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Text| Babe
Edit| Ogawa
Recently, a dispute over WeChat transfers and red envelopes has caused heated discussions on the Internet.
The woman transferred more than 15,000 yuan to the man through WeChat red envelopes and transfers, but when repaying the money, the man argued that the red envelopes were given to him and did not need to be repaid.
The two went to court because of this, and the judge said that the WeChat red envelope was not a transfer, which made netizens insightful!
$15,000 dispute
Ms. Liu met Mr. Zhou in 2019 through an online game on WeChat, and the two got to know each other in the chat, so they became friends.
Soon after they met, Mr. Zhou borrowed money from Ms. Liu on the grounds of financial difficulties, and although he was worried, he still lent him money because of his feelings.
The amount of money Mr. Zhou borrowed each time was not very large, ranging from hundreds to thousands of yuan, and there were also small amounts such as one or two hundred.
For loans of more than 200 yuan, Ms. Liu lent them to Mr. Zhou in the form of WeChat transfer, and Ms. Liu usually sent red envelopes for small amounts.
In this way, from 2020 to 2021, Ms. Liu successively lent Mr. Zhou more than 15,000 yuan, which is a large amount.
Since Mr. Zhou did not say the specific date of repayment at the beginning of the loan, he only said that he would repay the money as soon as possible, but after several months of borrowing, Ms. Liu did not receive the repayment, and she couldn't help but feel a little anxious.
So Ms. Liu sent a message to Mr. Zhou to ask for it, but Mr. Zhou's attitude changed a lot.
He said that the money he gave before was all red envelopes, which were given to him to buy daily necessities, and he did not need to pay them back.
When she heard this, Ms. Liu was reluctant, obviously the transaction between the two was a loan, how could it be a gift now.
After repeated requests to no avail, Ms. Liu, who was so angry, sued Mr. Zhou to the People's Court of Haidian District, Beijing.
When the court accepted the matter, it said that WeChat red envelopes and money transfers are two different concepts, and their nature is different.
The concept of transfer is very clear, and in this case it can be seen as one party lending money to another.
However, WeChat red envelopes have different meanings, and there are habits of giving red envelopes in many places in the mainland, including the behavior of the elders who send red envelopes during the New Year.
Therefore, in the general concept, a red envelope means a gift to the other party, which is a voluntary act of giving.
In the economic dispute between Ms. Liu and Mr. Zhou, Ms. Liu did lend money to the other party, but there were two forms: WeChat red envelopes and transfers.
Therefore, what Mr. Zhou argued is reasonable, and as far as this matter is concerned, the total amount of red envelopes given by Ms. Liu is more than 2,700 yuan, which does have the meaning of gifting, so Mr. Zhou does not need to repay.
The other 12,900 yuan, Mr. Zhou also said that it was a gift from the other party, which obviously does not make sense.
Moreover, the amount of money between the two people was frequently traded, and Ms. Liu did not clearly indicate that it was a gift when transferring the money, so Mr. Zhou needed to repay.
Finally, after the court's judgment, Mr. Zhou was ordered to repay Ms. Liu's loan of $12,900.
Judge's reminder
For the verdict of this dispute, many netizens do not agree, after all, the relationship between the two people is a loan, Ms. Liu kindly lent money to the other party, not only did not ask for interest, but in the end, even the principal was reduced by two or three thousand, which is also too chilling!
Netizens were very resentful of Mr. Zhou's behavior, thinking that he was a white-eyed wolf, and now he cheated and didn't pay back the money even though the money was lent to him.
But it is undeniable that when borrowing money is a good intention, although many people have a conscience to understand the Entu report, but many people do not appreciate the reluctance to repay the money, in order to avoid disputes when repaying the money, it is necessary to pay attention to the borrowing of money when setting up a good note, the money saved can not be collected back to the court.
The legal basis of this case is also related to the amount of the red envelope, you must know that the WeChat red envelope can be transferred to a maximum of 200 yuan at a time, and its amount is very small and has the meaning of "red envelope" in folk customs, so under normal circumstances, the default transfer of red envelopes is a voluntary gift.
Transfer is a method of payment, which is protected at the time of repayment and cannot be shirked by the repayer.
And WeChat is a chat software, if it really involves money borrowing and disputes, it is best to set up a note or borrow money with bank cards and Alipay, etc., and note the purpose clearly.
Some netizens also asked if the husband gave the money to the mistress in the form of a red envelope, then the wife couldn't get the money back, after all, the red envelope was a voluntary gift, so the rights and interests of the wife would not be protected.
This should be dealt with separately, because the money used by the husband is part of the joint property of the marriage, and even if he gives it to others, he can only give his own part.
After the wife discovers this behavior, she can ask for half of the money back, which involves the issue of marital property.
But what is certain is that if one party squanders the money behind the other party's back, then it is definitely possible to defend rights through legal means.
In addition to the special circumstances in the red envelope, there are also special judgments for transfers.
For example, in the process of falling in love, couples will definitely be involved in financial exchanges, and it is also very common to transfer money on special holidays such as Valentine's Day.
So in this case, if money is transferred during the relationship, is it a gift or a loan?
In fact, the court has also heard this kind of incident, and many couples will have financial disputes after breaking up, the most important thing is the transfer of money on anniversaries.
Although hundreds and thousands are all transfers, the transfer amounts of 520 and 1314 obviously have special meanings, and they are gifts to the other party by default.
However, if there is a clear indication when transferring the money, this is the emergency nature of the loan to the other party, then you can ask the other party to repay it after the breakup.
In addition to red envelopes and transfers, there will also be transactions involving higher amounts of real estate and luxury goods before marriage, and whether or not this need to be repaid depends on the specific situation.
If there is a clear purpose, that is, to get married, you will buy these things for your other half, then of course it is okay for two people to break up.
But if the normal expenses during the relationship are clear that they will not be returned if they are to be given to the other party, then the other party does not have to return them.
Nowadays, many people have adopted the method of online payment, and this kind of economic dispute is very common.
Before a large amount of transactions, you must think carefully, and when it comes to the issue of repayment in the future, you should also say in advance to avoid disputes in the future, and you can make notes when transferring money to indicate the purpose of the money.
I believe that after understanding the difference between red envelopes and transfers, people will be able to reduce a lot of trouble in future economic transactions.