The defendant Zhao purchased rolls from the plaintiff Zhou, and the two parties communicated the purchase and sale matters through WeChat. On January 11, 2025, Zhou sent Zhao a photo of a statement of 100728 yuan, but Zhao did not reply. On January 28, 2025, Zhou requested Zhao to repay part of the payment through WeChat, and then Zhao transferred 50000 yuan to the bank. On June 23, 2025, Zhou sent a WeChat message to Zhao saying "Adding last year's 50792 yuan, a total of 70713 yuan", but Zhao did not reply. On July 27, 2025, Zhao wrote an IOU to Zhou in person, which stated a debt of 50000 yuan. Later Zhou found that Zhao deliberately wrote the last word of his name on the IOU as a homophone and mistook the ending of his ID card number. Due to Zhao's continuous failure to pay the goods, Zhou sued him to the court, demanding that Zhao pay a total of 70713 yuan for the goods.
After trial, the court believes that this case is a dispute over a sales contract, and the parties may enter into a contract in written, oral, or other forms. In this case, Zhou's statement and the evidence he submitted, such as WeChat chat records and IOUs, can mutually confirm that Zhao owes 50000 yuan in unpaid goods. Zhou's lawsuit request for Zhao to pay him the outstanding 50000 yuan is supported by law. Zhou claimed that the two parties conducted another transaction after January 28, 2025, but the evidence he provided was insufficient to prove the content of the transaction and the amount owed by Zhao. He should bear the adverse consequences of the inability to provide evidence, and this court does not support this part of the amount. After trial, the court ruled that Zhao should repay Zhou's payment of 50000 yuan. After the verdict of the case, neither Zhou nor Zhao filed an appeal, and the verdict of this case has come into effect.
The wrong writing of the name and ID number on the IOU does not mean that the fact of the debt disappears out of thin air, nor can it directly exempt the repayment obligation. To judge whether to pay back the money, it is not to see whether the name and ID number number on the IOU are exactly the same, but whether there is a real sales contract relationship and a complete chain of evidence. Written IOUs are only one of the important evidence to prove creditor's rights and debts, rather than the only basis. In judicial trials, the court comprehensively determines legal facts based on all the evidence in the case, without being bound by the superficial textual differences in the identity information contained in the IOU. In this case, the plaintiff and defendant reached a sales agreement through WeChat, and the plaintiff completed the delivery of the goods. The defendant also made partial payment transfers and subsequently issued a promissory note to confirm the amount owed. If there are slight differences in the name and ID card number in the IOU, the overall screening can be carried out in combination with the transaction process, communication records and performance behavior, which does not necessarily have the effect of blocking the creditor's rights and debt relationship. In the absence of contrary evidence to overturn the existing transaction and debt facts, according to the rules of civil litigation evidence, the fact of unpaid goods can be legally confirmed, and the parties shall assume the contractual obligation to repay the goods in accordance with the contract.
In transactions, both parties should properly retain transaction vouchers. It is recommended to accurately check and truthfully fill in the debtor's name, ID card number, amount of debt, reason for debt and repayment time and other key contents when signing the debt certificate on a daily basis, so as to ensure that the written certificate is consistent with the identity information and transaction facts. At the same time, it is necessary to properly keep chat records, transfer vouchers, supply documents and other relevant evidence. Once disputes arise, it is convenient for the court to objectively investigate the facts of the case in accordance with the law and protect its legitimate civil rights and interests.
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