The Shanghai Second Intermediate Court made a final judgment in the case of Zheng Shuang v. Zhang Heng’s private lending dispute: dismissed Zhang Heng’s appeal and upheld the original judgment
The final court verdict that Zhang Heng needs to return Zheng Shuang 20 million yuan
On March 31, according to the latest news from the “Shanghai Second Middle Court”: In November 2019, Zheng Shuang sued the Jing’an Court for an order to order Zhang Heng to return the loan of RMB 20 million and pay the corresponding overdue interest. The first-instance judgment supported all of Zheng Shuang’s claims. After the judgment of the first instance, Zhang Heng refused to accept and appealed to the Shanghai Second Intermediate People’s Court, requesting a revised judgment to dismiss all of Zheng Shuang’s first-instance petitions or remand for retrial. On March 31, 2021, the Shanghai Second Intermediate Court made a final judgment on the case: dismissed the appeal and upheld the original judgment.
Zhang Heng issued a reply saying that he could not accept the verdict and would file a retrial application with the Shanghai High Court.

In Zhang Heng’s case, it is also very fascinating that the court must issue a judgment. In his case, finding ways to promote mediation is the more appropriate way. In this case, through mediation, at least three levels of goals can be achieved: the lowest goal: reduce or exempt “overdue interest”; the intermediate goal: installment repayment; the highest goal: the principal discount. The second-instance judgment has not been announced yet, but since the original judgment is upheld, you can also analyze the first-instance judgment first. In the first instance, the plaintiff Zheng Shuang’s litigation request was: return 20 million yuan of borrowing; pay overdue interest (based on 20 million yuan, 6% per year as the standard, calculated from the date of the lawsuit on November 12, 2019 to the actual Until the settlement date). Defendant Zhang Heng’s defense was: 20 million yuan was the resignation compensation paid by Zheng Shuang to Zhang Heng and the prepaid ten-year labor remuneration; 20 million yuan was the property division dispute during the cohabitation period. The evidence submitted by Zheng Shuang is simple. The first set of evidence, WeChat chat records between the two parties. The second set of evidence, transfer records, note “borrowing”; the third set of evidence, reminders for repayment. From a professional point of view, the three sets of evidence are still very clean. Use the first set of evidence to prove that the two parties reached an agreement on “borrowing 20 million.” Use the second set of evidence to prove the fact of the transfer, and once again strengthen the nature of the money-“borrowing.” The third set of evidence is used to prove the fact that Zheng Shuang urged Zhang Heng to repay. This set of evidence is mainly used to support the “overdue interest” of the 6% annual interest rate. The third group can be elaborated. According to Article 25 of the Supreme Law “Regulations on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases”, if there is no agreed interest for loans between natural persons, the lender cannot claim interest from the borrower during the loan period. In the case where Zheng Shuang sued Zhang Heng, the two did not agree on the loan interest. However, Zheng Shuang claimed “overdue interest” in the litigation request, and the court finally supported it. How did this thing come from? Zheng Shuang used a series of very standardized actions to fix the evidence and exercise his rights. Friends who are worthy of borrowing money but don’t want to come back can learn from it. First, because Zheng Shuang and Zhang Heng did not agree on the repayment period, Zheng Shuang began to urge Zhang Heng to repay the loan on October 1, 2019. This action triggered Article 206 of the Contract Law (Article 675 of the Civil Code) Provisions-if there is no agreement on the term of the loan or the agreement is not clear, and the loan cannot be determined in accordance with the provisions of Article 61 of this law, the borrower can repay at any time; the lender can urge the borrower to repay within a reasonable time limit. This “reasonable period” is calculated from October 1, 2019, and finally settled on November 12, 2019. From