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, although he punished the lawyer and the plaintiff on the grounds of 'delaying the matter', but after all, this was the first case he faced in Jiayu County, and he did not want to take it lightly.

After reading the lawsuit, Mo Jun smiled at Li Yanqing: "The 1,000 yuan borrowed by Song Xiaoyi happened last summer, and he bought the shop last autumn, and the time is connected, there are two problems here, first, the law of the Great Song Dynasty does not recognize the principle of repaying the debts of the father and the son, since the person is dead, then this money does not have to be repaid in legal theory; If there is a guarantor, the money will be repaid by the guarantor, and if there is a guarantee item, then the plaintiff can request to use the collateral item to pay off the debt, but the loan contract is written more vaguely, just saying that the guarantee is guaranteed to repay the principal and interest, what does the guarantee mean here? It depends on whether there is a verbal agreement between the two parties. ”

Li Yanqing asked suspiciously: "Since there is no reason for the father to repay the debt of the son, then why does the plaintiff have to keep an eye on that shop?" ”

"Maybe they think that borrowing money is to buy a shop, then this shop is the guarantee mentioned by Song Xiaoyi, they want to transfer their understanding and turn the shop into a guarantee, but how much did this shop cost to buy, this is still a question, if the location is better, I estimate that it is far more than 1,000 yuan, there is a possibility that Song Xiaoyi did not have enough money to buy a shop, so he asked the plaintiff to borrow 1,000 yuan."

Li Yanqing nodded, this possibility is extremely high, and he asked again: "Between Mr. Nayi, how should this case be judged?" ”

Mo Jun smiled slightly: "The state and county judgment civil case pays attention to the six words 'reasonable, legal, and reasonable', as long as the county gentleman grasps these six words and takes into account the interests of the plaintiff and the defendant, then the case will be easy to judge, but it is best to fully understand the situation before the judgment, and don't listen to the words of both parties." ”

Li Yanqing smiled happily: "Listening to your words, it is better to read for ten years, I know what to do." ”

At this time, a servant came in and reported: "Qiyu County Jun, the defendant and the middle tooth man have been brought!" ”

Li Yanqing stood up, "Let's go and see this case!" ”

………

A startling sound sounded, and the case was reopened, and Li Yanqing shouted: "People with teeth!" ”

The commodity economy of the Great Song Dynasty is highly developed, and the contract management is also very perfect, some transactions such as land, house sales and official standard contracts, such as this ordinary loan transaction must also have the signature of the tooth witness, the contract is in triplicate, one copy for each borrower and the borrower, and one copy for the intermediary tooth person, if there is a dispute, the government will recognize the contract, white paper and black letters, and the pen shall prevail.

For example, the monarchs of the Song Dynasty would often issue an edict to pardon some public and private debts to show mercy to the people, but it was very unfair to the debtor to encounter this kind of amnesty, so many debtors added a 'pardon guarantee' clause to the contract to avoid the creditor's amnesty being affected by the king's amnesty.

Once the two parties have a dispute and a lawsuit, even if the borrower takes out the king's pardon as a reason to ask for debt exemption, the government has no choice, after all, the "amnesty guarantee" clause is written there, and the government can only recognize the contract.

For example, today's case is more special, the loan between the two parties is to be repaid in black and white, but the borrower is dead, whether the loan should be repaid by the wife and children, this issue was not clearly stipulated before the Northern Song Dynasty, the official is inclined not to repay the money, but there is no specific legal clause to follow.

It was not until the time of Guangzong of the Southern Song Dynasty that he clearly legislated for this purpose, "If you owe money and goods for tea and salt, you will stop assessing the debts and repay the property of the person with your teeth, that is, there is no eunuch relatives to fill in the return and the wife has remarried." ’

However, there is no explicit provision in the Song Criminal Law, and the case is only decided by relying on the experience of the government, so the creditor party hired a lawyer who is proficient in the law to help fight the lawsuit.

The middleman's name is Yang Xuan'er, he is a tooth man, he facilitates the transaction between the two parties, but he is not the guarantor of the debt, he stepped forward in a panic and bowed, "The villain Yang Xuan'er sees the county gentleman!" ”

"Do you have a contract?"

"Yes! The villain brought. ”

Yang Xuan'er hurriedly presented it, and the official handed over the contract to Li Yanqing, and Li Yanqing handed it to Mo Jun along with the defendant's contract, and asked him to check.

Li Yanqing asked again: "In addition to the contract, what other verbal agreement does the two parties have?" such as guarantees. ”

"Back to the county gentleman, at that time, Song Xiaoyi repeatedly promised that he would repay the money, but he didn't take any items to guarantee, but he also said that the main reason for borrowing money was to buy a shop, and he didn't have enough money in his hands, so he borrowed a thousand yuan and paid it off in three years, with a monthly interest of one percent, but the person died, and things were in trouble."

