Husband has a hairy: Wife, female anchor, and platform report together

  The woman Mo had repeatedly rewarded the female anchor without her husband, and her family’s savings of more than 400,000 yuan became "other people’s money"... After the husband discovered this, he took his wife, the female anchor, and the third-party micro-broadcasting company to court in anger. .

  On December 27, the reporter learned from the Dongpo District Court in Meishan City, Sichuan that a verdict had been issued in this case.

The court found that the defendant Mo's donation of the property of the plaintiff (husband) violated the principle of fairness and violated the plaintiff's true intentions.

The plaintiff's request for the defendant Ding (female anchor) and the third-party micro-broadcasting company to return half of the reward is in compliance with the law and supports it.

In the end, it was judged that the defendant Ding XX and the third-party micro-broadcasting company each returned more than 100,000 yuan in rewards to the plaintiff.

  The court found that the plaintiff and the defendant Mo were married.

Beginning in January 2020, the defendant Mo and the third-party micro-broadcasting company signed the Douyin User Registration Agreement and the Douyin Top-up Service Agreement, became a Douyin platform user and recharged a large amount of cash on the Douyin platform.

Within 7 months, the defendant Mo will purchase 408.5442 Shake Coins (equivalent to RMB 408,542,200), through virtual gifts, many times in the live broadcast room of the Douyin anchor and defendant Ding Mo.

The rewards were distributed by the third-party Weibo company platform and the defendant Ding Moumou according to the proportion of 50%, and the income was 204,272,100 yuan.

  The court found that the defendant Mo and the third-party Weibo Company signed the "Tik Tok User Registration Agreement", and there was a network service contract relationship with the third party.

However, according to the agreement, the defendant Mo’s contractual obligation was only to bear the data and internet fees, and Mo’s rewarding behavior was not a mandatory obligation stipulated in the contract. It was Mo’s voluntary behavior and was a single act.

Therefore, the act of rewarding involved in the case was the act of donating Mo to the anchor, not the act of consumption in fulfilling the network service contract.

  The case involved a reward of more than 400,000 yuan. It was an act that occurred during the relationship between the defendant Mo and the plaintiff’s husband and wife, and the reward was made using the joint property of the plaintiff and the defendant Mo. There is no evidence in this case to prove that the plaintiff knew about it during this period. Momou's rewarding behavior.

The donation by the defendant Mo in this case was due to the disposition of property belonging to the plaintiff, and the plaintiff’s litigation behavior has clearly indicated that he disagrees with the disposition of his own property by the defendant Mo without authorization.

Therefore, the defendant Mo's donation of the plaintiff’s property violated the principle of fairness and violated the plaintiff’s true intentions.

The request of the plaintiff to request the defendant Ding XX and the third-party micro-broadcasting company to return half of the rewards was in compliance with the law and the court supported it.

  Since the defendant Ding and the third-party micro-broadcasting company each received 50% of the rewards and gifts involved in the defendant Mo’s case, in consideration of the principle of fairness, the defendant Ding and the third-party micro-broadcasting company should pay the plaintiff separately 102,13605 million yuan in rewards and gifts was returned.

  Finally, the court ruled that the defendant Ding XX and the third-party Weibo Company shall respectively return 102,13605 yuan in rewards to the plaintiff within ten days from the effective date of this judgment.

The judge reminded the general public to consume rationally and be cautious when rewarding anchors.

  Yang Xiaoli Chengdu Commercial Daily-Red Star News reporter Jiang Lin