Lovers broke up, had sent to the other side of the WeChat red envelope can be back? A married man after breaking up with his girlfriend to court, seeking to two people during the WeChat envelopes, bill payment, QQ transfer payments totaling 8000 yuan to the woman, he is all female direction he claims the money borrowed. The woman then countered that the transfer, red envelopes and other men are in love to the cost of living. Reporters learned yesterday, Nansha District court held that the man provided evidence is not sufficient to prove its claim, should bear the adverse legal consequences.
The affair: two for money quarreling
At the end of 2015, more than and 30 year old married man A Wei (a pseudonym) carrying his wife and more than a dozen years younger Lin (a pseudonym), and began a love affair. Linda from home to friends during the office job, after Wei paid part of the cost of living, to around, and around to find a job in Nansha, but no more than four months to find a job. A Wei said, she often during the day sleeping or playing computer or mobile phone to play, play all night, and then the other strange man.
Two people break after the Wei court, he returned by WeChat requirements Linlin envelopes, bill payment, QQ transfers 8000 yuan loan. A Wei said she initially promised to return 10000 yuan, but because he destroyed around Valentine's items, from 2000 yuan deducted accordingly, but he also has not around 8000 yuan. Repay debts matter was referred to the police, two people face in front of the police agreed, but later agreed to pay back the money around, also did not go. In order to prove the money involved, A Wei to the court to provide a bank transfer records, red records, mobile phone recharge records and QQ chat records and other evidence, the amount of a total of 7390.9 yuan.
Woman: the man to ask for a fee to harass harassment
In the face of A Wei's complaint, she said, she had borrowed 8000 yuan A Wei, she in the QQ chat records said to give A Wei the money, not money, because A Wei also harassed her after breaking up, ask for breakup fee, and even hit the wall of her hands, she was forced to promise to give A Wei 10000 yuan break fee. Later she called the police, did not expect the phone also called to harass her parents.
According to A Wei demanded 8000 yuan in arrears, she disagreed, countered that the money is two people, A Wei gave her the cost of living. In the trial, she admitted two people after breaking up, she had to borrow 300 yuan wei.
Court: the lack of evidence of the plaintiff does not support
After the Court pointed out that the bank transfers A Wei records, red records can be seen, related expenses are A Wei during intercourse and Linlin volunteered to Linlin, is not sufficient to identify the parties in the transfer agreement or send red envelopes before lending has been reached. As for the 8000 yuan arrears referred to in the chat, this is on both sides of conflict, Ah Wei requirements to pay him money around, which is not consistent with the transfer records, records, records submitted by the red bill Wei's fee, and 8000 yuan is called Linlin harassment after she agreed to pay the breakup fee, so on chat can not prove that the Wei and Lin borrowing relationship and pay 8000 yuan loan to linda. In view of the evidence provided by the law is not sufficient to prove its claim, should bear the adverse legal consequences. In the trial, its admission to Lin Wei borrowing 300 yuan, the court will be accepted. Accordingly, the court decision to repay the loan 300 Yuan Lin Wei Wei, dismissed the other claims.
The judge pointed out that private lending can take a written contract, and may also take the oral agreement, but effective loan contracts are to meet two conditions: first, the two sides reached a loan agreement; second, the actual payment of the loan. Therefore, we in the process of interpersonal communication, to make clear the voluntary pay money and borrowing, if a borrowing, by contract, the best form of IOU fixed, even transfer or WeChat red, should also note payments for loans, this dispute is conducive to the burden of proof.