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

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

Li Yanqing nodded, "You go down first, and I'll call you later." ”

Yang Xuan'er retreated, and Li Yanqing slapped the shocked wood again, "Take the defendant!" ”

Soon, a plain white young woman was brought up, she was only in her twenties, she looked good-eyed, she knelt down when she stepped forward, and said sadly: "The little woman Jiang knocks to see the county monarch!" ”

No wonder the previous county magistrate sentenced her not to pay back the money, this woman seems to be born weak, I see that I still pity that, Li Yanqing said: "Get up and talk back, don't kneel!" ”

"Yes!" The young woman stood up, bowed her head and said nothing.

"Let me ask you first, your husband borrowed a thousand yuan before his death, do you know about this?"

"The little woman didn't know it at first, but later she didn't know about borrowing a thousand yuan when she cleaned up her husband's relics."

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

"Back to the county lord, the little woman didn't know at first, and then she found out that it cost four thousand yuan to sort out the relics."

"How much money was left to you after your husband died?"

"About 500 yuan, you can buy a cemetery to bury her husband has already spent 200 yuan, in fact, the little girl only has 300 yuan, and she has to raise young children, if there is no rent for this shop, the little woman will 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, he can actually rent twenty yuan, which means that the location of the store is very good, no wonder He Lao Liu wants this store.

Li Yanqing pondered for a moment and then asked, "This official asks you another personal question, how old is your son, and are you ready to remarry?" ”

The young woman's face flushed, and she said for a while: "My son is only three years old, and as for whether to remarry, it is up to the mother's family to decide." ”

"Stand down!"

The young woman gave a blessing and followed the official to wait under the east corridor, at this time, Li Yanqing said to Fa Cao: "You go and transfer the contract of that shop, and then go and find the Zhuang Zhaiya who traded in the intermediary as well, I have something to ask him." ”

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

Li Yanqing took a sip of tea, nodded and smiled: "Look at what the Zhuang Zhaiya people say?" ”

Not long after, the official came in to report, "Qiyu County Jun, Zhuang Zhaiya has been brought!" ”

Li Yanqing finished drinking tea and then returned to the lobby.

Zhuang Zhaiya was a tall and thin man in his thirties, and he bowed, "I don't know what happened to the county gentleman looking for a villain?" ”

"What's your name? How many years have you been engaged in Zhuang Zhaiya? ”

"The villain's name is Jiang Wulang, who has been engaged in Zhuang Zhaiya for nearly ten years, and can be ranked in the top three among Zhuang Zhaiya people in this county."

Li Yanqing asked the official to hand him the contract and asked, "Are you the intermediary in this transaction?" ”

Jiang Wulang looked at it and nodded: "It's the intermediary made by the villain, and it was last autumn." ”

"What's so special about this sale?"

Jiang Wulang thought for a while and said: "Everything is normal, it seems that the seller and the buyer have grown up together since childhood, and the relationship is very good, because the seller wants to go to the capital to make a living, he sold this shop to Song Xiaoyi cheaply, and only sold it for four thousand, Song Xiaoyi was in a hurry to buy the store, and did not hesitate to borrow money." ”

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

"Its location is very good, right next to the City God Temple, and the business has been good for so many years, I think the normal price will be sold for 6,000 yuan."

Li Yanqing nodded, "I'm asking you so much for the time being, don't go, I'll have something to find you later!" ”

"The villain doesn't dare!" Jiang Wulang saluted and retreated.

At this time, Li Yanqing has fully understood that it is nominally for the purpose of borrowing, but in fact it is a competition for real estate, although the debtor is dead, it is reasonable that there is no need to repay the money, and the government's precedent judgment does not need to repay the money, but any case has its own particularity, and the judgment of other governments cannot be copied, especially if the creditor believes in the borrower's credit and does not want to guarantee it, this kind of mutual trust behavior is worth advocating, so this case can not only be biased towards the interests of the debtor, but also should give due consideration to the interests of the creditor.

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

The plaintiff, the defendant, and the intermediary were all sitting under the porch to rest, and when they heard the call, several of them walked up to the lobby together, bowed and saluted, "See the county gentleman!" ”

Li Yanqing said slowly: "After a detailed investigation, the official has probably understood the reason for the matter, and has also made a judgment, now I give you a choice, you can now mediate on your own, the official will not judge, if you are not willing to mediate, to accept the judgment of the official, then once the judgment is made, it must be executed, if one party does not accept, then you have to bear all the consequences, you can think about it." ”

He Laoliu discussed with the lawyer, bowed down and said, "We are willing to accept the verdict!" ”

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

The young widow said sadly: "I beg the eldest lord to make the decision for the little woman!" ”

Li Yanqing was shocked, "Since this is the case, listen to the official verdict!" ”

=====

[Ask for recommended tickets for monthly passes!] 】