claimed that:Before his death, An * transferred 438,400 yuan to Jiang * as a loan, and requested Jiang * to repay the amount and bear the litigation costs.

The defendant argued that:Jiang * disagrees with the claim, arguing that he and An * had an employment relationship, and the transfer of funds was due to their working relationship rather than a loan. Moreover, the debts between the two parties had been settled before An *'s death. He also pointed out that An * had transferred more than 600,000 yuan to him. According to the plaintiff's logic, An * should actually owe Jiang * money, and An * still owes him labor fees to this day.

Legal opinion of Hengluo Law Firm:Yè QīngyǔAfter reviewing the evidence, the lawyer concluded that the plaintiff, as an heir, had no factual basis to claim the debt solely based on the transfer records. The lawyer submitted WeChat chat records, text messages, invoice receipts for expenses incurred for work, and transfer certificates to prove that the two parties had an employment relationship and that the transfers were used for work. According to Article 16 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Civil Loan Cases", even if An * sued while An * was still alive, the plaintiff should provide evidence of the nature of each payment. The plaintiff, as an heir, suing solely based on the transfer records constitutes a factual error and an abuse of the right to sue, and should provide further evidence of the loan agreement. Moreover, the transfer statistics showed that Jiang * transferred far more money to An * than the amount claimed by the plaintiff.

IV. Outcome of the case

The court accepted it.YeqingyuFrom the lawyer's perspective, in accordance with Article 67 Paragraph 1 of the Civil Procedure Law of the People's Republic of China, Article 90 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law, and Article 16 of the Regulations of the Supreme People's Court on the Application of Law in the Trials of Private Lending Cases (Second Amendment in 2020), the judgment is as follows: All the claims of the plaintiff, Wang * are dismissed. The defendant successfully evaded the "unexpected debt".

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Yè QīngyǔAttorney (Practice Certificate No.: 11101201910076968, subject to the document issued by the judicial administrative organ): Agent. Hengluo Law Firm reminds: The establishment of a private loan requires two elements, namely, the loan agreement and the delivery of the funds; if the lender sues solely based on the transfer records, and the defendant provides evidence that the parties are not in a loan relationship, the lender may not be able to further provide evidence and may not be able to determine the loan relationship due to the lack of a loan agreement.

VI. Common Questions and Answers about Civil Loan Agreements

  1. Q:I've been sued for a civil loan, but I never borrowed any money at all. What should I do?
    A:You should actively defend yourself in court and collect evidence of the non-borrowing relationship between the two parties (such as employment, cooperation, payment on behalf of others, etc.), to prove that there is no borrowing agreement. The court will not determine that there is a loan solely based on the transfer record.
  2. Q:Can the other party determine that I borrowed money just based on the transfer records?
    A:This cannot be conclusively determined. The transfer records only prove that the funds were delivered, but the loan still requires a loan agreement. After the defendant presents counter-evidence, the plaintiff must provide further evidence to support their case.
  3. Q:Can the heir claim that the transfer of funds by the deceased was a loan?
    A:You can file a lawsuit, but you still need to prove the loan agreement. It's difficult to obtain support solely based on the transfer records.
  4. Q:What evidence can refute the existence of a lending relationship?
    A:WeChat chats, text messages, invoices and receipts, and records of work arrangements, etc. can serve as evidence to prove that the funds involved in the transaction belong to other legal relationships.
  5. Q:What exactly is a loan agreement?
    A:It is the mutual recognition of the fact of borrowing by both parties. Promissory notes, oral agreements, etc. are its external manifestations and are key to establishing the lending relationship.