Poor Family Chapter 550

  Chapter 550 The new official decides the case (Part 2)

During the period of waiting for the defendant, Li Yanqing was not idle. He went to the back hall to discuss the case with Mo Jun. He didn't want to take the first case facing Jiayu County lightly.

After reading the lawsuit, Mo Jun smiled at Li Yanqing and said, "The one thousand guan money that Song Xiaoyi borrowed happened last summer, and he bought the shop last autumn, so the time is connected. There are two problems here. First, the laws of the Song Dynasty do not recognize the principle of repaying the debts of the father and the son. Since the person is dead, the money does not have to be repaid legally; secondly, it depends on whether the money is guaranteed. If there is a guarantor, the money The guarantor will pay it back. If there is a guarantee item, the plaintiff can request to use the guarantee item to pay off the debt, but the loan contract is rather vague. It only says that the principal and interest will be returned. What does the guarantee mean here? It depends on both parties Have you made a verbal agreement?"

  Li Yanqing asked doubtfully again: "Since there is no reason for the father to pay back the debt, why did the plaintiff have to keep an eye on that shop?"

"Perhaps they think that the purpose of borrowing money is to buy a store. Then this store is the guarantee mentioned by Song Xiaoyi. They want to divert their understanding and turn the store into a guarantee. However, how much this store was bought is still a question. Another question, if the location is better, I guess it would be far more than one thousand guan, one possibility is that Song Xiaoyi didn't have enough money to buy a shop, so he asked the plaintiff to borrow a thousand guan.”

  Li Yanqing nodded, this possibility is extremely high, and he asked again: "Mr. Na Yi, how should this case be resolved?"

Mo Jun smiled slightly and said: "Prefectures and counties pay attention to the six words 'reasonable, lawful, and reasonable' in judging civil cases. As long as the county lord grasps these six words and takes into account the interests of the plaintiff and the defendant, then the case will be easily judged. However, it is best to fully understand the situation before the judgment, and not to listen to the side of the two sides."

  Li Yanqing smiled happily: "Listening to what you say is better than reading ten years of books. I now know what to do."

  At this time, a yamen servant came in and reported: "Qi to the county lord, the defendant and the interlocutor have been brought!"

  Li Yanqing stood up, "Let's go and look at this case!"

   A gavel sounded, and the case reopened for trial. Li Yanqing shouted: "The man with teeth!"

The commodity economy in the Song Dynasty was highly developed, and the contract management was also very perfect. Some transactions, such as land and house sales, also had official standard contracts. Common loan transactions like this must also be signed by dental witnesses. The contract is in triplicate. Each party has a copy, and the intermediary gets one copy. If there is a dispute, the government will recognize the contract, and the pen and paper shall prevail.

The spirit of contract in the Song Dynasty far exceeds that of later generations. To give a simple example, for example, the monarchs of the Song Dynasty often issued edicts to forgive some public and private debts to show compassion for the people, but it was very unfair to the debtors to encounter such kindness, so many debtors were in the contract. In particular, the clause of 'amnesty guarantee' was added to avoid the impact of the king's amnesty on the creditor's rights.

Once there is a dispute between the two parties and a lawsuit, even if the debtor uses the king's pardon as a reason to request debt forgiveness, the government can't do anything about it. After all, the "amnesty guarantee" clause is written there, and the government can only recognize the contract. "There is also a clear provision in "Public or private use of property, any private contract, the official will not be justified", that is to say, "amnesty guarantee" can be against the amnesty.

Today's case is quite special. The black and white letters on the loan must be repaid, but the borrower died. Whether the loan should continue to be repaid by the wife and children was not clearly stipulated before the Northern Song Dynasty. The government tended not to Repay the money, but there is no specific legal clause to follow.

  It was not until the time of Emperor Guangzong of the Southern Song Dynasty that there was a clear legislation for this purpose, 'If you owe tea, salt, money and goods, you should stop paying the debtor and return the property of the person who protects the tooth. '

  But now there is no clear provision in the criminal law of the Song Dynasty, and it is only based on the experience of the government to decide the case, so the creditor party hired a litigator who is proficient in the law to help with the lawsuit.

  The middleman is Yang Shuaner, an oriental man. He facilitated the transaction between the two parties, but he is not the guarantor of the debt. He hurriedly stepped forward and bowed, "The villain Yang Shuaner sees the county lord!"

   "Do you have a contract in hand?"

   "Yes! The villain brought it."

Yang Shuaner quickly submitted it, and the yamen servant handed over the contract to Li Yanqing, and Li Yanqing handed it over to Mo Jun together with the defendant's contract for him to check. Besides Mo Jun, there was also a law officer sitting next to him. His duty was to take shorthand notes. Quickly record the county magistrate's inquiries and answers.

  Li Yanqing asked again: "Besides the contract, what other verbal agreements do the two parties have? Such as guarantees."

"Reporting to the county lord, at that time Song Xiaoyi promised repeatedly that he would pay back the money, but he didn't take anything as a guarantee, but he also said that the borrowed money was mainly for buying a shop, and he didn't have enough money, so he borrowed 1,000 yuan and paid it back in three years. Qing, the monthly interest rate is one cent, but the persevering person died, and things are troublesome."

  Li Yanqing asked again: "Without guarantee, how can He Lao Liu be willing to borrow money?"

   "Qi County Lord, because this is not the first time Song Xiaoyi has borrowed money, he has borrowed money several times before, and he has repaid the money on time, and his credit is very good, so He Lao Liu did not ask for his guarantee this time."

