Lawyer

Chapter 52
He Zhen felt that Zou Kaiyuan bought the house earlier, so it had nothing to do with her; his salary was only so little, and the furniture and appliances could not be sold at a high price. , but she felt that both of them got a license to sleep together, she had fulfilled her promise, the debts were all cleared, and the matter was very simple, so she didn't hire a lawyer.

The facts and reasons for He Zhen's lawsuit are extremely simple. It probably means that the two parties did not know each other well before they got married, and because of their emotional discord after marriage, they requested a divorce. In terms of property division, they claimed that their respective belongings belonged to each other.

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

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

The defendant had lent the plaintiff 14 yuan. Since the two parties agreed to divorce, the relationship between husband and wife due to marriage was terminated, and the plaintiff should return all the arrears.

The defense is over. "Fang Yi said.

"Now the cross-examination of evidence begins. Plaintiff, do you have any other evidence to submit besides the existing evidence?" asked the judge.

"It's gone. Only the marriage certificate. The rest of the clothes belong to each of them, and the money in the bank card belongs to each of them. The house belongs to him. I don't want any furniture and appliances in the house." He Zhen said lightly.

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

Regarding a marriage certificate, the plaintiff did not submit any other evidence, and Fang Yi agreed with 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, the defendant has bank transfer records." Fang Yi submitted a copy of the transfer voucher.

The original IOU of 6 yuan that Zou Kaiyuan lent to He Zhen to pay the rental fee was nowhere to be found. Zou Kaiyuan suspected that He Zhen destroyed it while he was away after getting married.

"When did all this money happen, 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 6 yuan, which was borrowed by the plaintiff from the defendant to pay the rent. After that, the plaintiff wanted to repay the personal debt, and the defendant gave her another 5 yuan. The bank transfer records showed the transfer time. It all happened before the marriage certificate was issued.

After the marriage, the defendant transferred another 4000 yuan to the plaintiff in five installments, and there are transfer records and transfer time.The total amount transferred by the defendant to the plaintiff was 14 yuan. "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 agree with all these transfer records, but the defendant told me that as long as I marry him, the account between us will be wiped out. Now that I am married to him, we have long been separated from each other according to the previous agreement. I owe you." He Zhen said with her eyes wide open.

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

Judge, you can take a look at my chat history, this is completely a transaction, she proposed to repay the debt with her life, I like her, that's why I agreed.

I want to live with her in a down-to-earth manner, but who knows that she will die within a month of marriage and must get a divorce. This is premeditated, she just wants 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: "I promise the other party to forgive the debt after marriage, why didn't this guy mention it before!"
"That's what I think, what's the matter, you still agreed! To say that I cheated money, this is what we agreed, one is willing to hit and the other is willing to suffer, who is to blame!" He Zhen said relentlessly, and said As he said that, he stood up, as if he had been beaten with chicken blood.

"Okay, both of you calm down, I don't ask you not to talk." Seeing that the faces of both parties were pale in a hurry, the judge hastily knocked the gavel twice, and warned.

"Defendant, what is the money transferred after marriage?" the judge asked.

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

"Plaintiff, where did the money go after the marriage?" the judge looked at He Zhen and asked.

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

The judge took a look and didn't say anything. After a while, he asked, "Do you have any other property to be divided? Are there any joint claims and debts?"

"No more!" both parties replied.

……

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

He Zhen didn't know what to say, so she repeated her previous request.

Fang Yi cleared his throat: "First of all, the plaintiff and the defendant married not for the purpose of spending the rest of their lives together, but for repaying debts, which is against the real purpose of marriage. Now that both parties agree to divorce, the court should order Both parties divorced.

Secondly, both the defendant and the plaintiff mentioned the matter of getting rid of debts through marriage, and the defendant believed that the essence of this statement was a conditional gift.

The defendant attached the condition that the plaintiff and the defendant were married and lived together in a normal husband and wife relationship.However, the plaintiff did not meet the requirements, filed for divorce within 20 days of marriage, and separated. It is obvious that the two parties cannot live in a normal husband and wife relationship, which means that the conditions attached to the gift have not been fulfilled.After the divorce, the plaintiff shall repay all loans to the defendant.

In addition, our country implements a marriage system of 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. The non-existence has a legal basis, so the plaintiff should repay all the loan to the defendant. "

After finishing speaking, Fang Yi swallowed his saliva, and continued: "The 4000 yuan transferred by the defendant to the plaintiff after marriage was paid by the defendant to maintain the relationship between the husband and wife. Now that the plaintiff requests a divorce, the defendant has the right to ask the plaintiff to return the previous payment. payment."

Zou Kaiyuan transferred 4000 yuan to He Zhen after marriage. Yi Qianqian told Zou Kaiyuan that the money would basically never come back. It is normal and reasonable for the husband and wife to live together and transfer money to pay living expenses. The judge His request will not be supported.

But Zou Kaiyuan didn't give up, and asked Fang Yi to help him get the money with the attitude of a dead horse as a living horse doctor.

Fang Yi had no choice but to add this item to the lawsuit, and racked his brains to write down the reasons.

(End of this chapter)