Mediation site. Photographed by correspondent Zhu Xi
Tianshan.com - Xinjiang Legal Daily reporter Li Xuqun, correspondent Tang Jie
Due to the temporary exasperation, the defendant played "smart" on the IOU. Is this lawful? On May 13, the People's Court of Zhaosu County mediated a dispute over a sales contract that added the contents of the IOU without authorization.
At the beginning of 2017, Mr. Li contracted to build a project in Zhaosu County, and purchased wood on credit at Mr. Zhang's place because of the need of the project. On November 10, 2017, the two parties settled, and Mr. Li paid more than 80000 yuan for Mr. Zhang's timber on credit, and issued an IOU of more than 80000 yuan to Mr. Zhang.
On September 25, 2018, Mr. Li returned the unused timber purchased on credit to Mr. Zhang, and wrote an IOU by himself, which was signed by Mr. Zhang for confirmation. Later, both parties disputed the writing content of "all IOUs before September 25, 2018 are settled" in the IOU. On April 30, 2024, Zhang sued Li to the People's Court of Zhaosu County.
The judge in charge investigated and heard the case. Li said that the IOU signed by Zhang was evidence. All arrears before September 25, 2018 have been settled, and unused timber valued at 11000 yuan has been returned to Zhang; Zhang said that the handwriting content of "all the IOUs were settled before September 25, 2018" was added by Li himself. Li returned only 11000 yuan worth of timber, and there was still more than 70000 yuan in the accounts.
After fully understanding the focus of the dispute between the two parties, the judge in charge carefully compared the two IOUs and found that the writing of "all IOUs before September 25, 2018 were settled" in the IOU written by Mr. Li himself on September 25, 2018 was slightly deeper. After repeated inquiries, Mr. Li admitted that he added this part of the content because he was angry.
The judge criticized and educated Mr. Li's unauthorized modification of the IOU, patiently explained the legal consequences of making false statements, and Mr. Li also recognized his mistake and sincerely apologized to Mr. Zhang.
Both parties finally reached an agreement: before July 31, 2024, Mr. Li would pay Mr. Zhang 40000 yuan for timber, and Mr. Zhang would also voluntarily give up other claims.
The judge said:
The principle of good faith is the basic principle of civil litigation. After the IOU is issued, the holder shall maintain the integrity of the evidence, and may not alter or add other forms of defects. If it is really necessary to modify, it shall be supplemented and improved after both parties agree. If the litigant participates in the proceedings or other persons forge or destroy important evidence, which prevents the people's court from hearing the case, the people's court may, according to the seriousness of the case, impose a fine or detain them; If a crime is constituted, criminal responsibility shall be investigated according to law.
[Editor in charge: Ma Xinling]
