Transferred to his girlfriend twice, 580 thousand.
2065438+April 2005, awei met Ashin through a friend's introduction. Awei said that the two had planned to get married. During their love, they decided to buy a house as a wedding room in the name of Ashin. At the request of Ashin, he transferred the down payment of 300,000 yuan to her bank account. In order to repay the loan and decorate, he paid Ashin more than 280,000 yuan through WeChat transfer.
To awei's surprise, from 2065438 to May 2006, Ashin proposed to break up, but failed to keep him. Awei thinks that he paid so much money for Axin to buy a wedding room and decorate it in order to get married, but now the marriage has gone up in smoke. Awei wanted to get back the money he had remitted to A Xin before, but he was refused. On 20 16 12, awei sued Axin to the Second People's Court of Dongguan, demanding Axin to return more than 580,000 yuan and interest.
Woman: The money was given by the other party.
According to the investigation, from September 20 15 to June 20 16, awei remitted more than 280,000 yuan to Ashin through bank transfer, WeChat transfer and red envelopes. Among them, awei transferred RMB10,000 yuan to Ashin in 27 installments from May 27th to June 27th, 20th14th16th, 20th. Before and during the transfer, the two sides discussed the house decoration, and Ashin asked awei to prepare the house payment and deed tax.
Regarding awei's lawsuit, Ashin said that she didn't agree to fall in love at first, but awei offered to buy her a house, not to get married. Awei also promised to give her a monthly living allowance of 20,000 to 30,000 yuan to stop her work. The transfer of 10000 yuan in WeChat was awei's promise to give her living expenses in order to coax her to continue her love. Ashin said that from 2065438 to May 2006, the two broke up because awei failed to pay the living expenses of 20,000 to 30,000 yuan as promised. The money for buying a house is only 200,000 yuan given by awei, and part of the down payment is paid by Axin himself. The house has not been decorated yet. The remaining money was spent on their living expenses. The money was given by awei on his own initiative. She didn't get unjust enrichment and shouldn't return it. Awei said that he did promise to give Ashin living expenses, but not as much as the other party said.
Judgment: the woman who fails to fulfill her marriage promise should pay back.
The court held through trial that although the man admitted that he had promised the living expenses, he did not confirm the amount claimed by the woman. Therefore, according to his daily life experience, combined with the love time of the two parties for about one year and the general living consumption level in Dongguan, he decided to use 70,000 yuan of the 270,000 yuan WeChat transfer to pay the living expenses promised during the love period, and the remaining 200,000 yuan for the deed tax and decoration of the wedding room.
The court found that awei gave Ashin money as a gift during her love. Awei's 300,000-yuan house purchase payment and 200,000-yuan wedding house deed tax and decoration payment are for the purpose of marriage, and the condition attached to the gift is marriage. According to the Contract Law of People's Republic of China (PRC), the gift may be accompanied by obligations. If the gift is accompanied by obligations, the donee shall perform the obligations as agreed. Ashin failed to fulfill his marriage promise, and the two sides broke up, so the conditions of the gift were not met, and Ashin should return the money to awei.
In addition, the amount of awei's WeChat transfer and red envelope to A Xin was 1.7 million yuan. Some are awei's compensation for Ashin's travelling expenses, and some are 520,888 and other expenses for expressing love, ranging from several hundred yuan to several thousand yuan. Considering the small amount, it should be considered as a free gift during the period of love, and marriage should not be attached as a condition, so Ashin does not need to return it. The court then made a judgment of first instance, and ordered Axin to return 500,000 yuan and interest to awei. A few days ago, the judgment came into effect.
Since we can't talk about feelings, we can only talk about money.