Keep evidence for borrowing and repaying loans; lack of evidence makes defense difficult.

Compiled from: Laiyang City People's Court

Case Review

Xiao Yang and Xiao Zheng had been in a relationship for many years. During this time, they planned to buy a car but lacked sufficient funds, so they agreed that Xiao Yang would borrow money from relatives and friends to cover the shortfall. Xiao Yang then borrowed 40,000 yuan from his close friend Xiao Yu, who agreed and handed over the money. The purchased car was registered under Xiao Zheng's mother's name. Later, Xiao Yang and Xiao Zheng's relationship soured, and they ultimately did not marry and broke up. Regarding the car, Xiao Yang demanded the 40,000 yuan loan from Xiao Zheng's mother, who claimed that her daughter Xiao Zheng had already repaid the money to Xiao Yu and had informed Xiao Yang via WeChat, so she should not have to repay Xiao Yang.

Xiao Zheng's mother submitted to the court the WeChat chat records between Xiao Zheng and Xiao Yang. The records showed Xiao Zheng asking Xiao Yang if he was home and saying, "I'll go back and give the money to Xiao Yu. Is cash okay?" Xiao Yang replied, "Sure." Subsequently, Xiao Zheng sent a photo of 50,000 yuan in cash to Xiao Yang, saying, "Give 40,000 to Xiao Yu." Xiao Yang did not respond.

Can the "cash photo" prove repayment? Wang Jingjing, Deputy Chief Judge of the Chengguang People's Tribunal of Laiyang City People's Court, stated that in this case, the "cash photo" only confirmed that Xiao Zheng had once held the 40,000 yuan in cash and claimed she would repay it to Yu, but whether it was actually repaid was not confirmed by Xiao Yang, nor did Xiao Yu acknowledge the repayment or provide other evidence to support the claimed repayment fact. Therefore, the evidence failed to meet the legal "standard of proof" and did not achieve the effect of "excluding reasonable doubt." Ultimately, the court did not accept the evidentiary content.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 90

The parties concerned shall provide evidence to prove the facts on which their claims are based or the facts on which they rebut the other party's claims, unless otherwise provided by law.

If a party fails to provide evidence or the evidence is insufficient to prove its factual claims before a judgment is made, the party bearing the burden of proof shall bear the adverse consequences.

[4] Author's Opinion

When preserving chat evidence, one should promptly confirm whether the other party has received the chat content or obtained their acknowledgment. Especially in cases involving cash transactions, it is even more important to retain direct payment evidence confirmed with the counterparty, including receipts, WeChat confirmations, audio recordings, etc., so as to form a complete chain of evidence that is interlinked and mutually corroborative, thereby better supporting one's own arguments and proving objective facts.