  Li Yanqing nodded, "You step back first, and I will call you later when I need you."

  Yang Shuaner retreated, Li Yanqing slapped the gavel again, "Take the defendant!"

Soon, a young woman in white was brought up. She was only in her twenties, with delicate features, and she knelt down and said sadly: "The little girl, Mrs. Jiang, kowtowed to the Lord County Lord !"

   No wonder the former county magistrate judged her not to pay back the money. This woman seems to be born weak, and I feel pity for that kind of woman. Li Yanqing said: "Get up and answer, don't kneel down!"

   "Yes!" The young woman stood up and bowed her head in silence.

   "Let me ask you first, your husband borrowed a thousand coins during his lifetime, do you know about this?"

   "The little girl didn't know it at first, but later she found out when she was cleaning up her husband's belongings."

   "How much did your husband spend on the shop?"

   "Reporting to the county lord, the little girl didn't know it at first, but later she found out that it cost four thousand coins to sort out the relics."

   "How much money did your husband leave to you when he died?"

"About 500 guan, it cost 200 guan to buy a cemetery to bury my husband. In fact, the little girl only has 300 guan, and she has to raise a child. Without the rent for the shop, the little girl would not be able to live. "

   "What does your shop do for a living? How much is the monthly rent?"

   "The shop is a restaurant, and the monthly rent is 20 yuan."

  Li Yanqing nodded secretly. In a small place like Jiayu, you can actually rent 20 cents, which means the location of the shop is very good. No wonder He Lao Liu wants this shop.

  Li Yanqing pondered for a moment and then asked: "I will ask you another personal question, how old is your son, and are you planning to remarry?"

  The young woman blushed and said for a while, "My son is only three years old. As for whether to remarry, it is up to the natal family to decide."

   "Back off!"

The young woman gave a blessing and followed the yamen servants to wait under the east corridor. At this time, Li Yanqing said to Facao: "Go and get the contract of that shop, and then go and get the dealer from the manor house who is the middleman. Come here, I have something to ask him."

  Fa Cao got up and went down, Li Yanqing retreated to rest for the second time, a tea boy came in and served them tea, Mo Jun smiled and said: "It seems that the county lord already knows how to judge this case."

  Li Yanqing took a sip of tea, nodded and said with a smile, "Look at what the people in Zhuangzhai said?"

   Not long after, the yamen servant came in to report, "Qi to the county lord, the Yaman from Zhuangzhai has arrived!"

   After drinking tea, Li Yanqing returned to the lobby.

  Zhuangzhai Yaren is a thin and tall man in his thirties. He bows and salutes, "I don't know why the county lord is looking for a villain to interrogate?"

   "What's your name? How many years have you been in the village house?"

   "The villain's name is Jiang Wulang. He has been engaged in Zhuangzhai Yaman for nearly ten years, and he can be ranked in the top three among Zhuangzhai Yaren in this county."

  Li Yanqing asked the yamen servant to hand him the contract, and asked, "You are the broker for this transaction?"

  Jiang Wulang looked at it and nodded, "It's the villain who made the intermediary, and it happened last autumn."

   "What's so special about this house sale?"

Jiang Wulang thought for a while and said: "Everything is normal. It seems that the seller and the buyer grew up together and have a very good relationship. Because the seller is going to the capital to make a living, he sold the shop to Song Xiaoyi cheaply, for only 4,000 guan. , Song Xiaoyi was eager to buy the store, and he did not hesitate to borrow money."

   "Then how much do you think this store should normally sell?"

   "It's located in a very good location, right next to the Town God's Temple. The business has been good for so many years. I think the normal price will be 6,000 guan."

  Li Yanqing nodded, "I'm asking you so much for now, don't leave, I still have something to ask you later!"

   "The villain dare not!" Jiang Wulang bowed and retreated.

At this time, Li Yanqing had fully understood that in name it was for borrowing money, but in reality it was a fight for real estate. Although the debtor was dead, logically there was no need to repay the money, and the government's precedent judgment also did not require repayment, but any case would It has its own particularity and cannot copy the judgments of other governments. In particular, creditors do not require guarantees because they believe in the credit of the borrower. This kind of mutual trust behavior is worth advocating. Therefore, this case should not only favor the interests of the debtor, but also give due consideration to the creditor's interests. Benefit.

  Thinking of this, Li Yanqing shouted: "Let the plaintiff, the defendant and the intermediary all go to court!"

  The plaintiff, the defendant, and the intermediary were all sitting in the corridor to rest. Hearing the call, several people walked into the lobby together, bowed and saluted, "See the county lord!"

Li Yanqing said slowly: "After a detailed investigation, I have probably understood what happened and made a judgment. Now I will give you a choice. You can mediate on your own. I will not judge you. If you don't If you want to mediate, if you want to accept the judgment of the judge, then once the judgment is made, it must be implemented. If one party does not accept it, then they will have to bear all the consequences. You can think about it."

  He Lao Liu discussed with the litigator, bowed and said: "We are willing to accept the judgment!"

   "What about you?" Li Yanqing looked at the young widow again.

  The young widow said sadly: "I beg the elder to make the decision for the little girl!"

  Li Yanqing slapped the gavel, "If that's the case, let me hear the verdict!"

  【Ask everyone for recommended monthly tickets! 】

  (end of this chapter)

Chapter end