分手后,外国人起诉前任要求偿还29万元的“夫妻借款”

上海外事商务咨询中心 2024-10-16 10:44:51

According to the Intermediate People's Court of Tieling City, Liaoning Province on October 14, recently, the Court has successfully mediated a civil dispute involving foreign parties.

根据辽宁省铁岭市中级法院10月14日的消息,该院最近成功调解了一起涉及外籍当事人的民事纠纷。

The plaintiff, Kim, a South Korean national, claimed that during his romantic relationship with the defendant, Zhang A, Zhang borrowed over 290,000 yuan, which was transferred to Zhang B, the sister of Zhang A.

原告金某,韩国人,在与被告张某的恋爱关系期间,声称张某向其借款超过29万元,款项转给了张某的姐姐张某B。

After Kim and Zhang ended their relationship, Kim filed a lawsuit against Zhang A and Zhang B for the repayment of the borrowed amount, citing a civil loan dispute. During the first trial, both parties held firm to their positions, with Kim insisting that the money constituted a loan, while Zhang A argued that it was intended to cover expenses of both parties incurred during Kim's stay in China, claiming that the actual expenditures far exceeded the disputed amount. Ultimately, the court dismissed Kim's claims, stating that he had failed to provide evidence of a loan agreement between the parties. Unsatisfied with the ruling, Kim appealed to the Tieling Intermediate Court.

金某和张某分手后,金某起诉张某和张某B,要求偿还借款,理由是民事借贷纠纷。在一审中,双方立场坚定,金某坚称这笔钱是借款,而张某则辩称这笔钱是用来支付金某在中国期间双方产生的费用,声称实际支出远远超过了争议金额。最终,法院驳回了金某的诉求,称他未能提供双方之间存在借款协议的证据。金某对判决不满,向铁岭中级法院提起上诉。

During the second trial, Judge Li Yan thoroughly reviewed the case file and identified the core issues at stake. Recognizing the background of a former romantic relationship and the international nature of the case, she believed that mediation would yield better social outcomes.

在二审中,李彦法官仔细审查了案件文件,并识别出了案件的核心问题。考虑到双方曾有恋爱关系和案件的国际性质,她认为调解将带来更好的社会效果。

To bridge the gap between the parties, Li engaged in multiple mediation sessions. However, communication was hindered due to significant disputes and a language barrier faced by Kim. Addressing these challenges, Li utilized her solid legal expertise to respond to concerns, gradually earning the trust of the parties involved. Kim’s wife eventually volunteered to assist as a translator. With the cooperation of Kim’s wife and the respective attorneys, Li guided both parties through a series of discussions, addressing both emotional and legal aspects, which led to a growing awareness of their respective issues and the risks associated with continued litigation.

为了弥合双方之间的差距,李彦进行了多次调解会议。然而,由于存在重大争议和金某面临的语言障碍,沟通受到了阻碍。面对这些挑战,李彦利用她扎实的法律专业知识回应关切,逐渐赢得了双方的信任。金某的妻子最终自愿担任翻译。在金某的妻子和双方律师的合作下,李彦引导双方进行了一系列的讨论,涉及情感和法律方面,这使得双方对各自的问题和继续诉讼的风险有了更深的认识。

Through negotiations facilitated by their attorneys, Zhang A and Zhang B expressed willingness to return part of the funds to Kim, while Kim also made considerable concessions. Ultimately, both parties reached a mediation agreement, which the court formalized in a written mediation document. Following the resolution, Kim presented a banner of appreciation to Judge Li Yan for her efforts.

在双方律师的协助下进行的谈判中,张某和张某B表示愿意向金某返还部分资金,而金某也做出了相当大的让步。最终,双方达成了调解协议,法院在书面调解文件中正式确认了这一协议。解决后,金某向李彦法官赠送了感谢横幅,以表彰她的努力。

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