DeHeng Lawyers' Claims Fully Supported by Henan Provincial People’s High Court in a Retrial Case
2022-03-28
Recently, Li Ting, Zhang Jun and Guo Liang of DeHeng's Beijing Office successfully represented a retrial case involving a difficult and complex private lending dispute in Henan Provincial People's High Court which changed the previous court judgment and granted all the client's claims.
Case summary:
Around 2020, the plaintiff surnamed Shao lent nearly ten million yuan of principal to the three defendants including one surnamed Fu, and a loan contract was signed, but the borrowers never paid back the principal and interest in full. In October 2020, Shao filed a lawsuit, and the first-instance court rejected all his claims. In April 2021, the client mandated DeHeng to defend his rights on his behalf.
After consulting the files related to the first trial, DeHeng lawyers found that although the case was a private loan dispute, it involved many natural persons and companies, and besides the private loan, there were many other legal relations. In addition, the interest calculation method was seriously flawed at the first instance, and there were omissions in the rights claimed. After accepting the mandate, DeHeng lawyers comprehensively sorted out the above-mentioned different legal relations, and the data regarding the fund flow, due bill, chat history and the contract involved in the dispute, and reorganized the evidence catalogue. After the second trial, Anyang Intermediate People's Court annulled the first-instance judgement that rejected all the plaintiff's claims, and supported most of them. But there were still some mistakes with the second-instance judgement, such as the calculation criteria of the principal and interest and the cost of realizing the creditor's right.
Therefore Shao applied for retrial on the claims not supported by the second-instance judgement, the interest left out and the expenses for realizing the creditor's rights. The defendants, on the ground that the principal and interest had been fully paid off, also applied for retrial to change the court judgment and reject all the claims of the plaintiff, and submitted relevant “proof of payment” to the court. At the stage of review, the Henan People's High Court finally ruled that Shao's retrial application complied with the second paragraph of Article 200 of The Civil Procedure Law, and brought the case to a trial. After two court hearings, the Henan People's High Court ruled in favor of all Shao's claims.
DeHeng lawyers' professional and meticulous service, serious work attitude and unremitting dedication were the basis for the winning of this case. Faced with complicated evidence and legal relations, they found that the first-instance court was wrong in identifying the facts and applying the law, and by respecting the facts and correctly applying the law, protected the client's lawful rights and interests to the maximum extent. Finally, their legal opinion was adopted by the court, and they won high praises from by the client.
