China News Service, Guangzhou, May 20 (Cai Minjie, Liang Sirui) The transfer of 520,000 yuan between couples means "I love you"? Can I recover after breaking up? The People ’s Court of Liwan District in Guangzhou said on the 20th that in a previous case, a Guangzhou man transferred 520,000 to his (ex-) girlfriend on May 21 of a certain year, and was eventually determined to be a loan and not a “gift of love”. return.
Xiaoliang (pseudonym) and Xiaofu (pseudonym) began to fall in love in March 2018 and broke up in September of the same year. During the love period, Xiaoliang made several transfers to Xiaofu for a total of 2.02 million yuan. The two parties did not sign a loan contract or issue a loan. Among them, on May 21, 2018, Xiaoliang transferred 520,000 yuan to Xiaofu. On June 11, the same year, Xiaofu transferred 500,000 yuan to Xiaoliang.
After the two broke up, the two sides had a dispute over the money. Xiaoliang filed a lawsuit with the court, claiming that the 2.02 million yuan he transferred to Xiaofu is of the nature of a loan. Because Xiaofu has repaid 500,000 yuan, he is now required to return the principal and interest of 1.52 million yuan.
In the court, Xiaofu replied that the 2.02 million yuan belonged to the close economic ties between the two parties during the cohabitation period. It was a business transaction or a gift, not a loan. Especially on May 21, Xiaoliang transferred 520,000 yuan to her. It is an expression of the specific meaning of "I love you". Therefore, he did not agree with Xiaoliang's lawsuit.
The Guangzhou Liwan District People's Court held that, first of all, although Xiaoliang could not provide a loan contract, debit note, etc., indicating that there was a loan relationship between the two parties, but according to the WeChat chat record provided by it, it can be proved that Xiaoliang did not give the money involved It means paying and investing in a business run by Xiaofu. Secondly, after paying Xiaoliang ’s transfer money, Xiaofu repaid 500,000 yuan to Xiaoliang ’s transfer, which also showed that the money involved was of a borrowing nature. Again, "520" does have a special meaning in real life. The amount of 520,000 yuan in Xiaoliang ’s transfer payment of 2.02 million yuan to Xiaofu is quite different from the meaning of "520". Xiaofu claims that the money belongs to the mutual The justification for the gift is not established. There is a private loan relationship between the two parties, and Xiaofu should repay the loan to Xiaoliang. The Liwan Court then made the first-instance judgment, and within a time limit Xiaofu returned the principal and interest of 1.52 million yuan to Xiaoliang.
Xiaofu appealed against the decision of the first instance. The Guangzhou Intermediate People's Court made a second-instance decision to dismiss the appeal and uphold the original judgment.
Judge Lao Canhui of the Second Chamber of the People's Court of Liwan District in Guangzhou said that in this case, Xiaoliang and Xiaofu did not sign a loan agreement or debit, and Xiaoliang only provided bank transfer records as evidence. This situation often occurs between acquaintances based on feelings, such as relatives, friends, lovers, etc. When a dispute occurs, a party often denies that the money involved is of the nature of borrowing, but claims that it is of the nature of gift or investment.
To avoid such disputes, the judge suggested that when borrowing money between acquaintances, you can follow the "three steps":
The first step: clarify the nature of the payments in a timely manner. Even if the two parties are acquaintances, including couples with close relationships, both parties should explain clearly and clearly the nature of the payment, especially the large amount, to avoid obscuring the nature of the payment beforehand and understanding the nature of the payment afterwards. Disagreements create disputes.
Step 2: Sign a written loan agreement or issue a loan slip. When both parties agree on the loan and clarify that the money is a loan, in order to avoid future disputes, they should sign a loan agreement or require the borrower to issue a loan note, a debit note, and clearly agree in writing the key content of the loan contract, including the names and identities of both parties Certificate number, loan purpose, loan amount, interest rate, repayment period and repayment method, etc.
The third step: cash delivery is difficult to retain written evidence, try to lend or return the loan by bank transfer, Alipay transfer, WeChat transfer, etc. In the transfer, you can note the nature of the payment. After the transfer is completed, save the payment voucher. In addition to payment vouchers, the electronic chat records and short message records of both parties regarding loan repayments can also be kept in time for future needs. (Finish)