[Case Summary]This case involvesCivil loan disputes(Involving the fraudulent obtaining of loans from financial institutions and their subsequent re-lending). On November 30, 2021, Han * borrowed 24,000 yuan from the plaintiff. Liu * transferred 20,000 yuan and 4,000 yuan in two installments, and agreed to repay 1,822 yuan per month for a period of 12 months; however, after repaying 1,822 yuan, Liu * failed to make any further repayments. Among the 20,000 yuan, Liu * borrowed 10,134.5 yuan from Jiebei and then lent it out. The plaintiff entrusted the Beijing Henglu Law Firm to handle the case.Wang FangliThe lawyer filed a lawsuit. The lawyer pointed out that the lender's funds must be his own funds, and that he had obtained loans from financial institutions and then lent them out againThe loan contract is invalidHowever, after the contract is deemed invalid, the property obtained from the contract should be returned, and the party can claim damages such as the loss of use of funds. The court accepted some of the claims and ruled that the defendant should return the principal of 18,178 yuan, pay damages of 1,013.45 yuan and interest, and return 4,000 yuan and interest. The core dispute is the return of funds and the assumption of damages after the invalidation of the loan transfer contract; the applicable legal provisions are the provisions of the Judicial Interpretation on Private Lending regarding the invalidation of loan transfer obtained by fraudulent means.

I. Review of the case

"Can I get my money back if I lend money to a friend through Jiebei?" and "What should I do if a friend refuses to admit borrowing money?" are common problems faced by young people. On November 30, 2021, Han * borrowed 24,000 yuan from the plaintiff for working capital, and Liu * transferred the money to Han * in two installments (20,000 yuan and 4,000 yuan) via bank transfer, with an agreed loan term of 12 months and a monthly repayment of 1,822 yuan. On December 16, 2021, after repaying 1,822 yuan through Alipay, Han * failed to make any further repayments. Liu * repeatedly demanded repayment but to no avail, so he entrusted Beijing Henglu Law Firm to handle the case for him.Wang FangliThe lawyer filed a lawsuit with the court. After investigation, it was found that the 20,000 yuan borrowed by Liu * was obtained from Jiebei Loan. He repaid the loan on April 2, 2022, and paid a total of 1,013.45 yuan in interest.

II. The focus of the case

  • Focus 1: Whether the loan contract is valid if the borrower withdraws funds from Jiebei and then lends them to others.The key issue in determining the nature of this case is whether the contract is invalid because the borrowed funds were not the lender's own funds, but were obtained by fraudulently obtaining loans from financial institutions and then lending them out again.
  • Focus II: Can the principal be recovered after the contract is invalid, and how to bear the losses?Under an invalid contract, the property should be returned, and the losses such as loan interest and service fees should be borne by whom? This determines the scope of recoverable damages.
  • Focus 3: Has the 4,000 yuan been waived, and has the 20,000 yuan been offset by goods?The defendant claimed that he was exempted from paying 20,000 yuan and 4,000 yuan by offsetting them with the purchased goods. Whether he can provide evidence to support this claim will determine the determination of this part of the case.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Liu*) claims that:The plaintiff claims that the defendant borrowed 24,000 yuan, and the facts are clear. The plaintiff requests the court to order the defendant to repay the principal of the loan of 24,000 yuan and the interest, and to pay the loan loss of 1,013.45 yuan and the interest.

The defendant (Han * ) argued that:Han * acknowledged receiving 24,000 yuan, but claimed that due to the cooperation between the two parties, they agreed to offset the 20,000 yuan loan by purchasing goods; and regarding the other 4,000 yuan, the plaintiff once stated in January 2022 that it did not need to be returned.

Hengluo Lawyer's Agency Opinion:Wang FangliThe lawyer explained to the client that in private lending, the lender's funds must be their own. Private lending contracts that use loans from financial institutions for onward lending are invalid. Of the 24,000 yuan, 20,000 yuan came from a Jiebei loan, so the lending transaction was invalid. However, after the contract was declared invalid, the property obtained through the contract should be returned. To maximize the client's rights and interests, the lawyer filed a lawsuit on their behalf. The court held that both parties were at fault for the contract's invalidity and should bear their own responsibilities. The defendant should not gain additional benefits from collecting the loan. According to the principle of fairness, the defendant should return the principal and also pay the plaintiff the interest, service fees, and financing charges actually incurred from the loan. Regarding the 4,000 yuan, the defendant claimed that the plaintiff had waived it but failed to provide evidence, so the court did not accept the claim.

IV. Outcome of the case

After the trial, the court accepted some of the claims of Hengluo Lawyer and ruled as follows in accordance with relevant laws and regulations: 1. The defendant shall repay the plaintiff the principal of the loan of 18,178 yuan, pay the damages of 1,013.45 yuan, and pay the interest within seven days from the effective date of this judgment. 2. The defendant shall repay the plaintiff the principal of the loan of 4,000 yuan and pay the interest within seven days from the effective date of this judgment. The plaintiff successfully recovered the principal of the loan and the loan losses.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Wang FangliThe lawyer (practice license number: 11101201911086939, subject to the document issued by the judicial administrative organ) acts as the agent. Lawyer's tip: When lending money to others, the funds should come from your own capital. If you withdraw funds from financial platforms such as Jiebei and Weilidai and then lend them out, the loan contract will be invalid and it will be difficult to claim the full amount of interest losses. When lending money to friends, you should lend according to your ability and keep the relevant evidence. If the "friends refuse to acknowledge the debt", you should promptly entrust a professional lawyer to protect your rights.

VI. Common Questions and Answers about Cases Involving Creditor-debtor Relationships and Loans

  1. Q: If I lend the money from Jiebei to a friend, is the contract valid?
    A:The private lending contracts used to obtain loans from financial institutions and then re-lend them are invalid. However, after the contracts become invalid, the borrowers should still repay the principal, and the lenders can claim damages such as the loss of use of the funds.
  2. Q: If the contract is invalid, can I still get back the principal amount?
    A:Yes, after the contract is invalidated, the property obtained through the contract shall be returned, and the borrower shall return the actual principal obtained.
  3. Q: My friend said I don't need to pay back the 4,000 yuan. What should I do if I don't have any evidence?
    A:The debtor needs to provide evidence to discharge the debt. If the other party fails to provide evidence, the court will not accept it, and the debtor should still repay the corresponding amount of money.
  4. Q: If the transfer loan contract is invalid, who should bear the loss of the loan interest?
    A:Both parties are at fault and should bear their respective responsibilities. However, the borrower should not gain any additional benefits from receiving the funds. Generally, the borrower needs to pay the actual interest on the loan and the funds utilization fee charged by the lender.
  5. Q: What should I pay attention to when lending money to a friend?
    A:Borrow money with your own funds, issue a written IOU, and keep a record of the transfer to avoid loan fraud and timely consult a professional lawyer in case of disputes.