A dispute between two brothers over a loan of 400,000 dirhams

Ras Al Khaimah Court obligated the defendant to pay 325,000 dirhams to his brother.

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(Khaliji) obtained a loan of 400,000 dirhams, and handed it to his brother to pay the amount after three months. The tent, which obligated the defendant to pay the plaintiff 325,000 dirhams, the value of the remaining debt owed by him with annual interest of 6% on the value of the amount.

In detail, the plaintiff stated in the lawsuit that his brother asked him to obtain a loan from the bank for his benefit, and indeed he obtained a loan of 400,000 dirhams, and handed it to him on the condition that he return the amount to him with bank interest after three months, but the defendant refused to pay the amount.

The defendant’s attorney demanded that the case not be accepted because of a verbal agreement between the two parties, provided that the loan payment to the plaintiff begins after the defendant pays another separate personal loan that he took from the bank, as he is still paying the installments of his bank loan, and only a small amount remains from his salary. There was a moral impediment, as they are brothers, that prevented this agreement from being written in writing, and he demanded that the case be dismissed, as it is devoid of legal basis and evidentiary evidence.

The plaintiff stated in his defense memorandum that it is unreasonable for him to borrow an amount from the bank for the benefit of his brother, and he remains committed to paying the principal and bank interest, and added that his brother paid 75 thousand dirhams of the amount, and he has witnesses to prove what was agreed upon between him and his brother.

The expert delegated by the court stated that the defendant owed the plaintiff an amount of 325,000 dirhams, after the two parties approved the payment of the defendant 75,000 dirhams of the original amount, and the expert confirmed that there was no written agreement between the two parties on the date of payment.

The court decided to obligate the defendant to pay the plaintiff 325,000 dirhams, the value of the debt he owed with annual interest of 6% on the value of the amount, calculated from the date of the ruling, and obligated him to pay the expenses and fees of the lawsuit.

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