Lawyer's character

He Zhen felt that the house was bought by Zou Kaiyuan earlier, and it had nothing to do with her; his salary was only a little, and the furniture and appliances could not be sold at high prices. The most important thing was debt. She owed Zou Kaiyuan, which was the key to the case. , but she felt that both of them had obtained their certificates and slept together, that she had fulfilled her promise, that all her debts were cleared, and that the matter was very simple, so she did not hire a lawyer.

The facts and reasons for He Zhen's lawsuit are extremely simple. It probably means that the two parties lacked understanding before marriage and had a discord after marriage, so they requested a divorce. In terms of property division, they claimed that their belongings should be owned by each other.

"The defendant pleads." The judge raised his eyelids and glanced at the dock.

“The defendant agreed to the divorce, but did not agree to the method of property distribution.

The defendant once lent the plaintiff 144,000 yuan. Since both parties agreed to divorce, the relationship between husband and wife due to marriage ended, and the plaintiff should return all the money owed.

The defense is completed. "Fang Yi said.

"Now let's start the evidence and cross-examination. Plaintiff, in addition to the existing evidence, do you have any other evidence to submit?" the judge asked.

"No more. Only the marriage certificate. The rest of the clothes belong to each of us, and the money in the bank card also belongs to each of us. The house is his, and I don't want any of the furniture or appliances in the house." He Zhen said lightly.

"The defendant cross-examined," the judge said.

As for the marriage certificate, the plaintiff did not submit any other evidence, and Fang Yi acknowledged this evidence.

"Defendant, do you have any evidence for claiming that the plaintiff should return the loan?" The judge looked at Fang Yi and Zou Kaiyuan.

"There is evidence that the defendant has bank transfer records." Fang Yi submitted a copy of the transfer voucher.

The earliest IOU of 60,000 yuan that Zou Kaiyuan lent to He Zhen to pay the rent could not be found. Zou Kaiyuan suspected that He Zhen destroyed it while he was not at home after the wedding.

"When did all this money occur, before or after marriage?" the judge asked while looking at the evidence.

He Zhen got the evidence submitted by the defendant and looked through it.

"There were two loans before the marriage. The first loan was 60,000 yuan. The plaintiff asked the defendant to borrow it to pay the rent. After that, the plaintiff had to repay her personal debt, and the defendant gave her another 50,000 yuan. The bank transfer record shows the transfer time. This all happened before getting the marriage certificate.

After the marriage, the defendant transferred another 34,000 yuan to the plaintiff in five installments. There is a record of the transfer and the time of the transfer. The defendant transferred a total of NT$144,000 to the plaintiff. "Fang Yi said.

The judge checked the evidence submitted by the defendant, then looked up at He Zhen: "Plaintiff, do you agree with the evidence submitted by the defendant?"

"I recognize these transfer records, but the defendant told me that as long as I married him, the accounts between us would be wiped out. Now that I have married him, according to the previous agreement, we have long been inseparable from each other. I owe you each other." He Zhen glared and said.

Without waiting for the judge to ask, Zou Kaiyuan suddenly said excitedly: "I said that if you marry me, I will forgive your debts, but are you marrying me? Just leave me in a flash. This is just money fraud."

Judge, you can look at my chat history. This is completely a transaction. She proposed to pay off the debt with her own body. I liked her, so I agreed.

I wanted to live a down-to-earth life with her, but who knew that within a month of getting married, she was going to die and had to get divorced. She did this premeditatedly and just wanted to use the marriage to cheat money. She is a liar. "

Fang Yi was stunned. He turned his head to look at Zou Kaiyuan and thought to himself: Why didn't he agree to forgive his debts before he got married?

"That's what I thought. Why haven't you agreed? You said I cheated money. This is what we agreed. If one is willing to fight and the other is willing to suffer, who should we rely on!" He Zhen said reluctantly. As he spoke, he stood up as if he had been beaten to death.

"Okay, both of you, please calm down. Don't say anything without me asking." Seeing both parties' pale faces, the judge hurriedly knocked his gavel twice and warned.

"Defendant, what was the use of the money transferred after the marriage?" the judge asked.

"Buy clothes and jewelry for the plaintiff." Zou Kaiyuan said smoothly.

"Plaintiff, what was the money spent on after the marriage?" The judge looked at He Zhen and asked.

"I bought clothes and an iPhone. I also bought some food and drink for my family and paid the water and electricity bills. I bought this iPhone with the money he gave me. It's the latest model this year." He Zhen said, taking out the phone to show off road.

The judge looked at it without saying anything, and after a moment asked: "Do you two have any other property to be divided? Do you have any common claims and debts?"

"No more!" both parties replied.

…

"Both parties make final statements," the judge said.

He Zhen didn't know what to say and repeated her previous request.

Fang Yi cleared his throat: "First of all, the plaintiff and the defendant did not marry for the purpose of spending the rest of their lives together, but to repay debts, which is contrary to the true purpose of marriage. Now that both parties agree to divorce, the court should order The parties divorced.

Secondly, both the defendant and the plaintiff mentioned that marriage would eliminate debts. The defendant believed that the essence of this statement was a conditional gift.

The conditions attached by the defendant are that the plaintiff and defendant get married and live together in a normal relationship between husband and wife. However, the plaintiff did not meet the requirements. He filed for divorce and separated after less than 20 days of marriage. It was obvious that the two parties could not live in a normal relationship as husband and wife, which meant that the conditions attached to the gift were not fulfilled. After the divorce, the plaintiff should repay all loans to the defendant.

In addition, our country implements a marriage system with freedom of marriage and equality between men and women. The law does not stipulate that one spouse can obtain benefits from the other party due to marriage. In the absence of a contract and no legal provisions, one spouse can obtain benefits from the other party and not There is no legal basis of course, so the plaintiff should repay the entire loan to the defendant. "

After speaking, Fang Yi swallowed his saliva and continued: "The thirty-four thousand yuan that the defendant transferred to the plaintiff after the marriage was the money paid by the defendant to maintain the relationship between husband and wife. Now that the plaintiff wants a divorce, the defendant has the right to ask the plaintiff to return it. previous payments."

After the marriage, Zou Kaiyuan transferred 34,000 yuan to He Zhen. Before the trial, Yi once told Zou Kaiyuan that the money would basically never be returned. It was normal and common sense for husband and wife to transfer money to each other to pay for living expenses. The judge would not support his request.

But Zou Kaiyuan refused to give up, and asked Fang Yi to help him get the money. As for whether the court would sentence him or not, he could only do his best to let fate dictate.

Fang Yi had no choice but to add this clause to the lawsuit and rack his brains to write down the reasons.