[Case Summary]This case involves a civil loan dispute. The plaintiff and defendant met through social media in June 2021 and established a romantic relationship. On November 2, 2021, the defendant claimed to have been diagnosed with a terminal illness, and on November 21, they initiated a breakup. During their relationship (from June 26, 2021 to November 17, 2021), the defendant borrowed money from the plaintiff multiple times, citing reasons such as purchasing cosmetics, necklaces, luxury bags, hospitalization medical expenses, renovation costs, travel and accommodation expenses, meal costs, and labor contract breach penalties. The plaintiff provided loans totaling approximately 300,500 yuan through WeChat Family Card, WeChat transfers, bank cards, Alipay Intimate Pay, and Alipay transfers. On August 21, 2021, the parties signed a loan contract for a single loan of 70,000 yuan. The defendant failed to repay the loan, and the plaintiff subsequently entrusted the Beijing Henglu Law Firm to handle the case.Tian Jia YanThe lawyer filed a lawsuit, but the defendant failed to appear in court after being summoned. The court ruled that the loan agreement was valid and ordered the defendant to repay 254,871 yuan and the overdue interest (calculated at 3.7% LPR, starting from February 2, 2022). The core dispute: the determination of the loan agreement made during the dating period. Applicable laws: Article 676 of the Civil Code and Article 28 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trials of Civil Loan Cases.

I. Review of the case facts

"Borrowing money during a relationship" and "couples not repaying loans" are common scenarios in private lending. The plaintiff and defendant met through a social media platform in mid-June 2021, and their relationship was formalized at the end of June. On November 2, 2021, the defendant informed the plaintiff that he had been diagnosed with a terminal illness, and on November 21, 2021, he initiated the breakup with the plaintiff.

From June 26, 2021 to November 17, 2021, during their relationship, the defendant borrowed money from the plaintiff multiple times, citing reasons such as purchasing cosmetics, necklaces, luxury bags, paying hospitalization medical expenses, renovation costs, travel and accommodation expenses, meals, and labor contract breach penalties. The plaintiff lent the defendant 2,393.89 yuan via WeChat Family Card, 16,550 yuan via WeChat transfer, 233,000 yuan via bank card transfer, 43,287.26 yuan via Alipay Intimate Pay, and 5,321 yuan via Alipay transfer. On August 21, 2021, the plaintiff and the defendant signed a loan contract, stipulating a single loan of 70,000 yuan that the plaintiff transferred to the defendant via bank transfer on the same day, with the defendant agreeing to repay the loan by September 23, 2021.

The plaintiff has failed to reach an agreement on repayment through multiple negotiations, and as of the date of filing the lawsuit, the defendant has not yet repaid the principal of the loan, which totals 300552.15 yuan. To safeguard their legitimate rights and interests, the plaintiff has entrusted Beijing Henglu Law Firm to handle the case for them.Tian JiayanThe lawyer filed a lawsuit.

II. The focus of the case

  • Focus 1: Can multiple transfers (including Intimate Pay and Relative Card) during the relationship be deemed as loans rather than gifts?It is necessary to combine the notes, contracts, and chat records to determine the true meaning.
  • Focus Two: Is the evidence of the loan agreement (loan contract, loan notes, and chat records) sufficient?Decide whether the court will support the plaintiff's claims.
  • Focus Three: If the defendant fails to appear in court after being summoned, the burden of proof and the determination of facts will be borne by the plaintiff in the absence of the defendant.This tests the lawyers' ability to organize evidence before the trial.

III. The professional intervention of Hengluo Law Firm

The plaintiff originally claimed that:During the relationship, the defendant borrowed a total of approximately 305,000 yuan from the plaintiff on multiple occasions and failed to repay it. There is a 70,000 yuan loan contract to prove this. The plaintiff requests the court to order the defendant to repay the principal of the loan and the overdue interest.

