Is it feasible to repay with virtual currency?
Real money is lent out, but what is received back is a string of virtual numbers.
The defendants Wang and Zhang are a couple. In July 2020, Wang borrowed 10,000 yuan from the plaintiff Zhou under the pretext of needing funds for turnover, and Zhang was unaware and did not subsequently acknowledge it.
In May 2022, Wang and Zhang jointly borrowed 50,000 yuan from Zhou. In the same year, Zhang repaid 40,000 yuan to Zhou, and Wang used a financial platform to repay the remaining 20,000 yuan to Zhou using virtual currency. Wang believed the loan had been settled, but Zhou did not recognize it, thus bringing the case to court.
Further investigation revealed that the financial platform operated by Wang is the “TR Foreign Currency Platform,” which has been identified by law enforcement as suspected of engaging in virtual currency pyramid schemes and has since been shut down. Both the plaintiff and the defendant had invested in the “TR Foreign Currency Platform.”
Court: Compensation is invalid, repayment must continue. According to the notice jointly issued on September 15, 2021, by the People's Bank of China, the Supreme People's Court, and ten other departments regarding further prevention and handling of risks related to virtual currency trading speculation, virtual currency does not have the same legal status as legal tender, does not have legal compensation capabilities, and should not and cannot be used as currency in circulation in the market. Wang's act of using virtual currency to repay debts is classified as illegal virtual currency trading explicitly prohibited by regulatory authorities and should be deemed invalid; Wang still needs to fulfill the repayment obligation.
Regarding Wang's 2020 loan of 10,000 yuan, the plaintiff did not provide evidence to prove that the funds were used for the couple's joint living expenses or based on mutual consent, and it should not be recognized as joint marital debt; Zhang does not bear the repayment responsibility. For the 2022 loan of 50,000 yuan, which occurred during the marriage relationship, Zhang was present at the time of borrowing and had fulfilled the repayment obligation, which can be recognized as joint marital debt, and Zhang bears the joint repayment responsibility.
In summary, the Xiangyin Court ruled that Wang must repay the principal of 10,000 yuan and interest, and Wang and Zhang must jointly repay the principal of 10,000 yuan and interest. After the judgment in this case, both parties accepted the ruling and ceased litigation; the judgment is now effective. Follow me! Get more information about the cryptocurrency circle!
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