this day on, the Supreme Law “Regulations on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases” The regulations have begun to start-Article 29. If the borrower and the lender have not agreed on the overdue interest rate or the agreement is unclear, the people’s court can handle different situations in different situations: (1) Neither the interest rate nor the overdue interest rate has been agreed upon, lending People claim that the borrower should pay the interest during the period of capital occupation at an annual rate of 6% from the date of overdue repayment, the people’s court should support this 6%, which is “interest on overdue repayment.” Zheng Shuang’s three sets of evidence form a complete chain of evidence: confirming the agreement of the loan→determining the fact of the loan→determining the repayment date→determining the overdue interest. Let’s look at the evidence provided by Zhang Heng: three sets of recordings between Zhang Heng and Zheng Shuang’s parents. In the recording, Zheng Shuang’s parents “recognized that the money involved in the case was the statement that the plaintiff paid the defendant ten years in advance”. This evidence was used, and it can be considered that Zhang Heng and his lawyers did their best. The money was lent by Zheng Shuang to Zhang Heng, and the legal relationship between the loan and loan only exists between them. As a third party and outsider, Zheng Shuang’s parents, in the view of the court, their statements cannot overturn the chat records between Zheng Shuang and Zhang Heng. The WeChat chat record was formed at the time of the transfer and occurred directly between the two parties. The recording evidence was formed before and after the lawsuit and between the parents of both parties. From the perspective of time and subject, the WeChat chat record can better reflect the situation of both parties at the time of the transfer. True meaning. [Civil Judgment of the People’s Court of Jing’an District, Shanghai (2019) Hu 0106 53290] If Zhang Heng did not hire a lawyer, then he has reason to have illusions about the recorded evidence. Since he has already hired a lawyer, he should know that. The evidence is not sufficient to fulfill the purpose of proof. With the participation of professionals, only this level of evidence can be produced. It can be seen that Zhang Heng has almost no hope of winning the case at the level of “speaking the law.” And this, when preparing evidence, the lawyer and him can know. When assessing such “clear facts and weak evidence” cases, lawyers should try their best to avoid going to court and promote mediation in order to maximize the interests of the parties. I believe that the lawyers who can take up this kind of case should also have this basic consciousness. But where is the problem? On November 9, 2020, the first instance of the “Zheng Shuang-Zhang Heng Lending Case” was pronounced. On January 18, 2021, Zhang Heng broke the news on Weibo about the “Zheng Shuang surrogacy incident”. On March 31, 2021, the second instance of “Zheng Shuang-Zhang Heng Lending Case” was pronounced. Zhang Heng may not want to mediate. It is also possible that during the first instance, he tried to negotiate with Zheng Shuang using “surrogacy” as one of the bargaining chips. To be honest, on the average person, the other party negotiates with the “overseas surrogacy”, but anyone who needs a bit of public image will discuss it. But what Zhang Heng faced was Zheng Shuang, she was Zheng Shuang! Of course, it is also possible that Zhang Heng did not discuss this condition, although in my opinion, the probability of not playing this hand is still very low. In short, the mediation failed in the first instance, Zhang Heng broke the news in a rage, and as a result, he gave Wang Zhan as soon as he got started (maybe they didn’t expect this to be a “wang bomb”), Zheng Shuang was reimbursed for his acting career, and naturally there was no room for mediation in the second instance. . Zhang Heng said that he would apply for a retrial, unless he wanted to use the “20 million + overdue interest” in disguise to increase his exposure, otherwise he should wake up. This kind of “long live assault” litigation solution is not suitable for Zhang Heng. Before breaking the news next time, listen to lawyers more.


