□ Reporter Xu Weilun
□ correspondents of this newspaper: Zhang Weiying and Yang Hui
In recent years, advertising slogans such as "you consume I pay, intimate payment makes love more intimate" have been widely circulated. During the period of love, in order to express their love, some couples will open intimate payment related services for each other in WeChat or Alipay, that is, when one party pays online, they can choose to deduct the bank card balance of the party bound to the family card. However, is this act of payment a loan or a gift? After couples break up, they often say different things about it.
Recently, the Tongzhou District People's Court in Beijing heard a dispute arising from the act of payment on behalf of others. After hearing, the court held that in the process of opening such intimate payment business, it was prompted as "gift" or "gift", and it was difficult to determine that the intimate payment was a lending act in the absence of other evidence.
Xiao Wang and Xiao Li met on the online platform in 2021 and quickly became lovers. In the process of getting along, in order to express his love, Xiao Wang opened a WeChat family card and Alipay's family card business for Xiao Li. From June to November 2021, Xiao Li spent 6,11 yuan through WeChat family card and more than 2000,4 yuan through Alipay family card. In addition to the more than 4,25 yuan, during the relationship between the two parties, Xiao Li also transferred money to himself through Xiao Wang's WeChat, Alipay family card and Xiao Wang's bank card for a total of 7,<> yuan (of which <>,<> yuan and the two parties signed a loan contract).
As the relationship faded, the two sides broke up peacefully at the end of 2021. The parties disagree with regard to the above-mentioned paragraphs. Xiao Wang believed that all the above payments were loans and demanded that Xiao Li repay them in full. Xiao Li once replied in WeChat at the end of 2021: "Whatever you say, the money will be given to you after the New Year." ”
However, Xiao Li did not repay it afterwards. For this reason, Xiao Wang sued the Tongzhou District People's Court in Beijing, demanding that Xiao Li repay all the loan and pay interest on the overdue payment on the grounds that the above money was the nature of the loan.
After trial, the Tongzhou court held that Xiao Wang and Xiao Li were lovers, and during the relationship between the two, one party opened a WeChat family card and Alipay family card for the other party, and such opening process was prompted as "gift" or "gift", and now Xiao Wang claims that Xiao Li's consumption through the above methods is a lending relationship, and evidence must be provided to prove it, and the content of the chat record submitted by Xiao Wang is not enough to prove that the two parties reached a loan agreement on "intimate" payments. Accordingly, the court did not recognize the 2000,4 yuan spent on the above-mentioned WeChat family card and more than <>,<> yuan spent on Alipay's family card as loans.
With regard to the remaining amounts, the court found that Xiao Wang's evidence fulfilled its purpose of proof. First of all, there were several remarks in the transfer and remittance, and secondly, a contract was signed for a loan of 7,25 yuan, plus there was a chat between the two parties, and Xiao Li expressed his willingness to repay. Based on the above evidence, the court determined that Xiao Li owed Xiao Wang a total of <>,<> yuan and related interest.
The judge reminded that in recent years, various intimate payment businesses have developed rapidly, and WeChat's kinship card and Alipay's affection card are widely used in people's daily life with their characteristics of simple opening and easy to use, and play the role of "virtual credit card".
"This case reflects a common problem that there is insufficient understanding of the nature of the payments made through the intimate payment function, and it is difficult to say whether it is a loan or a gift or other payment." The judge said that according to Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases, the lender should provide credit certificates such as IOUs, receipts, IOUs and other evidence to prove the existence of the legal relationship of lending.
In fact, in addition to the conscious opening of family cards between couples and relatives, in practice, there are many people who are induced by strangers to open intimate payment business without knowing it, which eventually leads to a large amount of money loss. In the final analysis, these situations are still due to insufficient awareness of the intimate payment business.
In this regard, the judge reminded that while enjoying the convenience of intimate payment, the public should also be vigilant against relevant risks and do not arbitrarily open intimate payment services such as kinship cards or affection cards. Although when opening such a business, the system will let the activator choose between the identities of loved ones, parents, children and other relatives, in fact, the system will not review their real identities or relationships with each other, which brings opportunities for some malicious people.
The judge suggested that members of the public should set a spending cap when opening the intimate payment service. The user does not need to inform the activating party when actually using the intimate payment function for payment, nor does it need to obtain its consent, so the activating party often later notices that the bank card balance has decreased, and if the consumption limit is set, the loss can be reduced. At the same time, the public should correctly understand the nature of the gift of the intimate payment function, and if the intimate payment is opened between couples, the party who opened the payment should not hold a fluke mentality, thinking that once they break up, the money can be returned through various channels; Strangers should not easily open the intimate payment function to avoid the loss of money.
Not only intimate payments, couples involved in large amounts of funds, it is best to note the purpose of funds and keep the corresponding vouchers when transferring. On the other hand, if there is no loan between the two parties, do not express loyalty and love to the other party by issuing IOUs, IOUs, etc., to avoid disputes in the future.