The defendant argued that:The defendant was summoned by the court but failed to appear in court, did not submit a written defense, and did not provide any evidence. Therefore, the trial was conducted in the defendant's absence.

Legal opinion of Hengluo Law Firm:After receiving the entrustment, Attorney Tian immediately communicated and analyzed with the client about key issues such as the form of the loan, whether there was a promissory note, and chat records, and promptly provided a litigation plan (including legal analysis, evidence preparation, and risk warnings). The attorney believed that some transfer notes were marked as loans, and there was a 70,000 yuan loan contract, along with the content of their chats, which was sufficient to establish a loan agreement between the two parties.

  • Check with the parties one by one on key points such as the form of the loan, the promissory note, and the chat records, so as to consolidate the evidence chain of the loan agreement
  • Prepare cross-examinations and defense strategies in advance in case the defendant fails to appear in court and may raise objections
  • By presenting key and conclusive evidence and cross-examination, we helped the court determine that our evidence served its purpose and supported some of our claims

IV. Outcome of the case

During the trial, the defendant did not appear in court. Based on the key evidence and the lawyer's cross-examination, the court concluded that our evidence met the purpose of proof and supported some of our claims. In accordance with Article 676 of the Civil Code of the People's Republic of China, Article 28 of the "Regulations of the Supreme People's Court on the Application of Law in the Trials of Civil Loan Cases", and Article 147 of the Civil Procedure Law of the People's Republic of China, the court ruled as follows: 1. The defendant shall repay the plaintiff the loan of 254,871 yuan and the overdue interest (the interest shall be calculated based on the principal of 254,871 yuan, from February 2, 2022 to the date of actual repayment, at an interest rate of 3.7% of the LPR), and shall execute the repayment within seven days from the date of this judgment becoming effective; 2. The plaintiff's other claims are dismissed.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Tian JiayanAttorney (Practice Certificate No.: 11101202111381309, subject to the certificate issued by the judicial administrative organ). Hengluo Law Firm advises: During the relationship, the mutual transfer of property may be a gift or a loan. Due to full trust, it's common for loans not to have promissory notes, which may easily lead to disputes if conflicts arise. It is recommended to keep written evidence for large-amount loans, choose transfer as the payment method and note "loan", keep chat records, and consult professional lawyers for protection in case of disputes.

VI. Common Questions and Answers about Loan Disputes During Romantic Relationships

  1. Q: If I transfer money to my partner during our relationship, can I get it back after we break up?
    A:For those who can prove the loan agreement (receipts, notes on the loan, chat records), they can claim the return of the loan; it's generally difficult to recover the money if it's purely a gift. In this case, the claim was supported based on the evidence provided.
  2. Q: If there's no IOU when transferring money via WeChat or Alipay, can the transaction still be considered a loan?
    A:Yes, the transfer note stating "loan", the acknowledgment of the loan in the chat, and the subsequent records of debt collection can all be used as evidence of the loan agreement.
  3. Q: Are Alipay's "Intimate Pay" and WeChat's "Relative Card" considered loans or gifts?
    A:Judging from the notes and chat records; if it's clearly a loan or used for a specific loan purpose, you can claim it as a loan. Otherwise, it's likely to be regarded as a gift.
  4. Q: If the other party refuses to appear in court when being sued for a loan, how will the court rule on the case?
    A:If the defendant fails to appear in court upon summons, the trial may proceed in his absence. The court shall make a determination based on the evidence provided by the plaintiff. If the evidence is sufficient, the court shall support the plaintiff's claims.
  5. Q: How are the statute of limitations and interest calculated for lawsuits involving loan disputes in romantic relationships?
    A:The statute of limitations is generally three years, starting from the agreed repayment date or the date on which the right is claimed; if there is an agreement on interest, the interest shall be calculated according to the agreement; if there is no agreement on interest, the interest shall be calculated according to the LPR; and if the payment is overdue, the creditor may claim damages for the use of funds.