By zhiwo

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6 months ago

The law is based on factual evidence, to see whether the chain of evidence is complete. Many people obviously didn’t do anything wrong, but the lawsuit is just a verdict. Think that the law has a black-box operation, and complain. Seeing others win the lawsuit, start Diss losers. As everyone knows, they have misunderstood the meaning of the law. A major premise of the law is to support objective evidence. Talk about relevant objective factual evidence, not to mention the useless ones. You say that Zhang San owes you money, so what do you mean by taking evidence of Zhang San’s derailment? But if you want to do evil, people will try their best to not leave evidence. The most typical: borrow money, borrow cash, and don’t hit receipts. If there is no evidence left behind, of course you will lose in a lawsuit. The details of Zhang Heng’s case revealed that he would lose. Zheng Shuang noted the loan when he was making money. Zhang Heng did not raise an objection when receiving the payment. This was his own problem. Regardless of whether the company opened for Zheng Shuang’s work, and whether it owes money because of this, it does not affect the debt with Zheng Shuang. This is only the 20 million. Then if Zheng Shuang is the actual operator, who will tell you not to sign the contract? We don’t know the details of this, so we won’t comment on it. There are many such cases in life. A borrows money from B to open a shop and induces it as an investment fund. After getting the money, A made false accounts and swallowed up the previous profit for various reasons. Cheated B to sign the equity transfer. At this time, the landlord appeared and said that the store still owed XX. A takes the shop and borrows money from others in the name of B. In the end, only B will be unlucky. There is also, for example, operating the official account on behalf of the company, which communicates by telephone in advance. No money will be given after operation. There is no way, just admit it, you have no evidence at all. The author once bought a guzheng from my teacher, after a period of time, it was found to be defective and requested to be returned. At this time, the so-called teacher turned his face and denied it. Not only did he say that the payment was the money I owed her, but he also verbally abused me. Fortunately, I have a chat history to prove it. But because I didn’t have the credentials, I went to multiple departments, even the media, and it was useless. Perhaps many things in life can be said to win is justice. But the law alone depends on evidence and objective facts. Everyone should bear this in particular. It is important to keep more credentials.

6 months ago

On the subway, I looked at the appeal opinion issued by Zhang Heng’s lawyer, and compared it with the judgment of the Second Intermediate People’s Court. To be honest, the appeal opinion was really written in a very general manner, and it made a lot of useless opinions. Only the fact that “WeChat chat records have not been cross-examined” violates the procedure, and I still nodded, but I personally feel that the court of first instance will not make such a stupid mistake. The second-instance judgment is written in the essence, 1. You do not have sufficient evidence to overturn the agreed loan agreement. If you want to overturn, please provide evidence. 2. Zheng Shuang promises to give you money and dividends. That is another legal relationship. You can sue separately, and it has nothing to do with this case. On the other hand, Zhang Heng’s appeal opinion has many slots: 1. What is the relationship with tax evasion? If you feel uncomfortable, you can report it. 2. What is the relationship with the child? Zheng Shuang once expressed that the matter of abandoning and raising a child has been judged by public opinion. 3. This is the 21st century, and de facto marriage is still being mentioned. It’s hard to say that Zheng Shuang and Zhang Heng lived together in 1993, and the old lawyers just can’t accept the concept of marriage law. 4. What is the use of dividends to repay the loan? Isn’t this a disguised recognition of borrowing? What are you thinking about? 5. What does Zheng Shuang’s motive for prosecuting have to do with the case? 6. How can the transcript of the conversation need to be cross-examined, it is not evidence, this is the most basic…

6 months ago

The Zhang Heng Zheng Shuang incident, whether it is public opinion or official position, is critical of Zheng Shuang. In the case of Zheng Shuang’s surrogacy, she is not responsible for her child, and she deserves to be scolded. Now the court verdict has come out, the first instance verdict Zhang Heng returned the 2000w borrowed from Zheng Shuang, the final instance rejected Zhang Heng’s appeal and the original verdict was upheld. Regardless of the details of this incident revealed from public opinion, I only believe in the trial of the law. I speculate that the whole incident was because Zhang Heng and Zheng Shuang had a relationship between them. Zheng Shuang forced Zhang Heng to return 2000w. Of course, Zhang Heng was (temporarily) unable to return or did not want to return. After being forced to do so, Zheng Shuang’s surrogacy broke out. Coercing Zheng Shuang to let go, and later Zhang Heng announced the details of lending, also in favor of Zhang Hengfang. But what Zhang Heng did not expect was that, in the face of clear evidence, the court did not support Zhang Heng, who had the upper hand in public opinion. The entire incident had a great impact, and I believe that the court’s decision was also extremely cautious. If I look at this matter calmly now, I have no intention of condemning anyone. However, even if the relationship between two people breaks, the other should not be hurt. Otherwise, when the two were together, it was just a momentary feeling, and there was no real love at all.

