Nowadays, the live broadcast platform has a reward mechanism. The local tyrant filled the money and won the first place, in exchange for the female anchor’s tender gratitude, and at the same time welcoming the compliments of the “white whoring party”. However, for ordinary people, rewards are still suitable. If there is money for rewards, it is better to buy a chicken drumstick for the family. Recently, a trial document showed thatIn just 10 months, a 53-year-old uncle in Shanghai gave the female anchor all his family savings of nearly 780,000 yuan.
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The uncle’s actual monthly income is less than 10,000 yuan. His wife has been unable to work for a long time due to physical reasons, and her daughter has never found a job after graduating from university.
In a rage, the wife sued her husband, live broadcast platform, and female anchor to court, demanding that the family property be rewarded be returned.However, after a court decision, his wife Aping’s appeal was rejected becauseThe legal relationship behind this cannot be regarded as a gift relationship, but a network service contract relationship.
The wife claimed that from April 2018 to January 2019, in just 10 months, the husband’s family savings of nearly 780,000 yuan, all rewards were given to the anchor, and most of the rewards were given to the anchor Xiaojia (a pseudonym).
The uncle said that it was Xiao Jia who seduced him. Xiao Jia claimed to be studying abroad. After returning home, he can meet and date with him. The two are in a romantic relationship.
Xiaojia and the live broadcast platform both rejected requests to recover rewards.They think that as an adult, this uncle fully understands what he is doing. I spent money to purchase virtual props such as “roses” and “fireworks”, and also enjoyed services such as interacting with the anchor and enjoying singing. The user name has a crown in the live broadcast room, showing his “honorable status”, and he enters the live broadcast There are special effects such as “shining on stage”. He also has the right to manage the live broadcast room and proactively propose performance requirements to the anchor.
In addition, Xiaojia said that there is no offline meeting or offline rewards between her and the uncle, and there is no ambiguous relationship between the two. Xiao Jia didn’t know that he was married, and he had no intention of destroying the marriage.
Xiaojia and the live broadcast platform also believe that the uncle’s live-broadcasting behavior has lasted for nearly a year, and it has occurred multiple times in small amounts, and the occurrence time is mostly from 7 pm to early morning of the next day. The wife is not aware that she should bear the consequences.
The judge of the Putuo District People’s Court believes that using the gift contract relationship to understand the user’s reward behavior is not only inconsistent with the true intentions of the parties, but also in conformity with the characteristics of the transaction embodied by the parties, and is not conducive to protecting the fairness between the parties. Transaction relationship.
The so-called gift contract means that the donor gives his property to the donee free of charge. In the gift contract, the donee does not need to pay the consideration. But in the relationship between the platform and the uncle,Both parties of the contract paid the consideration, the uncle paid the money, and the platform party fulfilled the contract obligations by providing performances through the anchor.
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