[Abstract] the man’s lawyer said, both men and women are classmates micro letter envelopes and transfer notes “all my life I love you” and “happy dragon boat Festival” content, such as for friendship between good friends, the man to the woman only was the ear soft transfer actually for her loan.
(Reporter shallmean correspondent Yun Faxuan) female students complained of bad not seen for many years, boys “softened” comfort words ambiguous, has sent more than 120,000 yuan of bribes to female students, once enemies wanted to recover the money. Recently, the Baiyun District Court of first instance verdicts in the case, dismissed the man’s appeal.
The red hair “comfort” married girl
According to court presentations, Amin and zhangxuexiu (pseudonym) is a junior high school students, after graduation in 1996 has not been in touch. Amin said that around August 2015, students party because the two men met. After the reunion, zhangxuexiu often told Amin their complaints and discontent of married life, often through letters pouring out emotion, Amin also willing to act as a listener and often comforted. Send micro many times in micro-communication letter envelopes and micro-letter transfers, Amin also usually by cash, bank transfer, Taobao payment forms, ins and outs to zhangxuexiu to pay a total of more than 120,000 yuan.
Turn says “earlobe soft”
However, relations plummeted last year, Al-Amin will be at the end of zhangxuexiu on the Court, said previous call zhangxuexiu for borrowing all the money, request money zhangxuexiu.
Amin’s lawyer said the relationship between Amin and zhangxuexiu students, slightly red packets and transfer notes “all my life I love you” and “happy dragon boat Festival” content, such as for friendship between good friends, Al-Amin was the ear to zhangxuexiu soft transfer, in fact, Amin zhangxuexiu loan. Zhangxuexiu party lawyers think, the relationship between the two has more to do than the ordinary students deep, zhangxuexiu has repeatedly paid to Amin micro letter envelopes, micro-credit transfers, ticket purchase, and so on.
During the hearing, Amin submitted SMS chats, to prove zhangxuexiu commitment to borrow from Al-Amin, but the fact that refused to issue ious. Zhangxuexiu one argues that the main content of the message is both courtesy too closely, discovered by Amin’s wife, forcing zhangxuexiu to produce ious, but do not prove the lending relationship between the parties.
Court decisions without money
Court concluded that the zhangxuexiu there are also payments to the Amin, Idi Amin would not be available between the loan agreement and payments made to Amin zhangxuexiu real as evidence of payment, it is impossible for payments made to zhangxuexiu identified Al-Amin as loan, Amin asked zhangxuexiu repays the loan amounts to more than 120,000-odd claims, no factual and legal basis, the Court does not support. Hence all dismiss Amin’s claims.
The judge reminded of money should be based on a clear loan accord, especially on love, marriage and other special personal relationships, arguing that borrowing should have a clear basis, otherwise lending will not be identified as the establishment of the Court.