6 months ago

I have to admit that I do gossip… (No, I am studying the verdict!) Now the official account has deleted the article. Fortunately, I spent 20 minutes reading the content (laughs) but one of them caught my attention, such as the court trial. Zhang Heng submitted two photos of his child’s life in the United States to prove that Zheng Shuang had never seen the child… Therefore, it is recommended to submit Zheng Shuang’s flight record. . Because Zhang Heng did not approve the loan relationship, the judge asked Zhang Heng during the trial: What kind of legal relationship do you think 2000w was given? Answer: Cohabitation legal relationship. It sounds like a sell-off…It should not be over yet, and there may be labor disputes, partnership agreement disputes and other cases that will emerge in the future. The two of them had too many hot searches, and they were tired of looking at them except for looking at the court from the judgment. . There is really no need to fretted about them frequently… how to say she is listed as a bad artist, too much to enter the public view is not good. The official later deleted the article, which may have been inappropriate.

6 months ago

This lawsuit itself is not worthy of attention, because Zhang Heng, who is worthy of attention, has already exploded, it is Shuangzi’s surrogacy and abandonment. The whole incident of Shuangzi’s surrogacy and abandonment was revealed, and it was already seen that this was a decision made after the man had completely torn his face with Shuangzi’s family. The breaking out of Shuangzi’s surrogacy and abandonment is itself a helpless play when there is no card to play. Zhang Heng basically had no chance of winning in this lawsuit. After all, the Shuangzi family had a precise layout beforehand, and the second instance did not provide any evidence sufficient to reverse the situation. However, Zhang Heng is not a loss, spending several million (a total of 2,000w in debt, of which 1300w is investment, and the dispute is about 700w) so that Shuangzi can no longer make money, and he has a little quiet on Weibo. He retaliated, and he did clean up a lot of the network environment. Finally, I would like to thank the Shuangzi family for the short-sightedness of wanting money and life, and successfully ruining all their careers. Based on her current situation, just one film of “Emerald Lovers” started at 1,000w. Perhaps, she should have considered putting two cribs in her 150 million mansion before.

6 months ago

Simply look at what Zheng Shuang and Zhang Heng are doing is gossip. In fact, there is still something to learn in it! Judging from the many debt disputes handled, if you learn to write a legally valid formal IOU, you will undoubtedly save yourself a lot of things. Writing a formal IOU should have legal effect. Refer to the following content: 1. The real names of the lender and the borrower should be clearly written, signed by both parties, handprinted, and a copy of the ID card signed by the borrower, a copy of the marriage certificate, etc. can be shown Materials on the real identity information of the borrower. 2. The loan amount should be clearly written, including the amount in uppercase and lowercase. Write clearly the time limit of the loan, including the start and end dates of the loan and the period of the loan, and specify the repayment date. Write clearly the specific time and payment method of the loan principal and interest repayment. 3. The interest of the loan should be clearly written, there should be a clear annual interest rate or monthly interest rate, and the total amount of loan interest that should be paid in the end. Loan usury is not protected by law. 4. Try to choose the method of bank transfer as far as possible for the payment of funds. You can specify the account number of the other party and the transfer date in the IOU. For transfers, you can note the purpose of the loan. The cash payment requires the borrower to write a separate receipt for the payment that has been received.

