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一、案情张某和刘某系好友。1995年8月15日,张某因做生意向刘某借款9万元,口头约定3个月还清,月息2分。11月15日还款期满后,张某没有偿还。刘某多次催要,均遭拒绝,双方因此产生矛盾。刘某扬言要对张某采取非常措施。1996年1月15日,张某的哥哥(下称张兄)带着张某到刘某家中,让双方协商解决的办法,并从中进行调解。然而,张某却借故溜走,刘某更为恼火。张兄为平息事态,便主动代其弟张某向刘某出具了一张欠条,并代笔在借款人名下签上了其弟张某的名字,又在担保人名下签上了自己的名字。但张兄和刘某始终未将此事告知张某。3月5日,刘某又找张某索款,张某无奈,为刘某出具了一
First, the case of Zhang and Liu Department of friends. August 15, 1995, Zhang for business loans to Liu 90000 yuan, verbal agreement for 3 months to pay off, monthly interest rate of 2 points. After the repayment on November 15 expire, Zhang did not repay. Liu repeatedly reminders, were rejected, so the two sides have conflicts. Ryu threatened to take extraordinary measures on Zhang. January 15, 1996, Zhang's brother (hereinafter referred to as Zhang Xiong) to Zhang's home, allowing both parties to negotiate solutions and mediation. However, Zhang took an excuse to slip away, Liu even more annoyed. Zhang Xiong to quell the situation, they take the initiative on behalf of his brother Zhang Moumou issued an IOU, and on behalf of the borrower signed the name of his brother Zhang, but also in the guarantor signed his name. But Zhang Xiong and Liu did not inform this matter Zhang. March 5, Ryu Zhang find another claim, Zhang helpless, issued a Liu