Wang Moumou and Liu Moumou, in their 50s in Mianyang, Sichuan, established a romantic relationship and lived together under the introduction of others, but only 4 months later, the two broke up.During the exchange, Wang Moumou sent more than 3200 yuan to Liu via WeChat transfer and red envelopes, and also bought 8,000 yuan worth of jewelry for Liu. After breaking up, Wang Moumou believed that Liu defrauded money in the name of playing friends, so he sued the court and demanded the return of WeChat red envelopes and 8,000 yuan for the purchase of jewelry.
On June 15, the Red Star News reporter learned from the Youxian District Court of Mianyang that the court recently ruled that the more than 3,000 yuan paid to Liu by Wang Moumou is a general gift relationship between lovers, and Wang Moumou has no right to request acceptance. The donor returns the property. The 8,000 yuan spent on buying gold and silver jewelry should be regarded as having the attributes of a pre-marriage gift due to the large amount. Because the two parties did not register their marriage, Liu should be obliged to repay the amount. However, Liu had already paid 10,000 yuan in cash to Wang XX after the breakup, and he did not support Wang’s claim that he would then request a refund of 8,000 yuan.
Love for 4 months and break up
The man sued the woman, demanding the return of WeChat red envelopes and jewelry
Wang Mo was born in 1968 and lives in Youxian District, Mianyang City. Under the introduction of others, he met Liu who was born in 1965. Beginning in November 2019, the two established a romantic relationship and lived together.
During the exchange, Wang Moumou paid Liu Mou 7 times through WeChat transfers and red envelopes, totaling more than 3,200 yuan, and bought 8,000 yuan worth of jewelry for Liu. However, this relationship did not last long. Due to emotional discord, the two separated in March 2020.
“In the beginning, it was with the purpose of getting married, but she didn’t speak good faith, and then she didn’t answer the phone, and WeChat also blocked me.” Thinking of all the financial contributions he had made before, Wang Moumou felt helpless. A petition was submitted to the court, requesting that Liu be ordered to pay more than 11,000 yuan for all his expenses.
Liu said that Wang Moumou did send her a WeChat red envelope. However, during the relationship, Wang Moumou sent a WeChat red envelope to express his love and should not be returned. At the same time, during the four months that Liu and Wang lived together, she never asked for money. As for the 8,000 yuan for the purchase of jewelry, Wang Moumou came to the door several times after the breakup. In order to avoid unnecessary trouble, she had paid Wang Moumou 10,000 yuan in one lump sum.
“I have paid back what I should pay back, can I still want to go back for the WeChat red envelope?” Liu was speechless.
The court found:
WeChat red envelopes are a general gift between lovers and are not refundable
The Youxian Court held that there was a fact that Wang XX and Liu XX lived together and lived together during their relationship, and there was also a certain amount of capital exchange between the two parties. For Wang Moumou’s proposal, the total amount of money transfers and red envelopes to Liu’s WeChat account is more than 3,000 yuan, of which the largest amount is 1,000 yuan, and the smallest is 52 yuan, which should fall within a reasonable range of meeting daily expenses.
At the same time, in a romantic relationship, both parties have the right to choose whether to marry each other. Both Wang XX and Liu XX are adults who have had marriage and love experiences, and this situation should be expected. After the breakup, if one party requests the return of funds during the relationship period, it shall bear the burden of proof for the fact that there is a loan or other basic legal relationship between the two parties. In this case, Wang Moumou had no evidence to prove this. On the contrary, he also admitted that the payment was based on an expression of love for Liu.
Based on Wang’s own statement of the reasons for payment and the fact that the amount paid did not exceed daily expenses, based on social communication habits and daily life experience, it should be determined that Wang’s payment of more than 3,000 yuan to Liu is a lover The general gift relationship between. As the donor, Wang Moumou has no right to require the recipient to return the property after he has given the corresponding property.
Regarding Wang’s 8,000 yuan for buying gold and silver jewelry for Liu, because of the large amount, it should be regarded as having the attributes of a pre-marriage gift. Because the two parties did not register their marriage, Liu should be obliged to repay the amount. However, the comprehensive trial situation can confirm that the fact that Liu has paid 10,000 yuan in cash to Wang XX is established. Therefore, Wang XX’s claim that another 8,000 yuan is returned is not supported.
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