6 months ago

Zheng Shuang went to Jing’an Court to sue Zhang Heng in November 2019. Half a month before Zheng Shuang went to Jingan Court to sue Zhang Heng, on November 17, 2019, the new issue of “Daughters’ Love 2” was broadcast. During the show, Zheng Shuang and Zhang Heng had a dispute, and Zheng Shuang broke down and wept bitterly. . Half a month after Zheng Shuang went to the Jing’an Court to sue Zhang Heng, on November 21, 2019, “Daughters’ Love 2” was updated and aired together. In the show, Zheng Shuang left a note for Zhang Heng. The note reads “I hope to think about the relationship between the two.” While the audience and fans were still sighing about Zheng Shuang’s love, the two people in real space had already torn their faces, and they were still torn in the face of eight-figure renminbi. I would like to call it “Shanghai Love Fold”. Moreover, the folding speed of Zheng Shuang and Zhang Heng’s love is much faster than most romances. About the second month after Zheng Shuang and Zhang Heng were together, Zhang Heng already knew that Zheng Shuang was suffering from depression. Because Zheng Shuang tried to commit suicide once, Zheng Shuang’s parents called Zhang Heng, who was on a business trip in the UK. He quickly returned to China to take care of Zheng Shuang. In the fourth month, the two signed a surrogacy contract, and the package cost was 168,000 yuan. In the sixth month, the two opened a company in partnership. Zheng Shuang invested 68% and Zhang Heng invested 32%, which was the starting point of the 20 million dispute. In the twelfth month, Zheng Shuang took Zhang Heng to participate in “Daughters’ Love 2”. At the same time, Zheng Shuang wanted to commit suicide again. She bought medicine online and hid it under her pillow, but Zhang Heng discovered it Stopped quickly. After Zheng Shuang tried to commit suicide twice, Zhang Heng persuaded Zheng Shuang to see a doctor. Zheng Shuang refused. She said she was a celebrity and needed privacy. In the fifteenth month, Zheng Shuang checked Zhang Heng’s phone and found that Zhang Heng was suspected of having derailed, and the two broke up. The two children of the two surrogates had been beaten for 7 months. Zheng Shuang wanted to induce labor to terminate the surrogacy, but Zhang Heng disagreed. In the seventeenth month, Zheng Shuang sued Zhang Heng for owing him 20 million. In the same month, Zhang Heng told Zheng Shuang that the two surrogate children were about to be born, but Zheng Shuang did not reply. On the eighteenth month, Zheng Shuang signed the authorization document, after the surrogate child was born, Zhang Heng could take the child away by himself. At the same time, Zheng Shuang’s WeChat blocked Zhang Heng. When Zhang Heng sent Zheng Shuang’s WeChat message to inform that the child was about to be born, he saw that he was blacked out. Then came the birth of the child. Zheng Shuang and Zhang Heng started to “block black–cancel block black–you contact me, I won’t reply–I contact you, you don’t reply–you sue me, and I will expose you–you expose me , I will sue you for “God-level snakeskin walking operation.” Specifically, you can see the timeline that I sorted out in the following article: Pancakes and more sweet noodle sauce: from love to hate, the complete timeline of Zheng Shuang and Zhang Heng incidents, updated to the final trial of the loan dispute case on March 31丨Seriously eat melons when I sort out After finishing the history of love disputes between Zheng Shuang and Zhang Heng, there is only one profound feeling-this is the love affair between two typical “minors”, even though they are both 30 years old. In less than one and a half years of love experience, on average every 3.5 months, the relationship between the two will undergo a major iteration. In less than half a year of love, they dare to sign a surrogacy contract and start a company together, and the price of breaking up It’s the dispute between two lives and 20 million. This kind of courage is so powerful that people can breathe a sigh of relief. Love is a lock. Others lock themselves at best. They not only lock their children, but also lock eight-figure renminbi. This is probably the arrogance of the rich. The price of impulse is all chicken feathers, but the child suffers and the parents are tired. I’m @ Pancake Duo Brush Sweet Noodle Sauce. I have been a worker in the education industry for ten years, and I am eating melon in the leisure entertainment circle. Welcome to pay attention. In the past, Gao Zan answered: Will Huawei’s second princess Yao Anna become the second Yang Chaoyue? How to treat Zhang Yujian’s admission of having married and having children with Wu Qian: normal love and marriage?

