A bizarre lawsuit triggered by emotional entanglements, resolved through a settlement facilitated by lawyers.
In 2013, Dai and Ms. Zhang settled in Jinshan District, Shanghai, and planned to officially marry in early 2015. During this period, Dai borrowed 170,000 yuan from Zhang's younger brother, Zhang Jia, for business purposes, and later repaid part of it to Ms. Zhang each time, accumulating to over 100,000 yuan. Meanwhile, Dai purchased gold and silver jewelry for Ms. Zhang, paid betrothal gifts, and, imitating the plot of the TV drama "Let's Get Married," gave his household registration booklet, property certificate, and other documents to Ms. Zhang as "marriage proposal props." However, the couple later broke up over trivial matters. Although Dai asked Ms. Zhang to return the aforementioned documents, she insisted that Dai pay her an additional 50,000 yuan as a breakup fee before agreeing. By February 2015, Zhang Jia entrusted a lawyer to sue Dai, demanding repayment of the 170,000 yuan debt plus interest at four times the bank loan rate. Dai subsequently retained the Zhiming lawyer team from Guangdong Zhiming Law Firm to represent him in the case. Following the instructions of Zhiming lawyers, attorney Zhang Yong and trainee lawyer Ye Huijuan handled the case specifically.
After reviewing the details of the case, lawyer Zhang Yong believed that this matter should not be simply viewed as a debt lawsuit. The 170,000 yuan debt dispute between Dai and Zhang Jia was, in fact, a result of the breakup dispute between Dai and Ms. Zhang. Even if Dai won this debt lawsuit, his credential issues would remain unresolved, leaving him with endless disputes and entanglements. Therefore, lawyer Zhang Yong advised Dai to resolve the case through settlement if possible, and Dai agreed with this suggestion.
Meanwhile, to secure a strong position in the settlement negotiations, Attorney Zhang Yong specifically filed an "Application to Add a Third Party" with the Jinshan District Court, requesting that the court add Ms. Zhang as a third party to the case. He argued that there was a connection between Zhang Jia's "loan" from Dai and Dai's periodic repayments to Ms. Zhang. Ultimately, the court accepted Attorney Zhang Yong's application and postponed the hearing date to allow both parties time to prepare.
On the day of the trial, the judge first attempted mediation. During the process, Ms. Zhang's mother became extremely agitated, repeatedly condemning Dai for deceiving both money and affection. Dai seemed to have something he was reluctant to reveal, looking embarrassed and remaining silent. Taking advantage of the situation, Zhang's mother proposed a settlement fee of 200,000 yuan, but Dai immediately refused, and the first mediation ended without resolution.
However, Lawyer Zhang Yong did not lose heart or back down. Instead, he boldly contacted Zhang's mother to explain the stakes involved: First, a considerable portion of Dai's debt had already been repaid to Zhang's sister, Ms. Zhang. As Dai's legal counsel, we are confident in our ability to reveal the truth in court. Second, Ms. Zhang's act of withholding Dai's various documents is neither legally nor morally justified and should be returned. Otherwise, we will pursue our rights to the very end without compromise. Finally, Zhang Jia and Zhang's mother reside in Henan, while the case is being heard in Shanghai. If the lawsuit drags on, it will inevitably cause Zhang Jia and Zhang's mother repeated exhausting travel, making the ordeal costly for both parties.
Under the persuasion of lawyer Zhang Yong, Zhang's mother gradually accepted the suggestion to continue with the settlement, and at the subsequent second mediation meeting, negotiations were held on the substantive terms of the agreement. Ultimately, the three parties reached a settlement agreement: Dai agreed to pay Ms. Zhang 65,000 yuan as a breakup fee and to settle the remaining debt owed to Zhang; Ms. Zhang agreed to return Dai's ID card, Mainland-Travel Permit for Hong Kong and Macao, household registration booklet, property ownership certificate, purchase contract, and other "proposal props" in full; Zhang Jia agreed to withdraw the lawsuit from Jinshan District People's Court within the specified time. Thus, the case concluded with a tripartite settlement.
