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No.1 of First Group of Model Cases Involving Internet Published by the Supreme People's Court: Chongqing Alibaba Petty Loans Co., Ltd. v. Chen Zhuangquan (Case about disputes over a petty loan contract)
最高人民法院发布第一批涉互联网典型案例之一:重庆市阿里巴巴小额贷款有限公司诉陈壮群小额借款合同纠纷案
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No.1 of First Group of Model Cases Involving Internet Published by the Supreme People's Court: Chongqing Alibaba Petty Loans Co., Ltd. v. Chen Zhuangquan (Case about disputes over a petty loan contract)
(Case about disputes over a petty loan contract)
最高人民法院发布第一批涉互联网典型案例之一:重庆市阿里巴巴小额贷款有限公司诉陈壮群小额借款合同纠纷案
No.1 of First Group of Model Cases Involving Internet Published by the Supreme People's Court: Chongqing Alibaba Petty Loans Co., Ltd. v. Chen Zhuangquan (Case about disputes over a petty loan contract) 最高人民法院发布第一批涉互联网典型案例之一:重庆市阿里巴巴小额贷款有限公司诉陈壮群小额借款合同纠纷案
[Basic Facts] 基本案情
On July 25, 2015, Chongqing Alibaba Petty Loans Co., Ltd. (hereinafter referred to as “Alibaba Petty Loans Company”) and Chen Zhuangqun concluded online a My Loan Contract, which stipulated loans and rights and obligations of the relevant parties. In particular, it was specially stipulated in the Contract that with respect to disputes arising from the Contract, the judicial organ may serve legal documents through such modern means of communication as SMS or e-mail; the mobile phone number or e-mail for receiving legal documents as specified by Chen Zhuangqun was that bound with his Alipay account with Alipay passwords entered in the conclusion of the Contract; Chen Zhuangqun consented to the judicial organ's adoption of one or several means in the service of legal documents and the time of service was subject to that of the earliest service among all means of service; Chen Zhuangqun confirmed that the aforesaid means of service were applicable to all judicial phases, including but not limited to first instance, second instance, retrial, enforcement as well as procedure of urging debt payment; and Chen Zhuangqun ensured the accuracy and effectiveness of the address for service of legal documents. If the provided address was inaccurate or Chen Zhuangqun failed to notify Alibaba Petty Loans Company of the altered address in a timely manner, causing failure to serve legal documents or service of legal documents not in time, he would assume the legal consequences that may arise therefrom. After the conclusion of the Contract, Alibaba Petty Loans Company issued a loan, but Chen Zhuangqun failed to repay the principal and interest as agreed. Therefore, Alibaba Petty Loans Company filed this lawsuit.
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 2015年7月25日,重庆市阿里巴巴小额贷款有限公司(以下简称阿里小贷公司)与陈壮群在线签订《网商贷贷款合同》,约定借款及相关双方权利义务。其中,合同特别约定:对于因合同争议引起的纠纷,司法机关可以通过手机短信或电子邮件等现代通讯方式送达法律文书;陈壮群指定接收法律文书的手机号码或电子邮箱为合同签约时输入支付宝密码的支付宝账户绑定的手机号码或电子邮箱;陈壮群同意司法机关采取一种或多种送达方式送达法律文书,送达时间以上述送达方式中最先送达的为准;陈壮群确认上述送达方式适用于各个司法阶段,包括但不限于一审、二审、再审、执行以及督促程序;陈壮群保证送达地址准确、有效,如果提供的地址不确切,或者不及时告知变更后的地址,使法律文书无法送达或未及时送达,自行承担由此可能产生的法律后果。合同签订后,阿里小贷公司发放贷款,但陈壮群未依约还款付息,故阿里小贷公司提起诉讼。
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