How to determine the loan during love?

Most of the couples will via WeChat and Alipay

Wait for the platform to transfer each other

"Little Red Envelope" with love

There are also large transfer of emergency use

But after breaking up

These sweet past

But it has become the focus of disputes between the two parties

Economic relationship between couples

Usually no written voucher is left

Only relying on the transformation record and chat record

Can it be identified as a loan?

Let's take a look at the following case ~

Basic case

The former and the defendant were originally male and female friends. During the period of love, the plaintiff repeatedly transferred to the defendant, and the two sides ended their love relationship. Among them, on November 17, 2021, the plaintiff transferred 10,000 yuan to the defendant through WeChat; on November 21, December 6, and December 23 of the same year, the plaintiff transferred 20,000 yuan, 10,000 yuan, and 6,000 yuan to the defendant through Alipay. The plaintiff claimed that it transferred a total of 46,000 yuan to the defendant, all of which were borrowed from the plaintiff.

The defendant argued that the plaintiff's transfer to it was 46,000 yuan, but the 10,000 yuan on November 17, 2021 was not borrowed from the plaintiff, but was voluntarily given by the plaintiff when playing WeChat games with the plaintiff. Borrowing, he is willing to repay, but now he has no money to repay. During the trial, the plaintiff claimed that the interest on the borrowing was based on 46,000 yuan, and from the date of the prosecution (March 23, 2022) to the actual payment date, it was calculated based on the one -year loan market quotation interest rate announced by the National Banking Interbank Borrowing Center.

Focus

The plaintiff's 10,000 yuan transferred to the defendant on November 17, 2021 was a loan.

Referee result

The first trial of the People's Court of Yanzhou District, Jining City is as follows:

The defendant repaid the plaintiff's borrowing principal and interest within ten days from the date of effectiveness of this verdict (based on 46,000 yuan as the base, from March 23, 2022 to the date of actual payment, according to the National Bank of China Interbank Borrowing Center announced One -year loan market quotation interest rate calculation).

Case interpretation

According to the plaintiff's statement, at that time, in love with the defendant, due to the illness of the defendant's father, the defendant and the plaintiff video borrowed from the plaintiff, so the plaintiff lent to the defendant 10,000 yuan. Persist in repayment, and the plaintiff did not say anymore, and then urged the defendant many times. The defendant argued that the plaintiff was voluntarily given when the plaintiff played the WeChat game with the plaintiff, and the plaintiff was given to the defendant, and the plaintiff also said that he did not need to repay, so the 10,000 yuan was not a loan.

The court believes that when the defendant chatted with the plaintiff WeChat, "I will give you your 100,000 tomorrow", "You can rest assured that you will give you 10,000". From the combination of the original and the defendant's statement, the original and the defendant High possibility of lending intention. From the perspective of the proof, the plaintiff submitted screenshots and transfer records of the WeChat chat records of both parties. The defendant said that the plaintiff was voluntarily given by the plaintiff when the 10,000 yuan was originally from the original and the defendant. The court did not accept the letter. Taken together, the defendant has the possibility of borrowing from the plaintiff, and the court determines that the 10,000 yuan was borrowed from the plaintiff.

The court held that the defendant was borrowed from the plaintiff 46,000 yuan. After the plaintiff's request, the defendant should return it in time. The defendant did not return it in time to constitute a breach of contract. The plaintiff asked the defendant to repay the principal and interest of the loan, and the court supported it. Although the original or defendant did not agree on the borrowing interest, the plaintiff requested that the interest rate was calculated from the date of the prosecution to the date of the real estate borrowing center announced by the National Banking Center Borrowing Center.

Correlation

Article 667 of the "People's Republic of China" Article 667 The borrowing contract is a contract that borrows from the lender to borrow from the lender to return loans and pay interest.

Article 675 of the "People's Republic of China" Article 675 The borrower shall return the loan in accordance with the agreed period. If there is no agreement or an agreement on the borrowing period, or the agreement is not clear, if it is still not determined in accordance with the provisions of Article 510 of the Law, the borrower may return it at any time; the lender may urge the borrower to return within the reasonable period.

Article 28 of the "Supreme People's Court on the Application of Laws on the Application of Cases of Civil Loan Cases" Article 28 If the borrowing parties have agreed to overdue interest rates, it is agreed from it, but it does not exceed four times the interest rate of the one -year loan market at the establishment of the contract. Limited. If the overdue interest rate is not agreed or unknown, the people's court may distinguish between different situations: (1) neither the interest rate of the borrowing period nor the overdue interest rate. If the interest of the interest rate standard for the loan market is responsible for overdue repayment and breach of contract, the people's court shall support it; (2) the interest rate during borrowing is agreed, but the overdue interest rate is not agreed. If interest rate payment funds are occupied during the borrowing period, the people's court shall support it.

The "Explanation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 108 of the evidence provided by the parties to the parties with proof of proof of proof. Those who have high possibilities should be determined that the facts exist. Evidence provided by the fact that one party provided by the facts claimed by the parties who have the responsibility of proof of proof, and the people's courts were reviewed and combined with the relevant facts that the fact that the facts to be proof were unknown, the facts should not be determined. If the law shall be provided for other provisions of the certification standards to the facts of the evidence, it shall be stipulated. Judge remind

In today's society, couples have become increasingly frequent during their love periods. During the period of love, the two parties will not be too much to care about money, but once the relationship is broken, property disputes will occur. During the love of couples, the economic exchanges between the two sides generally do not have written vouchers, only WeChat, Alipay or bank transfer records. If one party filed a lawsuit against the court with a civil loan dispute, one of the defendants would defend this department for the gift of common living expenditures or during love, and if the plaintiff did not have sufficient evidence to prove that the people's court could not support the plaintiff's lawsuit.

The judge here reminds everyone:

1. Be sure to write a large amount of loans, and the transfer of small loans must be reminiscent to protect your legitimate rights and interests;

2. Pay attention to preserving evidence. If there is no debit, we must save WeChat, text messages, calls, conversation recording, etc., such as one party admits that the money is borrowed in the chat, or the promise will be repaid;

3. If there is no lending relationship, it is best not to issue loyalty, love or compensation between couples to express loyalty, love or compensation to avoid unnecessary trouble.

Source: Yanzhou District Court, Jining City

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