6 months ago

I don’t know whether the big Vs pretend to not know or really don’t know. When you are telling jokes, you will always say that the wealthy people put their family expenses in the company, and even the car is bought under the name of the company, so that the increase in company expenses will achieve the purpose of tax evasion. Now that a really rich man started a company and did this, you don’t want to talk about it. Obviously, the two of them opened this company for tax evasion, so the living expenses of Zheng Shuang and his parents were all linked to the company name. Because it is not convenient for Zheng Shuang to come forward, the company controller gave it to Zhang Heng, and in order to control Zhang Heng, That’s why I started a company in the name of borrowing money. The app was originally not planned to be launched, the main purpose is to increase the company’s expenses. Now it’s breaking up, tax evasion is really going to go to jail, so two people play dumb together, one wants to get all the money back and even the previous living expenses want the other to pay, and the other wants to hold the other party to take the remaining money from the company. For yourself.

6 months ago

I studied the context in detail, and indeed the man had a lot of doubts from the beginning. 1. In the beginning, reports from various sources repeatedly emphasized that the man is a rich second-generation, with a family of several hundred million yuan. Zheng Shuang took the initiative to invest him 20 million yuan, but in the end the money was spent on the lives of the two people and the company’s management. But since it is an investment, how can the evidence show that it is borrowing? 2. If it is really a loan, and it is finally spent on the living expenses of two people, there should be very detailed evidence. A pair of ordinary couples can finally calculate the accounts very clearly after breaking up, it is nothing more than gifts, food and drink, travel and so on. But there is no evidence for the 20 million whether it is company expenses or two people’s expenses. Even if you open a few bottles of Lafite and eat tens of kilograms of wagyu caviar, you will still have a bill there. When a couple breaks up, sometimes a pair of slippers and an electricity. The hair dryer has an account. 3. In a romantic relationship, it is a classic way to say that you are a rich second generation and not bad for money, but try to get the other party to pay for it. Because even if one party is a wealth management and investment expert, it is still providing advice and strategies, and the money must be in the other party’s account. This slaughter plate will be scrupulous, and will not directly ask for money, but send money to a separate account on a certain platform. 4. The last point is something that everyone ignores-the man said that the money he borrowed from the woman was actually used for two people to live together! This shows that this man himself has no money at all, and his daily life needs to be paid out of this 20 million. In other words, if you are a rich second-generation female celebrity, don’t you actually spend your own money? Isn’t this a fake rich second-generation…So basically it is certain that this is a classic empty-glove white wolf dismantling a white game, first pack yourself to establish a romantic relationship, and then go out of the sheep to find the other party to take money to maintain your own Packaging is similar to various financial Ponzi schemes. All kinds of tall office buildings and advertisements and celebrity endorsements are all spent on investors’ money, and eventually collapsed. In this way, the children of two surrogates are more of a tool used to threaten each other in this game. I don’t know that Zheng Shuang was upright, fought his ruin, and did nothing but calm down. Anyhow, Zheng Shuang didn’t get up to give birth by himself at the time. After all, the elementary and junior high school cultural liar that is often broadcast on TV shows let more than a dozen high-achieving students give birth to him… the victim is really painful for a lifetime.

6 months ago

I think Zhang Heng is a villain. Really. All Zhang Heng did was to prepare for the appeal-he wanted to use public opinion to coerce judicial justice. To this end, he broke the Zheng Shuang surrogacy. Zheng Shuang was ruined, the establishment collapsed, and the whole network spoofed, and he deserved it. But what about Zhang Heng? In order to win the lawsuit, Zheng Shuang was blasted by means. It seems to be a helpless move that both ends up hurting the fish and the net, but in fact it is a selfish act of a villain. Zhang Heng wanted to not pay back the money he owed, so he broke his relationship and threatened him with his children. He sets up a person who loves children, but uses the two children as tools. But their “children” became innocent victims. My mother didn’t want to give birth, but my father didn’t care about the bad influence on the child in the future for money.

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