In the last love affair, Xiaotian (a pseudonym) expressed his love to her many times with a red envelope of 520 yuan and 1314 yuan. One year later, she was given a red envelope of 50,000 yuan. On the day of the breakup, Xiaotian asked to write down the IOU. A year later, her ex-boyfriend sued Xiaoli in court for 50,000 yuan.
A few days ago, the peoples court of Jingning County made a judgment of first instance: Xiaoli returned Xiaotian 25,000 yuan. The reason is that part of the transfer does have the nature of gift, but the premise of small day transfer is hope and reconciliation, the purpose has not been achieved. Because of fairness, Xiao Li was asked to return 50% of the money as appropriate.
The Intermediate Peoples Court of Lishui City upheld the original judgment.
Boys often use Wechat red envelope to show their love for each other
In October 2016, Xiaoli met Xiaotian, an Anhui native, on a dating website. At that time, Xiao Li was 23 years old, working in Lishui, 29 years old, doing business in Hangzhou.
Although they are in different cities, they feel very in tune when they meet. Therefore, the relationship was quickly established and a long-distance love + online love life began.
Because I cant accompany my girlfriend, Xiaotian often sends red envelopes to her.
Every special day, 520 and 1314 these love red envelopes he made a lot of. In addition, as long as Xiao Li confides in him about her troubles at work, he will give her a red envelope and give her a little comfort. In response, Xiao Li often sends some intimate gifts to Xiao Tian.
On one occasion, Xiao Li did not pay attention to Xiao Dai for several days because of her troubles at work. In order to reassure her girlfriend and give her a sense of security, Xiaotian immediately transferred Xiaoli 10,000 yuan. ?
After that, Xiao Li refused to accept the money. Xiao Tian handled a credit card and sent it to Xiao Li for use, but she refused to accept it.
Xiao Tian has been very persistent, Xiao Li just accepted the 10,000 yuan transferred to her Wechat before.
When breaking up
He asked her for the red envelope.
Although Xiao Li and Xiao Tian have been in love for more than a year, they have met twice in total because of their different places.
Gradually, Xiao Li began to reject this feeling. She wanted to break up. In order to miss Xiaotian, she began to deal with the cold treatment - no reply to the letter, no answer to the phone.
Xiao Lis indifference gives Xiao Tian a sense of crisis. He brought Xiao Li to Hangzhou, which is the last showdown.
On November 25, 2017, after they met in Hangzhou, Xiao Li firmly expressed her attitude that she did not want to continue this relationship.
Seeing that it was impossible, Xiao Tian took out the prepared form of owe slip and asked Xiao Li to fill in it. After his calculation, he sent Xiao Li 31 red envelopes in more than a year, totaling 50,000 yuan.
The reason why he wanted Xiaoli to sign the IOU was to let her pay the money back.
Xiao Li reluctantly wrote her name on the note.
After his ex-boyfriend appealed
The court ruled that the ex-girlfriend was half as good.
After the separation, Xiao Li and Xiao Tian had no contact.
In Xiao Lis opinion, when they met in Hangzhou for the last time, Xiao Tian asked her to sign the debt slip just to save the relationship, not to really ask her for money.
However, the development of the matter was beyond Xiaolis expectation.
At the end of 2018, Xiao Li suddenly received a subpoena from the court: Xiao Tian took the owed note and sued her to the court, asking her to pay back the money immediately!
Xiaotian believes that the 50,000 yuan he gave Xiaoli during her love affair belongs to the folk loan. After signing the owe slip, Xiao Li did not pay it back, so he had to ask for the owe through legal channels.
Finally, after hearing the case, Jingning Court held that Xiaotians transfer of Xiaolis red envelope on Wechat was not a private loan. According to the general principles of the Civil Law, disputes over returned property should be settled.
During their relationship, Xiaotian gave Xiaoli a red envelope and transferred money, although it was a gift, but the premise of Xiaotians giving money was to hope to meet Xiaolis target. The two eventually broke up, the purpose of the day did not reach, for fair consideration, Xiaoli should return 50%, or 25,000 yuan, as appropriate.
Source: responsible editor of Qianjiang Evening News: Xun Jianguo_NN7379