Private owners , by 1.1 million forced to write 2.

Wang Yan is the owner of a private enterprise in Nanjing. This year in March, a man named Zhang Daliang him to court, said he borrowed 2.5 million a year ago, has not yet asked him with interest but also 300 million. Wang Yan admit its fault, he said the principal did not so much forced him to write IOUs is Zhang Daliang, he actually only borrowed 110 million, more out of all interest and penalty interest. In order to prove himself not a lie, he played a recording in court, the original, the day forced him to make up IOUs Zhang Daliang door, he secretly recorded audio ... ...

creditors against him / p>
he calls himself Since last year, may borrow that sum of debt, his life is all hell broke loose, countless troubles come, just find any.
because the borrower did not also due this year in March, Wang Yan Zhang Daliang by creditor to court. Zhang Daliang in the indictment submitted to the court said, February 20, 2009, Wang Yan cash flow because of the need to borrow 2.5 million he was, the parties have agreed, by a period of six months, through the period of interest at the lending rate over the same period the People's Bank of China 4 times the overdue need to pay a penalty, as the base to 2.5 million daily to pay five ten thousandths. The agreed repayment date after the deadline, he has dun, but refused to fulfill the repayment obligations of Wang Yan, he had taken to court. Wang Yan Zhang Daliang asked the court to return 2.5 million loan and pay interest by 243,000 during the period, late payment penalty 26 million, for a total of more than 300 million.
received a court summons, Wang Yan shouted wrong, and quickly wrote a reply to the judge-like, tells a different fact.
said Wang Yan, Zhang Daliang he did borrow the money, but certainly not so much. February 2009, by the financial crisis, his business difficulties, lack of working capital, for short-term financing, he was introduced to the Zhang Daliang. 120 million loan was said yes, by period of one month, the two sides signed a loan contract, but not agreed interest. Lee was a contract with a monthly interest 8 points, ie 1 million principal amount of the monthly interest payment of 800 yuan. Subsequently, Zhang Daliang with the transfer of 100 million and 20 million in cash over checks, transfer him to check on the spot, 20 million in cash and taken away. , the fact that I got my money only 100 million!
Two months later, Wang Yan money repayment grace period requests Zhang Daliang, Zhang Daliang said the extension can be, but to pay the penalty. Wang Yan agreed, You Xiang Zhang Daliang took 10 million after the emergency. Wang Yan said he took from start to finish to 1.1 million from Zhang Daliang hands.
250 million IOU is true or false?
borrowers out of recording proved to be false

If Wang Yan telling the truth, then Zhang Daliang 2.5 million promissory note in his hand, how to explain? Wang Yan, and also above the signature IOU! This IOU is true or false? In this regard, Wang Yan explained that the IOU was written after the meeting, he was forced by Zhang Daliang signed words.
introduced, according to Wang Yan, the end of 2009, Zhang Daliang began actively to collect debts and use a lot of extreme measures, including containment of the factory with one door and threatened the workers and so on. Later forced The agreement of the inscribed date is February 2009, amounting to 2.5 million borrowers, loan period of six months, by the People's Bank of China during the same period of interest at 4 times the interest rate calculation does not need to pay overdue fines, to 2.5 million as the base daily pay five ten thousandths.
Wang Yan said he knew that words can not sign, because once the sign meant that he agreed to the loan principal is 250 million, in the future Zhang Daliang will ask him to 2.5 million as a base payment of interest, this calculation down, loss of incredible, but when he was involuntarily, and if you do not sign, the other party will not let him go. Finally, Wang Yan forced the agreement signed. At the same time has also been asked to write two receipts, a check for 100 million transfer is received, another 1.5 million yuan in cash is received. Wang Yan kept that in mind, to 1.5 million yuan written In addition, he also left a hand, make writing IOUs that day, he brought a voice recorder, the sound throughout the recording.
hearing, Wang Yan threw out the Recording, he and his men, lawyers and Zhang Daliang about 2.5 million times the agent of the composition: the first 120 million loan, the actual only got one million, and later by a 10 million penalty all the rest . This is to do with his receipt of the
Zhang Daliang obviously did not expect to be the agent of this recording, and some surprise, but he quickly react, said the recording is hard to determine authenticity,ghd rare, and the conversation not to overthrow a legitimate form of IOU. Wang Yan confident response: If in doubt, do identification. Zhang Daliang agent also pointed out that said Wang Yan, Zhang Daliang will take 20 million in cash as interest on the fact that does not exist. In this regard, Wang Yan not much to show what evidence to refute.
reconciliation closing

with interest the borrower to pay 200 million

of law, the interest rate four times higher than the bank's private lending over the same period, high the part not protected by law. If you really Zhang Daliang loansharking, then the law will not all be protected.
argument and the trial according to the two sides, at least can assume the following facts: Wang Yan Zhang Daliang hands at least twice borrowed from the 130 million, the 130-million, he at least get our hands on 1.1 million. Facts need to be further identified, including: Zhang Daliang there will be 20 million borrowers as interest rates take? 2.5 million, in addition to Wang Yan accepted part of the borrower or other penalty?
Chamber, as the parties reached a voluntary settlement, the judge did not doubt continue to identify these issues. However, reconciliation of both results can be seen, Wang Yan recording played in court was very threatening. The results of both parties is to pay with interest Wang Yan Zhang Daliang 200 million, which less than the amount claimed Zhang Daliang the full 100 million. Of course, Wang Yan certainly a disadvantage, even if the principal amount of 1.3 million in loan terms, interest rates four times over the same period at the bank, must register with interest also far less than 200 million. It is understood that the reason why Wang Yan decision can not wait, because offending other calamity itself, there is really no effort delay. (Paper party is a pseudonym), Wu Yan Chen Shanshan

five feature recognition usury

This is just shortly before the trial court basalt with the dispute. Similar bickering, the judges often witnessed - to the hands of a promissory note debt, borrow money saying that it is usury, though the latter is very likely to say the truth, but as long as no evidence, the judge can not be identified. The loan shark now know how to avoid risks are, IOUs are often perfect, as Wang Yan fortunate to grasp the evidence that very few borrowers, so a lot of loan-sharking dispute eventually suspected by ordinary private lending can only be handled.
judge on the case to remind the public, especially some small business owners often need financing, loan-sharking at risk, once the get into hard to get out, so the borrower must be carefully considered before, earnestly not to
lenders know that sharks are not subject to state usury violations of legal protection, so use various means to cover up the illegal covert purposes: First, a contract with the interest rate, do not write in the loan agreement or contract only to lower interest rates and to ensure that liquidated damages in the form of real interest. Second, the promissory note does not distinguish between principal and interest, while the cumulative amount of principal and interest write-only, in the form of loans to circumvent the ordinary nature of lending sharks. Third, higher interest owed on the formation of compound interest and arrears are still signing new loan agreements or promissory note to a fixed way to achieve formal evidence on the legal and beneficial. Fourth, when the loan deducted from the month of most interest, while release of cash, receivables, to go from bank accounts to avoid leaving traces. Fifth, once the hidden destruction of the incident that lending accounts.
Suojin Village Court Court of Nanjing Xuanwu Shen Lie