the case of loan for consumption, oncoming the oral argument in the civil first instance.

 the case of loan for consumption, oncoming the oral argument in the civil first instance.

[my opinion]
the point of the case is that, overlapping of the administrative and judicial procedure, how to handle with?
exception, for example, the <administrative penalty act> article 26, happen to the competition of administrative penalty and criminal penalty, the criminal penalty has priority in the procedure.
the similar exception rules in the <the township and county-administered city mediation act>.

the outline of this case is:
Miss Xiao lent to Miss Zhong, there has a written loan contract.
the debtor Zhong has been delinquent in paying notwithstanding the demand of the creditor.
then the creditor Xiao sued the debtor Zhong, the litigation had been assigned to the summary court.
the amount of value no more than 500 thousand new Taiwan dollars belong to summary proceeding, the amount no more than 10 thousand belong to small proceeding.
both been handled by the summary courts.
the defendant Zhong had been noticed for the oral argument date, she petitioned the borough hall for mediation, with the wish for settlement before the oral argument day.

during the pending litigation, may petition for mediation.
except after the conclusion of the oral argument session in the first instance and before the  first instance judgment made, there may not petition for mediation.
【note: <the township and county-administered city mediation act> article 10, ministry of justice the eleven December 2007 no.0960046776 letter】
after judgment have been made, may petition for mediation.
I has been receiving many case under that situation, especially for how to implement the judgment.
if the mediation reach the settlement after judgment, which has the binding effect based on the which occur in the latter.

petitioned by parties, no effect on the judicial proceedings.
but referred by the court, <the township and county-administered city mediation act> article 12 rule, the civil judicial proceeding will to be stop.
if the mediation couldn't reach the settlement, <the township and county-administered city mediation act> article 12, article 26 3, the litigation proceeding shall resume accordingly.

the mediation reach the settlement during the pending litigation and approved by court, <The Township and County-Administered City Mediation Act >Article 28 rule, the litigation concluded, and plaintiff may request return the two third of the litigation cost.

[the fact]
on May first, seventh, eleventh 2023, both signed the contract of loan for consumption.
the amount is 55 thousand new Taiwan dollars(below same).
Miss Xiao is lender, Miss Zhong is borrower.
Miss Zhong has delinquent in paying.

[appendix in the dossier]
the petition form for mediation
date on May first 2023 the receipt copy for loan 30 thousand.
May seventh for 1 thousand.
May eleventh for 15 thousand.
the summary court notice, cause: return loan, due time: June forteenth 2023, proceeding: oral-argument.
Miss Zhong's identity card copy.
Miss Xiao's identity card copy.
Miss Xiao's deposit book cover copy.

[terms of settlement]
both reach the settlement:
1. Miss Zhong repay Miss Xiao 55 thousand new Taiwan dollars(below same). transfer to designating account: post 000-000.
2. by installments, from July 2023, pay 5 thousand before the fifth of each month, until pay off, if delinquent once time, the all installments deem expired.
3. for civil both abandon the remaining claim rights.(below blank)

[reference]
<the township and county-administered city mediation act> Article 10:
For the case that under Article 1 one party may apply for the mediation, if the oral argument has been concluded in the first instance, no such application may be initiated.

<the township and county-administered city mediation act> Article 28:
For the civil action pending in the court, where a successful mediation is reached and the mediation agreement is approved by the court before the judgment becomes final and binding, the action is concluded accordingly. The plaintiff may move for the return of two third of the court costs paid within three months from the day of the service of the successful mediation approved by the court.

【ministry of justice the eleven December 2007 no.0960046776 letter】
1.The civil mediation approved by the court shall have the same effect as a binding judgment under the civil litigation. rule in <The Township and County-Administered City Mediation Act> Article 27. so same act article 10 rule:"For the case that under Article 1 one party may apply for the mediation, if the oral argument has been concluded in the first instance, no such application may be initiated." the purpose is to avoid double binding judgments exist. so the oral argument has been concluded in the first instance, no such application may be initiated. but the judgment has been entered but before becomes binding, refer to context of <The Township and County-Administered City Mediation Act> article 28, on the judgment entered but before binding, may apply for mediation.
2.if judgment had been binding(payment order binding same as binding judgment), both parties bound by binding judgment. if there were not new facts and evidence be found, there is no need to petition for mediation. but the litigation to end and had been out of judicial procedure, if both agree to move to mediation again(reasons such as reduce payment, allow installments, et cetera), on account of rights of the parties’ disposition, they may petition for mediation once again.